Vasquez v. CA

138 SCRA 553


Facts: Petitioners lost their children in a shipwreck involving the vessel of private respondent when it sailed despite a typhoon.


Issue: 1) W/n it is a fortuitous event

2) W/n respondents are liable


HELD:

1) No. It is not a caso fortuito. The elements to consider in sustaining a case of caso fortuito are the ff: 1) the event must be independent of the human will, 2) the occurrence must render it impossible for the debtor to fulfill the obligation in a normal manner, 3) the obligor must be free of participation in, aggravation of, the injury to the creditor,

2) Petitioners are liable as it is not a caso fortutito. There is no caso fortuito when the ship captain proceeded en route despite a typhoon advice close to the area where the vessel will pass. Moreover, the Board of Marine’s inquiry conclusion that the ship captain was not negligent is not binding on the Court when said finding is not complete. The liability of the ship owner also extends to the value of vessel and the insurance proceeds thereon.