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In addition, the Court found that the Don Juan was overloaded. The Certificate of
Issues:
Inspection, dated August 27, 1979, issued by the Philippine Coast Guard
1. Whether the ruling in Mecenas v. Court of Appeals, finding the crew members
Commander at Iloilo City stated that the total number of persons allowed on the
of petitioner to be grossly negligent in the performance of their duties, is binding
ship was 864, of whom 810 are passengers, but there were actually 1,004 on
in this case;
board the vessel when it sank, 140 persons more than the maximum number that
could be safely carried by it.
Taking these circumstances together, and the fact that the M/V Don Juan, as the
faster and better-equipped vessel, could have avoided a collision with the PNOC
tanker, this Court held that even if the Tacloban City had been at fault for failing
to observe an internationally-recognized rule of navigation, the Don Juan was
guilty of contributory negligenc