13. G.R. No.

110398 November 7, 1997 that the collision was entirely due to the fault of the crew of
the M/T Tacloban City.
NEGROS NAVIGATION CO., INC., petitioner,
vs. On January 20, 1986, the PNOC and petitioner Negros
THE COURT OF APPEALS, RAMON MIRANDA, Navigation Co., Inc. entered into a compromise agreement
SPS. RICARDO and VIRGINIA DE LA whereby petitioner assumed full responsibility for the
VICTORIA, respondents. payment and satisfaction of all claims arising out of or in
connection with the collision and releasing the PNOC and
the PNOC/STC from any liability to it. The agreement was
subsequently held by the trial court to be binding upon
petitioner, PNOC and PNOC/STC. Private respondents did
MENDOZA, J.:
not join in the agreement.
This is a petition for review on certiorari of the decision of
After trial, the court rendered judgment on February 21,
the Court of Appeals affirming with modification the
1991, the dispositive portion of which leads as follows:
Regional Trial Court's award of damages to private
respondents for the death of relatives as a result of the
sinking of petitioner's vessel. WHEREFORE, in view of the foregoing, judgment
is hereby rendered in favor of the plaintiffs,
ordering all the defendants to pay jointly and
In April of 1980, private respondent Ramon Miranda
severally to the plaintiffs damages as follows:
purchased from the Negros Navigation Co., Inc. four special
cabin tickets (#74411, 74412, 74413 and 74414) for his
wife, daughter, son and niece who were going to Bacolod To Ramon Miranda:
City to attend a family reunion. The tickets were for Voyage
No. 457-A of the M/V Don Juan, leaving Manila at 1:00 P42,025.00 for
p.m. on April 22, 1980. actual
damages;
The ship sailed from the port of Manila on schedule.
P152,654.55 as
At about 10:30 in the evening of April 22, 1980, the Don compensatory
Juan collided off the Tablas Strait in Mindoro, with the damages for
M/T Tacloban City, an oil tanker owned by the Philippine loss of
National Oil Company (PNOC) and the PNOC Shipping and earning
Transport Corporation (PNOC/STC). As a result, the capacity of his
M/V Don Juan sank. Several of her passengers perished in wife;
the sea tragedy. The bodies of some of the victims were
found and brought to shore, but the four members of private P90,000.00 as
respondents' families were never found. compensatory
damages for
Private respondents filed a complaint on July 16, 1980 in the wrongful
Regional Trial Court of Manila, Branch 34, against the death of three
Negros Navigation, the Philippine National Oil Company (3) victims;
(PNOC), and the PNOC Shipping and Transport
Corporation (PNOC/STC), seeking damages for the death of P300,000.00 as
Ardita de la Victoria Miranda, 48, Rosario V. Miranda, 19, moral
Ramon V. Miranda, Jr., 16, and Elfreda de la Victoria, 26. damages;

In its answer, petitioner admitted that private respondents P50,000.00 as

purchased ticket numbers 74411, 74412, 74413 and 74414; exemplary
that the ticket numbers were listed in the passenger damages, all in
manifest; and that the Don Juan left Pier 2, North Harbor, the total
Manila on April 22, 1980 and sank that night after being amount of
rammed by the oil tanker M/T Tacloban City, and that, as a P634,679.55;
result of the collision, some of the passengers of the and
M/V Don Juan died. Petitioner, however, denied that the
four relatives of private respondents actually boarded the P40,000.00 as
vessel as shown by the fact that their bodies were never attorney's fees.
recovered. Petitioner further averred that the Don Juan was
seaworthy and manned by a full and competent crew, and To Spouses
Ricardo and
1
 Virginia de la (1) whether the members of private respondents' families
Victoria: were actually passengers of the Don Juan;

P12,000.00 for (2) whether the ruling in Mecenas v. Court of

actual Appeals,2 finding the crew members of petitioner to be
damages; grossly negligent in the performance of their duties, is
binding in this case;
P158,899.00 as
compensatory (3) whether the total loss of the M/V Don Juan extinguished
damages for petitioner's liability; and
loss of
earning (4) whether the damages awarded by the appellate court are
capacity; excessive, unreasonable and unwarranted.

