Petitioner
Suplicio Lines
Respondent
The Honorable Court of Appeals
Citation
G.R. No. 113578
Court
Supreme Court
Division
First Division
Ponente
Quiason, J.
Decided
July 14, 1995

Summary

This case involves the tragic sinking of M/V Dona Marilyn during Typhoon Unsang on October 24, 1988, resulting in the death of 3-year-old Jennifer Anne Tabuquilde and loss of passenger baggage. The Supreme Court found Suplicio Lines liable for gross negligence in proceeding with the voyage despite storm warnings. The Court affirmed damages for wrongful death, moral damages, exemplary damages, and attorney's fees, but deleted actual damages for lost baggage due to insufficient proof. The decision emphasized the extraordinary diligence required of common carriers and the Court's commitment to using exemplary damages to promote maritime safety in the Philippines. The death indemnity was increased from P30,000 to P50,000 consistent with prevailing jurisprudence, highlighting the legal framework protecting passengers under the Civil Code provisions on common carrier obligations.

Statutes applied

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By Intellegal Editorial Board · July 14, 1995

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