Santiago Lighterage Corporation V CA

Santiago Lighterage Corporation v.
Court of Appeals
432 SCRA 493
GR No. 139629 21 June 2004
FACTS: Manuel Pelaez, a sole proprietor of MAP Trading, entered into a contract with CSquare Consolidated Mines for shipping and exporting its milled chromite ores to South
Korea. Pelaez assured Emilio Libatugue, Vice President of Plaintiff Corporation, that MV
Christine Gay was seaworthy. The policy stipulates that the policy shall automatically be
rescinded and be inoperative if the vessel is found not seaworthy to undertake a safe
voyage or if defendant fails to get necessary permits. The plaintiff paid a third party
defendant Santiaho Lighterage Corp for the account of MAP Trading pursuant to the
understanding of Plaintiff Pelaez. Upon the vessels turn over to Santiago Lighterage to
Pelaez, a new set of crew member took possession of it and determined her actual
condition. Engr. Simeon Panaguiton observed that the vessel was not in good condition;
nevertheless, it was allowed to make the voyage because of the assurance that it will be
repaired. The chromite ores were loaded while repairs on the vessel were made by third
party defendants Santiago Lighterage and Robert Tan. Capt. Beltran Sorongon, the master
of the vessel and Engr. Panaguiton did not allow the vessel to make her voyage because of
the inadequacy of the repair. Thereafter, it was decided that the vessel with the chromite
ores will sail back towards Manila since sailing to Korea would be very dangerous. In the
afternoon, the engine stopped, making it to stop in the middle of the sea. Upon notice, CSquare then served a notice of rescission of the Charter Agreement upon Pelaez who gave
his conformity thereto. Thereafter, the C-Square sent a demand letter informing Pelaez
that it suffered damages in the amount of P2.4 million because the vessel lacked the
documentation and that the vessel was not seaworthy. The counsel of Pelaez wrote a letter
of demand to Santiago Lighterage and Robert Tan informing about the demand letter of CSquare. In the letter, it demanded that Pelaez be paid the amount of P2million and the
further sum of P1million representing his unrealized profit on the transaction. Because the
vessel suffered a breakdown, the vessel was towed by a tugboat to Manila. Pelaez wrote a
letter to Maritime Industry Authority (MARINA) requesting for a re-investigation of the
seaworthiness of the vessel. A report was issued stating that the vessel was a dead ship at
the time of inspection. Consequently, plaintiff had to contract with other companies to
transport its chromite ores to South Korea and this entailed additional expenses. Moreover,
the ores had to be unloaded from the vessel and plaintiffs sent for salaries of the officers
and crew members of the vessel, provisions, furl and other things needed with a total
expenditures amounting to P3.1 Million as supported by various receipts and documents.
The trial court held that MV Christine Gay was not seaworthy, which was thereby affirmed
by the appellate courts. Hence this instant petition.
ISSUE: Whether or not MV Christine Gay is seaworthy?
HELD: Seaworthiness is a relative term. Petitioner claims that MV Christine Gay later
undertook voyages within the Philippines.[15] However, such subsequent voyages in the
Philippines do not prove the vessels seaworthiness to withstand a voyage to South Korea.
We quote from authorities in Maritime Law: To be seaworthy, a vessel must have that
degree of fitness which an ordinary, careful and prudent owner would require his vessel to
have at the commencement of her voyage, having regard to all the probable
circumstances of it.
Thus the degree of seaworthiness varies in relation to the
contemplated voyage. Crossing the Atlantic calls for stronger equipment than sailing
across the Visayan Sea. It is essential to consider that once the necessary degree of
seaworthiness has been ascertained, this obligation is an absolute one, i.e. the
undertaking is that the vessel actually is seaworthy. It is no excuse that the shipowner
took every possible precaution to make her so, if in fact he failed. In examining what is
meant by seaworthiness we must bear in mind the dual nature of the carriers obligations
under a contract of affreightment. To satisfy these duties the vessel must (a) be efficient
as an instrument of transport and (b) as a storehouse for her cargo. The latter part of the
obligation is sometimes referred to as cargoworthiness. A ship is efficient as an instrument
of transport if its hull, tackle and machinery are in a state of good repair, if she is
sufficiently provided with fuel and ballast, and is manned by an efficient crew. And a vessel
is cargoworthy if it is sufficiently strong and equipped to carry the particular kind of cargo
which she has contracted to carry, and her cargo must be so loaded that it is safe for her
to proceed on her voyage. A mere right given to the charterer to inspect the vessel before
loading and to satisfy himself that she was fit for the contracted cargo does not free the
shipowner from his obligation to provide a cargoworthy ship

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