- Petitioner
- Delsan Transport Lines
- Respondent
- C & A Construction
- Citation
- G.R. No. 156034
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Ynares-Santiago, J.
- Decided
- October 1, 2003
Summary
This case involves a maritime collision during typhoon 'Katring' where M/V Delsan Express, owned by Delsan Transport Lines, struck a deflector wall constructed by C & A Construction, causing P456,198.24 in damages. The Supreme Court affirmed the Court of Appeals' finding that the ship's captain was negligent for failing to seek shelter immediately after receiving a typhoon warning at midnight, waiting instead until 8:35 AM when harbors were already congested. The Court rejected the emergency rule defense since the emergency was caused by the captain's own negligence. Under Article 2180 of the Civil Code, Delsan Transport Lines was held vicariously liable for its employee's negligence, having failed to prove due diligence in supervision. The case establishes important precedents on maritime negligence standards and employer liability for employee negligence in emergency situations.