G.R. No. L-7029, February 27, 1912
CHINA NAVIGATION CO., LTD. vs. CIPRIANO VIDAL, ET AL.

FACTS

The plaintiff, China Navigation Co., Ltd., owned the steamship Kaifong. While passing through Iloilo Strait under the pilotage of defendant Cipriano Vidal, a member of the Iloilo Pilot’s Association, the vessel struck an uncharted pinnacle rock known as the “Eighth Sin,” causing substantial damage. Vidal deviated from the usual and ordinary navigational course for the strait, bringing the vessel unusually close to the “Siete Pecados” islands despite the captain’s warning. The rock was not on official charts but was known to some local pilots and navigators, with evidence that a boat had been lost on it around 1900. The trial court held the defendants liable for damages.

ISSUE

Was defendant pilot Cipriano Vidal negligent in his pilotage of the Kaifong, thereby making him liable for the damages caused to the vessel?

RULING

Yes. The Supreme Court affirmed the trial court’s judgment, holding Vidal negligent. The Court established the fundamental rule that a navigator, especially in narrow straits and channels, must not deviate from the usual and ordinary course followed by vessels unless for a pressing and substantial reason. Here, Vidal unnecessarily steered outside the safe, customary channel without justification, and this deviation constituted negligence that was the proximate cause of the accident. The Court found it unnecessary to rule on whether Vidal should have known of the specific rock, as liability was sufficiently based on his unjustified departure from the standard navigational course. The damages awarded and the liability of the defendants were otherwise uncontested.