P30,000.00 as First. The trial court held that the fact that the victims were
compensatory passengers of the M/V Don Juan was sufficiently proven by
damages for private respondent Ramon Miranda, who testified that he
wrongful purchased tickets numbered 74411, 74412, 74413, and
death; 74414 at P131.30 each from the Makati office of petitioner
for Voyage No. 47-A of the M/V Don Juan, which was
P100,000.00 as leaving Manila on April 22, 1980. This was corroborated by
moral the passenger manifest (Exh. E) on which the numbers of
damages; the tickets and the names of Ardita Miranda and her children
and Elfreda de la Victoria appear.
P20,000.00 as
exemplary Petitioner contends that the purchase of the tickets does not
damages, all in necessarily mean that the alleged victims actually took the
the total trip. Petitioner asserts that it is common knowledge that
amount of passengers purchase tickets in advance but do not actually
P320,899.00; use them. Hence, private respondent should also prove the
and presence of the victims on the ship. The witnesses who
affirmed that the victims were on the ship were biased and
P15,000.00 as unreliable.
attorney's fees.
This contention is without merit. Private respondent Ramon
1
On appeal, the Court of Appeals affirmed the decision of Miranda testified that he personally took his family and his
the Regional Trial Court with modification niece to the vessel on the day of the voyage and stayed with
them on the ship until it was time for it to leave. There is no
reason he should claim members of his family to have
1. Ordering and sentencing defendants-appellants,
perished in the accident just to maintain an action. People do
jointly and severally, to pay plaintiff-appellee
not normally lie about so grave a matter as the loss of dear
Ramon Miranda the amount of P23,075.00 as
ones. It would be more difficult for private respondents to
actual damages instead of P42,025.00;
keep the existence of their relatives if indeed they are alive
than it is for petitioner to show the contrary. Petitioner's
2. Ordering and sentencing defendants-appellants, only proof is that the bodies of the supposed victims were
jointly and severally, to pay plaintiff-appellee not among those recovered from the site of the mishap. But
Ramon Miranda the amount of P150,000.00, so were the bodies of the other passengers reported missing
instead of P90,000.00, as compensatory damages not recovered, as this Court noted in the Mecenas3 case.
for the death of his wife and two children;
Private respondent Miranda's testimony was corroborated by
3. Ordering and sentencing defendants-appellants, Edgardo Ramirez. Ramirez was a seminarian and one of the
jointly and severally, to pay plaintiffs-appellees survivors of the collision. He testified that he saw Mrs.
Dela Victoria spouses the amount of P50,000.00, Miranda and Elfreda de la Victoria on the ship and that he
instead of P30,000.00, as compensatory damages talked with them. He knew Mrs. Miranda who was his
for the death of their daughter Elfreda Dela teacher in the grade school. He also knew Elfreda who was
Victoria; his childhood friend and townmate. Ramirez said he was
with Mrs. Miranda and her children and niece from 7:00
Hence this petition, raising the following issues: p.m. until 10:00 p.m. when the collision happened and that
he in fact had dinner with them. Ramirez said he and Elfreda
stayed on the deck after dinner and it was there where they
2
were jolted by the collision of the two vessels. Recounting were actually 1,004 on board the vessel when it sank, 140
the moments after the collision, Ramirez testified that persons more than the maximum number that could be
Elfreda ran to fetch Mrs. Miranda. He escorted her to the safely carried by it.
room and then tried to go back to the deck when the lights
went out. He tried to return to the cabin but was not able to Taking these circumstances together, and the fact that the
do so because it was dark and there was a stampede of M/V Don Juan, as the faster and better-equipped vessel,
passengers from the deck. could have avoided a collision with the PNOC tanker, this
Court held that even if the Tacloban City had been at fault
Petitioner casts doubt on Ramirez' testimony, claiming that for failing to observe an internationally-recognized rule of
Ramirez could not have talked with the victims for about navigation, the Don Juan was guilty of contributory
three hours and not run out of stories to tell, unless Ramirez negligence. Through Justice Feliciano, this Court held:
had a "storehouse" of stories. But what is incredible about
acquaintances thrown together on a long journey staying The grossness of the negligence of the "Don Juan"
together for hours on end, in idle conversation precisely to is underscored when one considers the foregoing
while the hours away? circumstances in the context of the following facts:
Firstly, the "Don Juan" was more than twice as fast
Petitioner also points out that it took Ramirez three (3) days as the "Tacloban City." The "Don Juan's" top speed
before he finally contacted private respondent Ramon was 17 knots; while that of the "Tacloban City"
Miranda to tell him about the fate of his family. But it is not was 6.3. knots. Secondly, the "Don Juan" carried
improbable that it took Ramirez three days before calling on the full complement of officers and crew members
private respondent Miranda to tell him about the last hours specified for a passenger vessel of her class.
of Mrs. Miranda and her children and niece, in view of the Thirdly, the "Don Juan" was equipped with radar
confusion in the days following the collision as rescue teams which was functioning that night. Fourthly, the
and relatives searched for survivors. "Don Juan's officer on-watch had sighted the
"Tacloban City" on his radar screen while the latter
Indeed, given the facts of this case, it is improper for was still four (4) nautical miles away. Visual
petitioner to even suggest that private respondents' relatives confirmation of radar contact was established by
did not board the ill-fated vessel and perish in the accident the "Don Juan" while the "Tacloban City" was still
simply because their bodies were not recovered. 2.7 miles away. In the total set of circumstances
which existed in the instant case, the "Don Juan,"
had it taken seriously its duty of extraordinary
Second. In finding petitioner guilty of negligence and in
diligence, could have easily avoided the collision
failing to exercise the extraordinary diligence required of it
with the "Tacloban City." Indeed, the "Don Juan"
in the carriage of passengers, both the trial court and the
might well have avoided the collision even if it had
appellate court relied on the findings of this Court
in Mecenas v. Intermediate Appellate Court,4 which case exercised ordinary diligence merely.
was brought for the death of other passengers. In that case it
was found that although the proximate cause of the mishap It is true that the "Tacloban City" failed to follow
was the negligence of the crew of the M/T Tacloban City, Rule 18 of the International Rules of the Road
the crew of the Don Juan was equally negligent as it found which requires two (2) power-driven vessels
that the latter's master, Capt. Rogelio Santisteban, was meeting end on or nearly end on each to alter her
playing mahjong at the time of collision, and the officer on course to starboard (right) so that each vessel may
watch, Senior Third Mate Rogelio De Vera, admitted that he pass on the port side (left) of the other. The
failed to call the attention of Santisteban to the imminent "Tacloban City," when the two (2) vessels were
danger facing them. This Court found that Capt. Santisteban only three-tenths (0.3) of a mile apart, turned (for
and the crew of the M/V Don Juan failed to take steps to the second time) 15 to port side while the "Don
prevent the collision or at least delay the sinking of the ship Juan" veered hard to starboard. . . . [But] "route
and supervise the abandoning of the ship. observance" of the International Rules of the Road
will not relieve a vessel from responsibility if the
collision could have been avoided by proper care
Petitioner Negros Navigation was found equally negligent in
and skill on her part or even by a departure from
tolerating the playing of mahjong by the ship captain and
other crew members while on board the ship and failing to the rules.
keep the M/V Don Juan seaworthy so much so that the ship
sank within 10 to 15 minutes of its impact with the In the petition at bar, the "Don Juan" having
M/T Tacloban City. sighted the "Tacloban City" when it was still a long
way off was negligent in failing to take early
In addition, the Court found that the Don Juan was preventive action and in allowing the two (2)
overloaded. The Certificate of Inspection, dated August 27, vessels to come to such close quarters as to render
the collision inevitable when there was no
1979, issued by the Philippine Coast Guard Commander at
necessity for passing so near to the "Tacloban City"
Iloilo City stated that the total number of persons allowed on
as to create that hazard or inevitability, for the
the ship was 864, of whom 810 are passengers, but there
3
 "Don Juan" could choose its own distance. It is Document Mecenas case This case
noteworthy that the "Tacloban City," upon turning
hard to port shortly before the moment of collision, Decision of Commandant, Exh. 10 10 Exh. 11-B-
signalled its intention to do so by giving two (2) NN/X
short blasts with its horn. The "Don Juan" gave no Phil. Coast Guard
answering horn blast to signal its own intention and in BMI Case No.
proceeded to turn hard to starboard. 415-80 dated 3/26/81

