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    Wild Valley Shipping Vs CA

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    merii
    1) Wildvalley Shipping filed a damages claim against Philippine President Lines after the Philippine Roxas vessel it was shipping on ran aground in Venezuela, preventing Wildvalley's vessel from sailing as scheduled. 2) The trial court found Philippine President Lines liable but the Court of Appeals reversed. 3) The Supreme Court held that Venezuelan pilotage law was not properly proven in court, as the photocopied documents submitted were not authenticated by proper certification. 4) In the absence of proven foreign law, domestic law is presumed to apply. Applying the Civil Code, the master of the Philippine Roxas exercised due diligence in navigating the vessel.

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    Wild Valley Shipping Vs CA

    Uploaded by

    merii
    260 views1 page
    1) Wildvalley Shipping filed a damages claim against Philippine President Lines after the Philippine Roxas vessel it was shipping on ran aground in Venezuela, preventing Wildvalley's vessel from sailing as scheduled. 2) The trial court found Philippine President Lines liable but the Court of Appeals reversed. 3) The Supreme Court held that Venezuelan pilotage law was not properly proven in court, as the photocopied documents submitted were not authenticated by proper certification. 4) In the absence of proven foreign law, domestic law is presumed to apply. Applying the Civil Code, the master of the Philippine Roxas exercised due diligence in navigating the vessel.

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    Conflicts case

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    Wild Valley Shipping vs CA

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    1) Wildvalley Shipping filed a damages claim against Philippine President Lines after the Philippine Roxas vessel it was shipping on ran aground in Venezuela, preventing Wildvalley's vessel from sailing as scheduled. 2) The trial court found Philippine President Lines liable but the Court of Appeals reversed. 3) The Supreme Court held that Venezuelan pilotage law was not properly proven in court, as the photocopied documents submitted were not authenticated by proper certification. 4) In the absence of proven foreign law, domestic law is presumed to apply. Applying the Civil Code, the master of the Philippine Roxas exercised due diligence in navigating the vessel.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    260 views1 page

    Wild Valley Shipping Vs CA

    Uploaded by

    merii
    1) Wildvalley Shipping filed a damages claim against Philippine President Lines after the Philippine Roxas vessel it was shipping on ran aground in Venezuela, preventing Wildvalley's vessel from sailing as scheduled. 2) The trial court found Philippine President Lines liable but the Court of Appeals reversed. 3) The Supreme Court held that Venezuelan pilotage law was not properly proven in court, as the photocopied documents submitted were not authenticated by proper certification. 4) In the absence of proven foreign law, domestic law is presumed to apply. Applying the Civil Code, the master of the Philippine Roxas exercised due diligence in navigating the vessel.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Wild Valley Shipping vs CA

    Facts: The Philippine Roxas, a vessel owned by Philippine President Lines, Inc., arrived in Puerto Ordaz, Venezuela, to load iron
    ore. After loading, the vessel was about to leave port when Vasquez, an official pilot of Venezuela, boarded the vessel in order to
    navigate it through the Orinoco River. As the vessel was navigating the Orinoco River with Vasquez as pilot, it ran aground,
    obstructing the ingress and Conflict of Laws Page 26 egress of vessels, and the vessel of Wildvalley Shipping was unable to sail
    out of Puerto Ordaz on that day. Claiming damages, Wildvalley Shipping filed an action for damages against Philippine President
    Lines in the Manila RTC. The trial court held Philippine President Lines liable but, on appeal, CA reversed the decision.

    Issue: Whether or not Venezuelan is applicable to the case where the tort occurred.

    Held: No. Although the injury, wrong or death took place in Venezuela, SC held that the pilotage law of Venezuela was not alleged
    or properly proven.

    A photocopy of the Gaceta Oficial (where the said law was published) was presented in evidence as an official publication of the
    Republic of Venezuela. Likewise, only a photocopy of the rules on piloting the Orinoco River, as published in a book issued by
    the Ministerio de Comunicaciones of Venezuela. As foreign public documents, there should have been a certificate that Captain
    Monzon, the attesting officer, is the officer who had legal custody of those records made by a secretary of the embassy or legation,
    consul general, consul, vice consul or consular agent or by any officer in the foreign service of the Philippines stationed in
    Venezuela, and authenticated by the seal of his office accompanying the copy of the public document. No such certificate could be
    found in the records of the case.

    In the absence of pleading and proof, the laws of a foreign country, or state, will be presumed to be the same as the domestic law
    and this is known as processual presumption. Thus, applying the Civil Code, there being no contractual obligation, the master of
    the Philippine Roxas is obliged to give only the diligence required of a good father of the family. This was exercised by showing
    that the vessel sailed only after the “main engine, machineries, and other auxiliaries” were checked and found to be in good running
    condition; when the master left a competent officer, the officer on watch on the bridge with a pilot who is experienced in navigating
    the Orinoco River; when the master ordered the inspection of the vessel’s double bottom tanks when the vibrations occurred anew.

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