FOREIGN LAW MUST BE ALLEGED AND

PROVED
Wildvalley Shipping Co. LTD. vs. CA,
G.R. No. 119602, Oct. 6, 2000
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.
FACTS:

As the vessel was navigating the Orinoco River

with Vasquez as pilot, it ran aground, obstructing
the ingress and egress of vessels, and the vessel of
Wildvalley Shipping was unable to sail out of
Puerto Ordaz on that day.

Ingress (Entrance) and egress (Exit)

FACTS:

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 Pilotage law is

applicable to the case
HELD:

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, 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.

Article 1173 of the New Civil Code.

This was exercised by showing that the vessel
sailed only after the ff:

• “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.
End of Report