EN BANC
[G.R. No. 45070. November 28, 1938. ]
CHIN GUAN, Plaintiff-Appellee, v. COMPAÑIA MARITIMA, Defendant-Appellant.
Ernesto Zaragoza, for Appellant.
Isidro Vamenta, for Appellee.
SYLLABUS
1. MARITIME LAW; COLLISION OF VESSELS; DAMAGES. — Under the provisions of articles 837 and 826 of the Code of Commerce, the shipowner is not liable in damages when the ship responsible for the collision has been totally lost. In such case, the amount of the insurance substitutes for the value of the ship and should be applied to the payment of the judgment rendered in favor of plaintiff. If the ship was not insured, then the freights earned shall answer for the civil liability of the shipowner.
D E C I S I O N
CONCEPCION, J.:
The steamship Corregidor was sunk as a result of a collision. An action was instituted by Chin Guan against the Compañia Maritima, owner of the steamship Ceb