We conclude that Capt. Santisteban and Negros Decision of the Minister Exh. 11 11 Exh. ZZ
Navigation are properly held liable for gross of National Defense
negligence in connection with the collision of the dated 3/12/82
"Don Juan" and "Tacloban City" and the sinking of
the "Don Juan" leading to the death of hundreds of Resolution on the Exh. 13 12 Exh. AAA
passengers. . . .5 motion for reconsideration (private
of the decision of the respondents)
Petitioner criticizes the lower court's reliance on Minister of National
the Mecenas case, arguing that, although this case arose out defense dated 7/27/84
of the same incident as that involved in Mecenas, the parties
are different and trial was conducted separately. Petitioner Certificate of Exh. 1-A 13 Exh. 19-NN
contends that the decision in this case should be based on
inspection dated
the allegations and defenses pleaded and evidence adduced
8/27/79
in it or, in short, on the record of this case.
Certificate of Stability Exh. 6-A 14 Exh. 19-D-NN
The contention is without merit. What petitioner contends dated 12/16/76
may be true with respect to the merits of the individual
claims against petitioner but not as to the cause of the
sinking of its ship on April 22, 1980 and its liability for such Nor is it true that the trial court merely based its decision on
accident, of which there can only be one truth. Otherwise, the Mecenas case. The trial court made its own independent
one would be subscribing to the sophistry: truth on one side findings on the basis of the testimonies of witnesses, such as
of the Pyrenees, falsehood on the other! Senior Third Mate Rogelio de Vera, who incidentally gave
substantially the same testimony on petitioner's behalf
before the Board of Marine Inquiry. The trial court agreed
Adherence to the Mecenas case is dictated by this Court's
with the conclusions of the then Minister of National
policy of maintaining stability in jurisprudence in Defense finding both vessels to be negligent.
accordance with the legal maxim "stare decisis et non quieta
movere" (Follow past precedents and do not disturb what
has been settled.) Where, as in this case, the same questions Third. The next issue is whether petitioner is liable to pay
relating to the same event have been put forward by parties damages notwithstanding the total loss of its ship. The issue
similarly situated as in a previous case litigated and decided is not one of first impression. The rule is well-entrenched in
by a competent court, the rule of stare decisis is a bar to any our jurisprudence that a shipowner may be held liable for
attempt to relitigate the same issue.6 In Woulfe v. Associated injuries to passengers notwithstanding the exclusively real
Realties Corporation,7 the Supreme Court of New Jersey and hypothecary nature of maritime law if fault can be
held that where substantially similar cases to the pending attributed to the shipowner. 15
case were presented and applicable principles declared in
prior decisions, the court was bound by the principle of stare In Mecenas, this Court found petitioner guilty of negligence
decisis. Similarly, in State ex rel. Tollinger v. Gill,8 it was in (1) allowing or tolerating the ship captain and crew
held that under the doctrine of stare decisis a ruling is final members in playing mahjong during the voyage, (2) in
even as to parties who are strangers to the original failing to maintain the vessel seaworthy and (3) in allowing
proceeding and not bound by the judgment under the res the ship to carry more passengers than it was allowed to
judicata doctrine. The Philadelphia court expressed itself in carry. Petitioner is, therefore, clearly liable for damages to
this wise: "Stare decisis simply declares that, for the sake of the full extent.
certainty, a conclusion reached in one case should be
applied to those which follow, if the facts are substantially Fourth. Petitioner contends that, assuming that
the same, even though the parties may be different." 9 Thus, the Mecenas case applies, private respondents should be
in J.M. Tuason v. Mariano, supra, this Court relied on its allowed to claim only P43,857.14 each as moral damages
rulings in other cases involving different parties in because in the Mecenas case, the amount of P307,500.00
sustaining the validity of a land title on the principle was awarded to the seven children of the Mecenas couple.
of "stare decisis et non quieta movere." Under petitioner's formula, Ramon Miranda should receive
P43,857.14, while the De la Victoria spouses should receive
Indeed, the evidence presented in this case was the same as P97,714.28.
those presented in the Mecenas case, to wit:

