6/7/2020
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it follows that the limited liability rule does not apply as well.
One final note. Petitioner's claim that the limited liability rule and its corresponding
exception (i.e., where the vessel is insured) apply here is irrelevant because petitioner
was not found liable under tort or quasi-delict. Moreover, the insurance proceeds
contemplated under the exception in the case of a lost vessel are the insurance over
the vessel and pending freightage for the particular voyage.[76] It is not the insurance
in favor of the seafarers, the proceeds of which are intended for their beneficiaries.
Thus, if ever petitioner is liable for the value of the insurance proceeds under tort or
quasi-delict, it would be from the Marine Insurance Policy over the vessel and not from
the Personal Accident Policies over the seafarers.
WHEREFORE, the petition is PARTLY GRANTED. The CA Decision dated October 4,
2007 and the Resolution dated January 11, 2008 of the Court of Appeals are
AFFIRMED WITH THE FOLLOWING MODIFICATIONS:
(1) The death benefits are limited to the amount granted under the Release of
All Rights and Full Satisfaction of Claim dated December 14, 2007
executed between respondents and Top Ever Marine Management
Company Ltd., Top Ever Marine Management Philippine Corporation, and
Captain Oscar Orbeta;
(2) As a solidary co-debtor, petitioner's liability to respondents under the
POEA-SEC is also extinguished by virtue of the Release of All Rights and
Full Satisfaction of Claim dated December 14, 2007; and
(3) The last paragraph of the dispositive portion of the CA Decision dated
October 4, 2007 stating: "Nevertheless, upon payment of said proceeds to
said widows by respondent SOUTH SEA SURETY & INSURANCE CO., INC.,
respondent PHIL-NIPPON CORPORATION'S liability to all the complainants
is deemed extinguished..." is DELETED.
SO ORDERED.
Velasco, Jr., (Chairperson), Peralta, Del Castillo,* and Perez, JJ., concur.
July 28, 2016
NOTICE OF JUDGMENT
Sirs / Mesdames:
Please take notice that on July 13, 2016 a Decision, copy attached hereto, was
rendered by the Supreme Court in the above-entitled case, the original of which was
received by this Office on July 28, 2016 at 2:45 p.m.
Very truly yours,
(SGD)WILFREDO V. LAPITAN
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/62118
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