document32

STARE DECISIS NEGROS NAVIGATION CO. vs COURT OF APPEALS G.R. No. 110398 November 7, 1997 Facts: In April of 1980, private respondent Ramon Miranda purchased from the Negros Navigation Co., Inc. four special cabin tickets (#74411, 74412, 74413 and 74414) for his wife, daughter, son and niece who were going to Bacolod City to attend a family reunion. The tickets were for Voyage No. 457-A of the M/V Don Juan, leaving Manila at 1:00 p.m. on April 22, 1980. The ship sailed from the port of Manila on schedule. At about 10:30 in the evening of April 22, 1980, the Don Juan collided off the Tablas Strait in Mindoro, with the M/T Tacloban City, an oil tanker owned by the Philippine National Oil Company (PNOC) and the PNOC Shipping and Transport Corporation (PNOC/STC). As a result, the M/V Don Juan sank. Several of her passengers perished in the sea tragedy. The bodies of some of the victims were found and brought to shore, but the four members of private respondents’ families were never found. Private respondents filed a complaint on July 16, 1980 in the Regional Trial Court of Manila, Branch 34, against the Negros Navigation, the Philippine National Oil Company (PNOC), and the PNOC Shipping and Transport Corporation (PNOC/STC), seeking damages for the death of Ardita de la Victoria Miranda, 48, Rosario V. Miranda, 19, Ramon V. Miranda, Jr., 16, and Elfreda de la Victoria, 26. In its answer, petitioner admitted that private respondents purchased ticket numbers 74411, 74412, 74413 and 74414; that the ticket numbers were listed in the passenger manifest; and that the Don Juan left Pier 2, North Harbor, Manila on April 22, 1980 and sank that night after being rammed by the oil tanker M/T Tacloban City, and that, as a result of the collision, some of the passengers of the M/V Don Juan died. Petitioner, however, denied that the four relatives of private respondents actually boarded the vessel as shown by the fact that their bodies were never recovered. Petitioner further averred that the Don Juan was seaworthy and manned by a full and competent crew, and that the collision was entirely due to the fault of the crew of the M/T Tacloban City.

Upload: jhenjhen-ganda

Post on 28-Aug-2015

213 views

Category:

Documents

0 download

Report

Download

Embed Size (px):

DESCRIPTION

TRANSCRIPT

STARE DECISIS

NEGROS NAVIGATION CO. vs COURT OF APPEALSG.R. No. 110398November 7, 1997

Facts:In April of 1980, private respondent Ramon Miranda purchased from the Negros Navigation Co., Inc. four special cabin tickets (#74411, 74412, 74413 and 74414) for his wife, daughter, son and niece who were going to Bacolod City to attend a family reunion. The tickets were for Voyage No. 457-A of the M/VDon Juan, leaving Manila at 1:00 p.m. on April 22, 1980. The ship sailed from the port of Manila on schedule.

At about 10:30 in the evening of April 22, 1980, theDon Juancollided off the Tablas Strait in Mindoro, with the M/TTacloban City, an oil tanker owned by the Philippine National Oil Company (PNOC) and the PNOC Shipping and Transport Corporation (PNOC/STC).As a result, the M/VDon Juansank. Several of her passengers perished in the sea tragedy.The bodies of some of the victims were found and brought to shore, but the four members of private respondents families were never found.

Private respondents filed a complaint on July 16, 1980 in the Regional Trial Court of Manila, Branch 34, against the Negros Navigation, the Philippine National Oil Company (PNOC), and the PNOC Shipping and Transport Corporation (PNOC/STC), seeking damages for the death of Ardita de la Victoria Miranda, 48, Rosario V. Miranda, 19, Ramon V. Miranda, Jr., 16, and Elfreda de la Victoria, 26. In its answer, petitioner admitted that private respondents purchased ticket numbers 74411, 74412, 74413 and 74414; that the ticket numbers were listed in the passenger manifest; and that theDon Juanleft Pier 2, North Harbor, Manila on April 22, 1980 and sank that night after being rammed by the oil tanker M/TTacloban City, and that, as a result of the collision, some of the passengers of the M/VDon Juandied.Petitioner, however, denied that the four relatives of private respondents actually boarded the vessel as shown by the fact that their bodies were never recovered.Petitioner further averred that theDon Juanwas seaworthy and manned by a full and competent crew, and that the collision was entirely due to the fault of the crew of the M/T Tacloban City.

LogiCORE IP AXI Protocol Checker v1 - Xilinx · 32 3 32 16 1210 856 32 3 32 0 1119 766 32 3 2 16 623 564 32 3 2 0 532 474 32 0 32 16 672 590 32 0 32 0 583 500 32 0 2 16 574 526 32

3NL-32 / 3NI-32 / 3PLN-32 ROOF DECK GRADE 50 … Roof...3Nx-32 GR50 | DECEMBER 2018 3NL-32 / 3NI-32 / 3PLN-32 ROOF DECK • 3NL-32 Deck Used With Sidelap Screws • 3NI-32 Deck Used

Foras Cultuir Gaeil Aontuighthe United Irish Cultural ... · — Molly Fitzpatrick, Co-Chairperson. 32/50 Club 32/50 Club. 32/50 Club 32/50 Club. 32/50 Club 32/50 Club. 32/50 Club

· Barlow Kelly Davis Armstrong Shackleton Sauer ... 32. 32. 32. 32. 32. 33. 33. 33. 33. 33. 33. 34. ... Winch Owen Broe Kratovchil Cribb Horn (F)

32 page 32 gardellas

ZS km 6,230 Z Z Z 3RQWRQRYp =6 2400 m2...PE/32 PE/32 PE/32 PE/32 PE/32 PE/32 PE/32 PE/32 PE/32 PE/32 PE/32 PE/32 PE/32 PE/32 PE/32 PE/32 PE/32 PE/32 PE/32 PE/32 PE/32 PE/32 PE/32 PE/32

Maximum Frequency Per Day Code List - UHCprovider.com...D2712 32 D5866 15 D7240 6 D9941 1 D2720 32 D5867 32 D7241 6 D9942 2 D2721 32 D5875 32 D7250 32 D9943 1 D2722 32 D5876 2 D7251

INSTALLATION INSTRUCTIONS - Westin Automotive...2016-2018 Chevrolet Silverado 1500 2016-2018 GMC Sierra 1500 PART NUMBER: 32-3870, 32-3875, 32-3870L, 32-3875L, 32-3920, 32-3925. PROCEDURE

Red Hat Enterprise Linux 6 · ... and agrees not to assert, ... Soporte de árbol de intervalos para procesadores Intel Xeon v3 and v4 core ... 32 32 32 32 32 32 32 32 32 34 35 36

Nel& 32 Photos& 32 Superbes

Elasticity 32 of 32 Demand 1

KOLVER 01 - NEUMATICA · 085 LxØ mm. 255 32 255 32 267 38 255 x 32 255 x 32 267 x 38 255 x 32 255 x 32 267 x 38 255 32 255 32 ... Nive de ruido: dB(A), Vibración: Par Nm. Par Nm