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Biyernes, Marso 1, 2013

Wild Valley v CA

Facts:
Philippine Roxas (owned by Phil. Pres. Lines), vessel, arrived in Venezuela to load iron ore. When vessel was ready to leave the port, Mr. Vasquez (official pilot of Venezuela) was designated to navigate the vessel through the Orinoco River.

The master of the vessel, Captain Colon, was at the bridge with the pilot when the vessel left the port. Captain Colon left the bridge when the vessel was underway.

The vessel experienced some vibrations but the pilot assured that they were just a result of the shallowness of the vessel. The vessel again experienced vibrations which led to the vessel being run aground in the Orinoco River, obstructing the ingress and egress of vessels.

As a result of the blockage, the Malandrinon (vessel owned by Wildvalley Shipping) was unable to sail out that day. For this reason, Wild Valley commenced an action for damages.

Issue:
1. Whether or not fault can be attributed to the master(captain) of Philippine Roxas for the grounding of said vessel.

2. Whether or not the doctrine of res ipsa loquitor applies.

Held:
1. No. It's the pilot's fault!

There being no contractual obligation, the master was only required to give ordinary diligence in accordance with Article 1173 of the New Civil Code. In the case, the master exercised due diligence when the vessel sailed only after the main engine, machine rise and other auxiliaries were checked and found to be in good running condition and when the master left a competent officer - the pilot who is experienced in navigating the Orinoco River.

Philippine rules on pilotage enunciate the duties and responsibilities of a master of a vessel and its pilot. The law is explicit in saying that the master remains the overall commander of the vessel even when there is a pilot on board. He remains in control despite the presence of a pilot who is temporarily in charge of the vessel. It is NOT required of him to be on bridge while the vessel is being navigated by a pilot.

Furthermore, the Orinoco River being a compulsory pilotage channel necessitated the engaging of a pilot who was presumed to be knowledgeable of every shoal, bank, deep and shallow ends of the river. Admitting his limited knowledge of the River, Captain Colon deemed it best to rely on the knowledge and experience of pilot Vasquez to guide the vessel safely.

The pilot should have been aware of the portions which are shallow and which are not. His failure to determine the depth of the river and his decision to plod on his set course, in all probability, caused damage to the vessel. Thus, he is negligent and liable for the grounding.

2. NO. The elements of res ipsa loquitor are:
-accident was of such character as to warrant inference that it would not have happened except for defendant's negligence
-accident must have been caused by an agency/instrumentality within the exclusive management or control of the person charged with the negligence complained of
-accident must not have been due to any voluntary action or contribution on the part of the person injured.

There was a temporary shift of control over the ship from the master to the pilot on a compulsory pilotage channel. Thus, requisites 1 and 2 (negligence and control) are not present in the following situation.

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