G.R. No.

L-17690             June 14, 1922

YU BIAO SONTUA & CO., plaintiff-appellee,

vs.
MIGUEL J. OSSORIO, defendant-appellant.

DOCTRINE: Civil Liability of Captain

Facts:

On March 13, 1920, a fire broke out on board the motor boat Alfonso in Pasig River, Manila,
and quickly spread to the steamer Y. Sontua, causing damages to her deck in the amount of
P67,400. The owner of the Y. Sontua, a partnership, sued the owner and agent of the Alfonso,
seeking to recover the damages on the ground of negligence. The defendant denied the
allegations and contended that he had no involvement in the incident. However, the court
found that the loading of over 8,000 cases of gasoline and petroleum without permission from
customs authorities and the use of straps to load them, causing damage and leakage, led to an
accumulation of gases that ignited, resulting in the explosion and fire. The court held that the
fire was the inevitable result of the negligence of the persons in charge of the Alfonso and
found the defendant liable for damages.

Issue:

Whether the defendant is liable for the damages sustained by the plaintiff due to the fire
caused by the negligence of the persons in charge of the Alfonso.

Ruling:

Yes, the defendant is liable for the damages sustained by the plaintiff due to the fire caused by
the negligence of the persons in charge of the Alfonso.

The loading of thousands of cases of gasoline and petroleum without permission from customs
authorities and the use of straps to load them caused damage and leakage, leading to an
accumulation of gases that ignited, resulting in the explosion and fire. Expert testimony
established that such a leakage was inevitable and that the gases could ignite upon contact with
a spark or upon the temperature being sufficiently raised. The court found that the fire was the
inevitable result of the negligence of the persons in charge of the Alfonso, who loaded the
hazardous materials in a reckless manner. The defendant was held liable for damages due to
the negligence of his agents and employees.

Civil Liability of Captain (Art. 618 Code of Commerce)

ARTICLE 618. The captain shall be civilly liable to the ship agent, and the latter to the third persons who may have
made contracts with the former; 1. For all the damages suffered by the vessel and its cargo by reason of want of skill
or negligence on his part. If a misdemeanor or crime has been committed, he shall be liable in accordance with the
Penal Code. 2. For all the thefts committed by the crew, reserving his right of action against the guilty parties. 3.
For the losses, fines, and confiscations imposed an account of violation of customs, police, health, and navigation
laws and regulations. 4. For the losses and damages caused by mutinies on board the vessel or by reason of faults
committed by the crew in the service and defense of the same, if he does not prove that he made timely use of all his
authority to prevent or avoid them. 5. For those caused by the misuse of the powers and the non-fulfillment of the
obligations pertaining to him in accordance with Articles 610 and 612. 6. For those arising by reason of his going
out of his course or taking a course which he should not have taken without sufficient cause, in the opinion of the
officers of the vessel, at a meeting with the shippers or supercargoes who may be on board. No exceptions
whatsoever shall exempt him from this obligation. 7. For those arising by reason of his voluntarily entering a port
other than that of his destination, outside of the cases or without the formalities referred to in Article 612. 8. For
those arising by reason of non-observance of the provisions contained in the regulations on situation of lights and
maneuvers for the purpose of preventing collisions.