Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. L-18776             January 30, 1964

URBANO SAPICO, ET AL., plaintiffs-appellees,
vs.
MANILA OCEANIC LINES, INC., ET AL., defendants,
MANILA OCEANIC LINES, INC., defendant-appellant.

Beltran and Lacson for plaintiffs-appellees.
Jaime R. Nuevas for defendant-appellant.

LABRADOR, J.:

This is an appeal from a decision of the Court of First Instance of Manila sentencing defendants to pay plaintiffs P24,570.76 as unpaid wages and P5,000.00 as attorney's fees, for the officers and crew of a vessel to be brought from Hongkong to Manila for the account of defendants.

The complaint filed in the case contained 3 causes action, (1) to collect P24,570.76 representing unpaid was as per contract, (2) moral damages at the rate of P10,000 for the Master, and P5,000.00 each for each marine officer, including radio officer, P2,000.00 for each crew members a total of P111,000.00, and (3) P5,000.00 attorney's fees. It is contended on the appeal that if the amount claimed falling P140,570.76 be divided among the 38 members and officers of the crew, each would be demanding only P3,699.23-1/19, which claim does not reach the jurisdiction of the Court of First Instance where the action was brought. But the second cause of action of the complaint alleged that the captain demanded P10,000.00 as damages, plus amount of his pay. The claim, therefore, that the case does not fall within the jurisdiction of the Court of First Instance, is without merit.

WHEREFORE, the decision appealed from is affirmed, with costs. So ordered.1äwphï1.ñët

Reyes, J.B.L., Barrera, Paredes, Dizon, Regala and Makalintal, JJ., concur.
Bengzon, C.J. and Reyes, J.B.L., J., took no part.


The Lawphil Project - Arellano Law Foundation