Petitioner
Vicente Verzosa
Respondent
Silvino Lim
Citation
G.R. No. 20145
Court
Supreme Court
Division
Second Division
Ponente
Street, J.
Decided
November 15, 1923

Summary

This maritime collision case arose when coastwise vessels Ban Yek and Perla collided at Malbong bend of Bicol River on March 9, 1921. The Supreme Court reversed the trial court's dismissal, finding Ban Yek exclusively liable for the collision. The Court established that Perla had right of way under navigation rules as the vessel traveling with the current, and that Ban Yek's failure to respond to Perla's signal constituted acquiescence to this arrangement. The Court rejected Ban Yek's defenses regarding vessel size and local navigation practices, emphasizing that navigation officers must assume other vessels will follow prescribed regulations. Both the vessel owner and shipping agent were held jointly and severally liable under maritime law, with damages awarded at P17,827 for actual repair costs, though speculative lost earnings were denied.

Statutes applied

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By Intellegal Editorial Board · November 15, 1923

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