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J)htintifl'. aud
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V L. ~. DECE.M.BE~
I\. J7 1
, 965
'
Canulf, et at. 1Js. Dub t
~-
u. 0 8, et al.
919
. .
.
hQuiterio Dabatos is finally senteneed to mdemnify
ptamtdfs m th e hamount of P3,000.00 as moral damages, f or the
mental angu1s t ey had suffered due to the loss of tw0 embe
of their family. He shall also pay the costs.
m
rs
"Defendant Antonio Dabatos, patron of the motor boat TEDDY
iJ hereby sentenced to reimburse his co-defendant Quiterio Dabatos
whatever damages are paid by the latter to the plaintiff by way
ot damages.
"Inasmuch as the other defendants Rufino Sampayan, Armando
Cutamora, Roberto Octura, Rizal Racaza, Teofilo Abapo, Cirilo Maearaya, Arturo Dabatos and Felix Cabafiero were but emp'loyees
under the control of the patron, Antonio Dabatos, the Court hereby
relieves them from whatever responsibility and, as a corollary, they
are absolved from the complaint, without special pronouncement as
j
to C!Oitl.,
O'lnl84
a a
920
-----=-fi
Ca all,
to 19fir:
.
ation pr1or
,v. J11 th at YN~ r I ut,r,, 1t WUH tp
m. oper or the fir t time. On N ovom b r I O, Ivr,g 011 ~J dl
paucdbi t .. lied "Purim" wus topa irod, how vt , cc mt rnty
of the on c.l
, .
Q 'l . J
tafe Bohol t
t
eo we passed by Cnlnnm~nn, '''
(pp: 91_92 to pas)s he night because ther wntt n hm trliu.''
ro
, .s.n.
VOL. 8, DECEMBER
-
--
17, 1965
Db - -
921
a atos, et al. - -
mlSSJOn o o
your anca TEDDY beca
h
? A y
(
use s e was a
shipper es. p. 117 t.s.n.) After the cargoes had
been loaded the ~oat started the trip at about 3 :30 o'clock
of that day. Aside from the members of the crew there
were also thirte.en pas~engers on board the boat, among~
them, EncarnaciOn Canas and her son, Diosdado Canas.~
Denying that the thirteen persons in the boat were paying
passengers, Antonio declared at first that said persons
"requested me that they would go to Cebu", but "I refused
IDd turned down their request because that banca was not
a passenger banca.", and "Although they listened they did
not go away." On this point, regarding the presence of
those persons in the boat, Teofi.1o Abapo in charge of the
administration of the boat or in charge of the trip, a witness
for the defendants, gave a version insinuating that the
thirteen persons had surreptitiously boarded the boat. To
fJUOte from Abapo's testimony-"Q. Why were they able
to board your boat to ride your boat, if you were not
aM,
? A
We did not allow them
IICIUWed to carry passengers .
. .
to board the banca and they did not even secure per~Iss~~n
h
b t hen we were there m e
otn Antonio Dabatos, u w, * * A. I did not know
banca they were already there. b they were already
1Vhy because when we reached the . ~nc~abatos on further
1
there:" (pp. 144-145, t.s.n.) An:~; ~hat the thirteen per"-tlons to him declare~, ho.we no~Iedge and consent, beSOns Were in the boat with his k
h'
of some of the
cause Encarnacion Canas was the s Ipper
--------
Jib
a atoll, et al.
923
,Hhat
was .the pressure at 7 .. 00 0 ,clock .
n
_.. t004.4 millibars. Q. And Whe m the morning?
~t-. that means that there is depr .n the fig.ll'e is u e
tJllS
B
ess10n? A y
y
J{onor, ATTY. ~CALTOS CONTINUES: Q .. . . e ' our
ce with Exh1b1t 3, can you enlighten
ow, m ac:e.ordJilf Cebu was affected with this atmos h e .Court -''hat p~
o
h.
