342 SCRA 213 – Conflict of Laws – Private International Law – Proof of Foreign

Law

In the Orinoco River in Venezuela, it is a rule that ships passing through it

must be piloted by pilots familiar to the river. Hence, in 1988 Captain Nicandro
Colon, master of Philippine Roxas, a ship owned by Philippine President Lines,
Inc. (PPL), obtained the services of Ezzar Vasquez, a duly accredited pilot in
Venezuela to pilot the ship in the Orinoco River. Unfortunately, Philippine
Roxas ran aground in the Orinoco River while being piloted by Vasquez. As a
result, the stranded ship blocked other vessels. One such vessel was owned
Wildvalley Shipping Co., Ltd. (WSC). The blockade caused $400k worth of
losses to WSC as its ship was not able to make its delivery. Subsequently, WSC
sued PPL in the RTC of Manila. It averred that PPL is liable for the losses it
incurred under the laws of Venezuela, to wit: Reglamento General de la Ley de
Pilotaje and Reglamento Para la Zona de Pilotaje N o 1 del Orinoco. These two
laws provide that the master and owner of the ship is liable for the negligence
of the pilot of the ship. Vasquez was proven to be negligent when he failed to
check on certain vibrations that the ship was experiencing while traversing the
river.

ISSUE: Whether or not Philippine President Lines, Inc. is liable under the said
Venezuelan laws.

HELD: No. The two Venezuelan Laws were not duly proven as fact before the
court. Only mere photocopies of the laws were presented as evidence. For a
copy of a foreign public document to be admissible, the following requisites are
mandatory:

(1) It must be attested by the officer having legal custody of the records or by
his deputy; and

(2) It must be accompanied by a certificate by a secretary of the embassy or

legation, consul general, consul, vice consular or consular agent or foreign
service officer, and with the seal of his office.

And in case of unwritten foreign laws, the oral testimony of expert witnesses is
admissible, as are printed and published books of reports of decisions of the
courts of the country concerned if proved to be commonly admitted in such
courts.

Failure to prove the foreign laws gives rise to processual presumption where
the foreign law is deemed to be the same as Philippine laws. Under Philippine
laws, PPL nor Captain Colon cannot be held liable for the negligence of
Vasquez. PPL and Colon had shown due diligence in selecting Vasquez to pilot
the vessel. Vasquez is competent and was a duly accredited pilot in Venezuela
in good standing when he was engaged.