Nikka Bianca Remulla 1980 Bar Question Question No.

16 Vessels U and V collided with each other causing damage to both vessels. Vessel U had the last clear chance to avoid the collision but failed to do so. 1) Is the doctrine of last clear chance enhance in tort applicable to collisions of vessels at sea under the code of commerce? Which vessel should shoulder liability for the damage suffered by both vessels and the cargo? 2) Assume that the negligence of the captain of vessel U was the proximate cause of the collision, while the negligence of vessel V was merely contributory. To which vessel should the collision be deemed imputable. Answer 1. The doctrine of last clear chance in torts is not applicable to collisions of vessels at sea under the code of commerce, and the case is deemed as if the collision is imputable to both vessels; thus, each one of the vessels shall suffer her own damage, and both shall be solidarily liable for the damages occasioned to their cargoes (See Arts. 827 & 828, Code of Commerce; C.B. Williams v. Yangco, 27 Phil. 68; Sarasota v. Sontua, 47 Phil. 365) 2. The collision shall be deemed imputable also to both vessels as in the preceding answer to No. (1) Question. Since the doctrine of contributory negligence in torts is not also applicable to collisions of vessel at sea under the code of commerce, the case is deemed as if the collision is imputable to both vessels (See Arts. 827 & 828, Code of Commerce; Govt of P.I. v. Phil Steamship Co. Inc., 44 Phil. 359),