. d th
P enc pres.sur'".,
puring t IS periO
e typhoon, or, we call tba . - . . ....._
fla1'P.Jl struck the southern part of Ceb
tt deprer:...sl.(ln,
~- h
u a about 800
'cloCk m t e next
mormng and ' accor,1;to the pressure
uut.g
reading ?e~e, 1t wa~ ver; clo~ to the province of ~bu
1JeC8USe 1t IS yet 7.00 o clock m the morning and Geb
was bit at abou.t 8:00 o'clock in the morning. * * Conrr~
Q. How about In J etafe, Bohol what is the effec.-t of tMt
dePression? A. The weather condition there must be -ra-y
bad already because it had an earlier period affected than
In Cebu because it is located in t he East side of our localit-; Q. Do you have any observation of the end oft~~
~tart ? A. This observatio-n started at 8:00 c/ cwek in the
1110f"ning of Apri~ 21 , 1960 and ended 7:00 r/ cwek in the
fiU11'fling the following day, fo r thie record sheet of April
11." (pp. 28, 29, 30, 31 and 32, t .s.n., June 5, 1962.) " Q.
What was the pressure in your observation? A. StiU th.e
'""ure is dropping. Q. Where is this shown in Exhibit
"A. This is at 12:30 noon, local time, of Apn121. Here
II ODiy inches. Q. Now, bow long such depression
lilted? A. The whole day ; the effects of t~ lasted the
,.,-.u day until signs of depression begin to lmpro:;) ~e
day." (pp. 35, 36, 37 and 38, t.s.nB., ~ 1 ..
ba
.d
as to what tow'lls of o o mJOD
ve any I. ea .
\\.eather Bureau is con81 your experience m t~~tted lines? A. Well, I am
are affected
tbes? he towns but in the genermuch acquainted wJth td a little north of TagbiIIIJ)ect the distur bance ~asse its course. Q. Can yon
and South of Cebu Clty on area from Tagbilaran
us as to the coverage or ? A In this scale
hoon Karen
.
1
affected bY typ
.
the statute ID.lles. -.tan be determined by usmg
1\
th . .
?Y
24
'ac
my
VOL. 8, DECEl\1:BE
~---
,...,-
Canas, et al -;;8
Rl719 65
D ab t
'
92S
h
d
'
Ig,
the
Wind
'
the ram was ar . ' (p. 97 t
)
was strong and'
capsized all the persons. wer~ t~~wn 'Y'hen the boat had
six (6) of the passengers have P . h mto the water, and
carnaeion Canas and Diosdado C e~Is ed, among them Enl . .
anas.
In c atmmg exculpation for the d th
,.,as
and Diosdado Canas a d . ea . . of Encarnacion
\J4IU
,
n m assru
h d .
tile appellants have assigned two erro c t ed' ecision,
the court erred
in holding that the thirte' on n m~ that
d
ersons m the
boat, exc1u mg the crew members, were carried as passengers, and that the appellants were guilty of gross negligence.
~there is no debate as to the fact that not one of the
itirieen passengers have paid an amount of money as fare
:fGr their conveyance from Hingotanan to Cebu. The undisputed fact, however, is that all of them were in the
boat with the knowledge and consent of the patron. The
eleven passengers, other than Encarnacion and Diosdado,
were in the boat 'because they have helped in loading the
cartoes in the boat, and "to serve as cargadores of the
CVgoes", presumably, in unloading them at the ~lace of
Mblation. For those services they we~e ~ern~Itted to
be the boat and to proceed to their destmatl.on m .ceb~.
'111.:..
tracts
.\
rt
l !H.
n crhrtlrm,
I rrl .
11
"-
tM
~~ I
.... FOl' thOle arlslnar b:r rtcuon of u mleuso oC vowcl'K nnd non~j ol dutltl oorr.apondlnr to him ln nc<'ordtut<o with Articl(!l
llt,., (See
f~ the fact
nlJ.)
and
do ao.
lab..,
VOL. 8, DECEMBER
- - - --- - -
Canas, et al
17, 1965
929
---
.
'
.s an act of God
proxiJnate cause of t?e ~::e~essarilY exposed
is liable if the captain