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DELSAN TRANSPORT LINES v. CA

This case has been cited 2 times or more.

2006-05-02
QUISUMBING, J.
In contrast, the findings of the BMI are not deemed always binding on the courts.[25] Besides, exoneration of the vessel's officers and crew by the BMI merely concerns their respective administrative liabilities.[26] It does not in any way operate to absolve the common carrier from its civil liabilities arising from its failure to exercise extraordinary diligence, the determination of which properly belongs to the courts.[27]
2005-09-30
PANGANIBAN, J.
The submission of the Philippine Coast Guard's Certificate of Inspection of Judy VII, dated July 31, 1991, did not conclusively prove that the barge was seaworthy.[42]  The regularity of the issuance of the Certificate is disputably presumed.[43]  It could be contradicted by competent evidence, which respondent offered.  Moreover, this evidence did not necessarily take into account the actual condition of the vessel at the time of the commencement of the voyage.[44]