Beruflich Dokumente
Kultur Dokumente
107518, October
8, 1998
FACTS:
September 21, 1977 early morning: M/V Maria Efigenia XV, owned by Maria Efigenia
Fishing Corporation on its way to Navotas, Metro Manila collided with the vessel
Petroparcel owned by the Luzon Stevedoring Corporation (LSC)
Board of Marine Inquiry, Philippine Coast Guard Commandant Simeon N. Alejandro
found Petroparcel to be at fault
Maria Efigenia sued the LSC and the Petroparcel captain, Edgardo Doruelo praying for
an award of P692,680.00 representing the value of the fishing nets, boat equipment and
cargoes of M/V Maria Efigenia XV with interest at the legal rate plus 25% as attorneys
fees and later on amended to add the lost value of the hull less the P200K insurance
and unrealized profits and lost business opportunities
During the pendency of the case, PNOC Shipping and Transport Corporation sought to
be substituted in place of LSC as it acquired Petroparcel
Lower Court: against PNOC ordering it to pay P6,438,048 value of the fishing boat
with interest plus P50K attorney's fees and cost of suit
CA: affirmed in toto
ISSUE: W/N the damage was adequately proven
HELD: YES. affirming with modification actual damages of P6,438,048.00 for lack of
evidentiary bases therefor. P2M nominal damages instead.