4
Here is where the principle of stare decisis does not apply in teacher at 65, hence her loss of earning capacity should be
view of differences in the personal circumstances of the reckoned up to 17.33 years only.
victims. For that matter, differentiation would be justified
even if private respondents had joined the private The accepted formula for determining life expectancy is 2/3
respondents in the Mecenas case. The doctrine of stare multiplied by (80 minus the age of the deceased). It may be
decisis works as a bar only against issues litigated in a that in the Philippines the age of retirement generally is 65
previous case. Where the issue involved was not raised nor but, in calculating the life expectancy of individuals for the
presented to the court and not passed upon by the court in purpose of determining loss of earning capacity under Art.
the previous case, the decision in the previous case is not 2206(1) of the Civil Code, it is assumed that the deceased
stare decisis of the question presently presented. 16 The would have earned income even after retirement from a
decision in the Mecenas case relates to damages for which particular job. In this case, the trial court took into account
petitioner was liable to the claimants in that case. the fact that Mrs. Miranda had a master's degree and a good
prospect of becoming principal of the school in which she
In the case at bar, the award of P300,000.00 for moral was teaching. There was reason to believe that her income
damages is reasonable considering the grief petitioner would have increased through the years and she could still
Ramon Miranda suffered as a result of the loss of his entire earn more after her retirement, e.g., by becoming a
family. As a matter of fact, three months after the collision, consultant, had she not died. The gross earnings which Mrs.
he developed a heart condition undoubtedly caused by the Miranda could reasonably be expected to earn were it not
strain of the loss of his family. The P100,000.00 given to for her untimely death was, therefore, correctly computed by
Mr. and Mrs. de la Victoria is likewise reasonable and the trial court to be P218,077.92 (given a gross annual
should be affirmed. income of P10,224.00 and life expectancy of 21.33 years).

