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SPOUSES CRUZ vs. SUN Holidays

FACTS:

The newly wed Ruelito and his wife stayed at Sun Holidays Resot !y vitue of a tou

"a#$a%eonta#t with es"ondent that in#luded tans"otation to and fo' the Resot and

the "oint of de"atue in (atan%as.

Althou%h it was windy Ruelito C. Cu)* his wife and +, othe esot %uests !oaded -(

Co#o (ea#h ///* whi#h was to fey the' to (atan%as.

Shotly afte the !oat sailed* it stated to ain. As it 'oved fathe away fo' Pueto

0alea and into the o"en seas* the ain and wind %ot ston%e* #ausin% the !oat to tilt fo'

side to side and the #a"tain to ste" fowad to the font* leavin% the wheel to one of the

#ew 'e'!es.

Afte %ettin% hit !y two !i% waves whi#h #a'e one afte the othe* -( Co#o (ea#h ///

#a"si)ed "uttin% all "assen%es undewate.

Hel" #a'e afte a!out 1, 'inutes when two !oats owned !y Asia 2ives in Sa!an%*

Pueto 0alea "assed !y the #a"si)ed -( Co#o (ea#h ///.

Ei%ht "assen%es* in#ludin% Ruelito and his wife* died duin% the in#ident.

Petitiones* !y lette de'anded inde'nifi#ation fo' es"ondent fo the death of thei son

in the a'ount of at least P1*333*333.

Re"lyin%* es"ondent* denied any es"onsi!ility fo the in#ident whi#h it #onsideed to !e

a fotuitous event. /t nevetheless offeed* as an a#t of #o''iseation* the a'ount of

P43*333 to "etitiones u"on thei si%nin% of a waive.

As "etitiones de#lined es"ondent5s offe* they filed the Co'"laint* alle%in% thates"ondent* as a #o''on #aie* was %uilty of ne%li%en#e.

/n its Answe* es"ondent denied the alle%ations.

RTC dis'issed the #o'"laint and the su!se6uent -R

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CA denied the a""eal and also the -R.

Hen#e* this "etition.

/SSUE:

7hethe o not es"ondent is a #o''on #aie

HE82:

9ES. Ati#le 4;+ states that Co''onwealth A#t No.

414* as a'ended@ whi#h at least "atially su""le'ents the law on #o''on #aies set foth in

the Civil Code

/ndeed* es"ondent is a #o''on #aie. /ts fey sevi#es ae so intetwined with its 'ain

!usiness as to !e "o"ely #onsideed an#illay theeto. The #onstan#y of es"ondent5s fey

sevi#es in its esot o"eations is undes#oed !y its havin% its own Co#o (ea#h !oats. And the

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tou "a#$a%es it offes* whi#h in#lude the fey sevi#es* 'ay !e availed of !y anyone who #an

affod to "ay the sa'e. These sevi#es ae thus availa!le to the "u!li#.