Sarkies Tours vs. CA Sarkies Tours Phils., Inc. (SARKIES, for short) advertised in the newspapers its tour to Corregidor on Independence Day, for a fee of "P10.00 per person including: a) boat fare - Manila-Corregidor-Manila b) shrine fee and c) tour of Corregidor Island by bus." The Dizon spouses bought 6 tickets consisting of blue and white tickets. The blue tickets were to be collected when aboard the Sarkies bus in Corregidor while the white tickets were intended for M/V Edisco which was operated by MENDOZA, the sea vessel to be used for the transport from Manila to Corregidor. Dizon spouses together with their four children proceeded with the tour to Corregidor. M/V Edisco was describes to be an oversized motorized banca with outriggers, a steel hull, a canvas awning and rattan chairs on the deck. It was not registered to ferry passengers, nor was it licensed to operate as a watercraft. On that trip, it had 146 passengers on board and was overloaded and lacked adequate lifesaving equipment. The trip from Manila to Corregidor was okay but on their way back at 7:00 pm, it was a bit rainy. The boat leaned and was capsized. One of the Dizon’s spouses’ kids (Mercidita) drowned and died. Hence, spouses filed an action for damages against Mendoza and Sarkies. Mendoza’s contention: Mendoza denied liability saying he was only a passenger and his son was also among those who died in the accident. Lower court exonerated Sarkies. It found out that Mendoza was guilty of negligence consisting of "unscrupulous conversion of a fishing boat into a ferry boat without first securing a license to operate as such.” Sarkies filed a cross claim against Mendoza as the owner of M/V Edisco based on Article 2180. ISSUE: 1. Whether or not Sarkies should be also held liable? 2. Whether or not Sarkies can invoke Article 2180? Ruling: 1. The CA in held both SARKIES and MENDOZA jointly and severally liable for the damages for the reason that the relationship between SARKIES and the excursionists was "a single operation . . . which in effect guaranteed them safe passage all throughout.” 2. Article 2181 of the Civil Code is not technically invocable but its principle should be applied in favor of SARKIES. The court mentioned the case of Maranan v. Perez, wherein it was held “where a railroad company had been compelled to pay a judgment for damages for injuries sustained by a passenger as a result of the maltreatment and misconduct of the conductor, the servant was liable to his master for all loss and damage sustained by it.” sdjs
Sarkies Tours vs. CASarkies Tours Phils., Inc. (SARKIES, for
short) advertised in the newspapers its tour to orre!idor on
Independence "a#, for a fee of $P%&.&& per person
includin!' a) (oat fare ) *anila)orre!idor)*anila () shrine fee and
c) tour of orre!idor Island (# (us.$ The "i+on spouses (ou!ht ,
tickets consistin! of (lue and white tickets. The (lue tickets were
to (e collected when a(oard the Sarkies (us in orre!idor while the
white tickets were intended for *-. Edisco which was operated (#
*E/"01A, the sea vessel to (e used for the transport fro2 *anila to
orre!idor."i+on spouses to!ether with their four children proceeded
with the tour to orre!idor. *-. Edisco was descri(es to (e an
oversi+ed 2otori+ed (anca with outri!!ers, a steel hull, a canvas
awnin! and rattan chairs on the deck. It was not re!istered to
ferr# passen!ers, nor was it licensed to operate as a watercraft.
0n that trip, it had %3, passen!ers on (oard and was overloaded and
lacked ade4uate lifesavin! e4uip2ent.The trip fro2 *anila to
orre!idor was oka# (ut on their wa# (ack at 5'&& p2, it was
a (it rain#. The (oat leaned and was capsi+ed. 0ne of the "i+on6s
spouses6 kids (*ercidita) drowned and died. 7ence, spouses filed an
action for da2a!es a!ainst *endo+a and Sarkies.*endo+a6s
contention' *endo+a denied lia(ilit# sa#in! he was onl# a passen!er
and his son was also a2on! those who died in the accident.8ower
court e9onerated Sarkies. It found out that *endo+a was !uilt# of
ne!li!ence consistin! of $unscrupulous conversion of a fishin! (oat
into a ferr# (oat without first securin! a license to operate as
such.:Sarkies filed a cross clai2 a!ainst *endo+a as the owner of
*-. Edisco (ased on Article ;%