As for the amount of civil indemnity awarded to private Petitioner contends that from the amount of gross earnings,
respondents, the appellate court's award of P50,000.00 per 60% should be deducted as necessary living expenses, not
victim should be sustained. The amount of P30,000.00 merely 30% as the trial court allowed. Petitioner contends
formerly set in De Lima v. Laguna Tayabas Co., 17 Heirs of that 30% is unrealistic, considering that Mrs. Miranda's
Amparo delos Santos v. Court of Appeals, 18 and Philippine earnings would have been subject to taxes, social security
Rabbit Bus Lines, Inc. v. Intermediate Appellate Court 19as deductions and inflation.
benchmark was subsequently increased to P50,000.00 in the
case of Sulpicio Lines, Inc. v. Court of Appeals, 20which We agree with this contention. In Villa-Rey Transit,
involved the sinking of another interisland ship on October Inc. v. Court of Appeals, 23 the Court allowed a deduction of
24, 1988. P1,184.00 for living expenses from the P2,184.00 annual
salary of the victim, which is roughly 54.2% thereof. The
We now turn to the determination of the earning capacity of deceased was 29 years old and a training assistant in the
the victims. With respect to Ardita Miranda, the trial court Bacnotan Cement Industries. In People v. Quilation, 24 the
awarded damages computed as follows: 21 deceased was a 26-year old laborer earning a daily wage.
The court allowed a deduction of P120,000.00 which was
In the case of victim Ardita V. Miranda whose age 51.3% of his annual gross earnings of P234,000.00.
at the time of the accident was 48 years, her life In People v. Teehankee, 25 the court allowed a deduction of
expectancy was computed to be 21.33 years, and P19,800.00, roughly 42.4% thereof from the deceased's
therefore, she could have lived up to almost 70 annual salary of P46,659.21. The deceased, Maureen
years old. Her gross earnings for 21.33 years based Hultman, was 17 years old and had just received her first
on P10,224.00 per annum, would be P218,077.92. paycheck as a secretary. In the case at bar, we hold that a
Deducting therefrom 30% as her living expenses, deduction of 50% from Mrs. Miranda's gross earnings
her net earnings would be P152,654.55, to which (P218,077.92) would be reasonable, so that her net earning
plaintiff Ramon Miranda is entitled to capacity should be P109,038.96. There is no basis for
compensatory damages for the loss of earning supposing that her living expenses constituted a smaller
capacity of his wife. In considering 30% as the percentage of her gross income than the living expenses in
living expenses of Ardita Miranda, the Court takes the decided cases. To hold that she would have used only a
into account the fact that plaintiff and his wife were small part of her income for herself, a larger part going to
supporting their daughter and son who were both the support of her children would be conjectural and
college students taking Medicine and Law unreasonable.
respectively.
As for Elfreda de la Victoria, the trial court found that, at the
In accordance with the ruling in Villa-Rey Transit, time of her death, she was 26 years old, a teacher in a
Inc. v. Court of Appeals, 22 we think the life expectancy of private school in Malolos, Bulacan, earning P6,192.00 per
Ardita Miranda was correctly determined to be 21.33 years, annum. Although a probationary employee, she had already
or up to age 69. Petitioner contends, however, that Mrs. been working in the school for two years at the time of her
Miranda would have retired from her job as a public school death and she had a general efficiency rating of 92.85% and
it can be presumed that, if not for her untimely death, she

