• • (round trip to corregidor, capsized, starboard) • • Sarkies tours advertised a Corregidor tour • • Sps. Dizon bought 6 roundtrip tickets for their family • • They were issued receipts bearing the “Sarkies”brand • • The MV Edisco boat was an oversized motorized banca owned by Julian Mendoza • • After the tour ended, the boat was on its way back to manila, but it capsized when it leaned starboard (right side) and the chairs slid • • One of the children died • • The Sps. sued both Sarkies and Mendoza • • RTC only held Mendoza liable, since he was the carrier; RTC said Sarkies was merely an agent • • CA reversed, held BOTH Sarkies and Mendoza liable • • CA awarded P100,000 moral and P50,000 exemplary damages • • Sarkies appeals the award of moral and exemplary damages