G.R. No. 3199
ANGEL ORTIZ, plaintiff‑appellant, vs. LA COMPAÑÍA MARÍTIMA, defendant‑appellee

FACTS
On the night of May 6, 1905, the steamers Adelante (carrying the plaintiff’s interest and cargo) and Antonio Macleod collided near Burias Island. Adelante sank; Antonio Macleod sustained only minor damage. The plaintiff sued the owner of Antonio Macleod for damages, asserting negligence on the part of that vessel. Witnesses gave contradictory accounts of the ships’ lights, courses, and maneuvers. The trial court found that the plaintiff failed to prove negligence by the Antonio Macleod. The plaintiff also sought admission of a board of customs officers’ investigation report, approved by the Insular Collector of Customs, as evidence of negligence; the trial court excluded it.

ISSUE
Whether the trial court erred in (1) finding that the collision was not caused by negligence of the Antonio Macleod and (2) refusing to admit the customs board’s report as proof of such negligence.

RULING
The Supreme Court affirmed the trial court’s judgment. It held that the finding of no negligence was not “plainly and manifestly” against the weight of the evidence, given the irreconcilable testimonies. The exclusion of the customs board’s report was proper: absent a statutory provision, the report was merely an opinion of persons not sworn as witnesses and not subject to cross‑examination. Consequently, the judgment acquitting the defendant was affirmed with costs; other questions left unresolved.