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Sulpicio Line, Inc. Vs. Domingo E. Curso, et al.

SULPICIO LINES, INC., Petitioner, versus DOMINGO E. CURSO, LUCIA E. CURSO, MELECIO E. CURSO, SEGUNDO E. CURSO, VIRGILIO E. CURSO, DIOSDADA E. CURSO, and CECILIA E. CURSO, Respondents.

G.R. No. 157009 | 2010-03-17

D E C I S I O N


BERSAMIN, J.:

Are the surviving brothers and sisters of a passenger of a vessel that sinks during a voyage entitled to recover moral damages from the vessel owner as common carrier?

This is the question presented in the appeal taken by the common carrier from the reversal by the Court of Appeals (CA) of the decision of the Regional Trial Court (RTC) dismissing the complaint for various damages filed by the surviving brothers and sisters of the late Dr. Cenon E. Curso upon a finding that force majeure had caused the sinking. The CA awarded moral and other damages to the surviving brothers and sisters.

Antecedents

On...