5
would have become a regular teacher. Hence, her loss of 26, 1982, p. 6) and plaintiffs-appellees spouses
earning capacity is P111,456.00, computed as follows: Dela Victoria (TSN, August 13, 1981, p. 43).
Considering the amount of work and effort put into
net earning = life x gross less reasonable the case as indicated by the voluminous transcripts
of stenographic notes, we find no reason to disturb
the award of P40,000.00 for plaintiff-appellee
capacity (x) expectancy annual & necessary
Ramon Miranda and P15,000.00 for plaintiffs-
appellees Dela Victoria spouses. 27
income living expenses
The award of exemplary damages should be increased to
(50%) P300,000.00 for Ramon Miranda and P100,000.00 for the de
la Victoria spouses in accordance with our ruling in
x = [2(80-26)] x [P6,192.00 - the Mecenas case:
P3,096.00]
Exemplary damages are designed by our civil law
to permit the courts to reshape behaviour that is
socially deleterious in its consequence by creating
3 negative incentives or deterrents against such
behaviour. In requiring compliance with the
= 36 x 3,096.00 standard of extraordinary diligence, a standard
which is in fact that of the highest possible degree
of diligence, from common carriers and in creating
= P111,456.00
a presumption of negligence against them, the law
seeks to compel them to control their employees, to
On the other hand, the award of actual damages in the tame their reckless instincts and to force them to
amount of P23,075.00 was determined by the Court of take adequate care of human beings and their
Appeals on the basis receipts submitted by private property. The Court will take judicial notice of the
respondents. This amount is reasonable considering the dreadful regularity with which grievous maritime
expenses incurred by private respondent Miranda in disasters occur in our waters with massive loss of
organizing three search teams to look for his family, life. The bulk of our population is too poor to
spending for transportation in going to places such as afford domestic air transportation. So it is that
Batangas City and Iloilo, where survivors and the bodies of notwithstanding the frequent sinking of passenger
other victims were found, making long distance calls, vessels in our waters, crowds of people continue to
erecting a monument in honor of the four victims, spending travel by sea. This Court is prepared to use the
for obituaries in the Bulletin Today and for food, masses and instruments given to it by the law for securing the
novenas. ends of law and public policy. One of those
instruments is the institution of exemplary
Petitioner's contention that the expenses for the erection of a damages; one of those ends, of special importance
monument and other expenses for memorial services for the in an archipelagic state like the Philippines, is the
victims should be considered included in the indemnity for safe and reliable carriage of people and goods by
death awarded to private respondents is without merit. sea. 28
Indemnity for death is given to compensate for violation of
the rights of the deceased, i.e., his right to life and physical WHEREFORE, the decision of the Court of Appeals is
integrity. 26 On the other hand, damages incidental to or AFFIRMED with modification and petitioner is ORDERED
arising out of such death are for pecuniary losses of the to pay private respondents damages as follows:
beneficiaries of the deceased.
To private respondent Ramon Miranda:
As for the award of attorney's fees, we agree with the Court
of Appeals that the amount of P40,000.00 for private
P23,075.00 for actual damages;
respondent Ramon Miranda and P15,000.00 for the de la
Victoria spouses is justified. The appellate court correctly
held: P109,038.96 as compensatory
damages for loss of
earning capacity of his wife;
The Mecenas case cannot be made the basis for
determining the award for attorney's fees. The
award would naturally vary or differ in each case. P150,000.00 as compensatory
While it is admitted that plaintiff-appellee Ramon damages for wrongful
Miranda who is himself a lawyer, represented also death of three (3) victims;
plaintiffs-appellees Dela Victoria spouses, we note
that separate testimonial evidence were adduced by P300,000.00 as moral damages;
plaintiff-appellee Ramon Miranda (TSN, February
6
 P300,000.00 as exemplary
damages, all in the total
amount of P882,113.96; and

P40,000.00 as attorney's fees.

To private respondents Spouses Ricardo and Virginia de la

Victoria:

P12,000.00 for actual damages;

P111,456.00 as compensatory
damages for loss of
earning capacity;

P50,000.00 as compensatory
damages for wrongful
death;

P100,000.00 as moral damages;

P100,000.00 as exemplary
damages, all in the total
amount of P373,456.00; and

P15,000.00 as attorney's fees.

Petitioners are further ordered to pay costs of suit.

In the event the Philippine National Oil Company and/or the

PNOC Shipping and Transport Corporation pay or are
required to pay all or a portion of the amounts adjudged,
petitioner Negros Navigation Co., Inc. shall reimburse either
of them such amount or amounts as either may have paid,
and in the event of failure of Negros Navigation Co., Inc., to
make the necessary reimbursement, PNOC and/or
PNOC/STC shall be entitled to a writ of execution without
need of filing another action.

SO ORDERED.