- Petitioner
- Sealoader Shipping Corporation
- Respondent
- Grand Cement Manufacturing Corporation
- Citation
- G.R. No. 167363
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Leonardo-De Castro, J.
- Decided
- December 15, 2010
Summary
This consolidated case involves liability for wharf damage during Typhoon Bising when Sealoader's barge D/B Toploader rammed Grand Cement's wharf after towing lines snapped. The RTC found Sealoader and Joyce Launch negligent for failing to take storm precautions, lacking proper communication equipment, and not requesting release of mooring lines. The Court of Appeals initially affirmed but later found Grand Cement contributorily negligent, reducing damages by 50%. The Supreme Court reversed, finding Sealoader solely liable due to negligent weather monitoring, contradictory crew statements, and failure to properly secure vessel departure. The Court rejected Grand Cement's contributory negligence as unproven, reinstating full damage award of P2,362,358.20 plus attorney's fees and costs, emphasizing vessel operators' primary duty for maritime safety precautions.