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1. Sarkies Tours v.

IAC, 124 SCRA 588


• • (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

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