The Case of The Congested Ship

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UNIVERSITY OF CEBU – MAIN CAMPUS

College of Hospitality Management


Sanciangko Street, Cebu City, Cebu, Philippines

CASE STUDY 3

THE CASE OF THE CONGESTED SHI


P

HM 414-LEC - 6:31-8:01 PM TTH – 730C

SUBMITTED TO: Mrs. WELOU DIL DIAZ,PhD


FACULTY, COLLEGE OF HOSPITALITY MANAGEMENT

SUBMITTED BY: DWYNETH ANN E. REPONTE


STUDENT, COLLEGE OF HOSPITALITY MANAGEMENT
The Case of the Congested Ship
In October 1980, MV Don Juan sailed from Manila to Bacolod carrying many
Negrenses coming home for the much-hyped initial celebration of the MassKara Fest
ival. The staff ignored the capacity limit of the marine vessel as many students went
home for their semestral break vacation. Halfway through the trip, MV Don Juan san
k along with hundreds of passengers. The Supreme Court ruled that the gross neglig
ence of the staff caused one of the worst sea disasters in the country. Many men, wo
men, and children drowned and the entire country mourned over the tragedy. The co
urts found out in the records that MV Don Juan was overloaded when it left the Port
of Manila.

1. Introduction and Rationale of the Case


The case of MV Don Juan, a tragic maritime disaster that occurred in October
1980, provides a compelling example of the consequences of negligence and disreg
ard for safety regulations in the shipping industry. This case study aims to analyze th
e factors that contributed to the sinking of the vessel, evaluate the impact of the disa
ster on the affected communities, and propose recommendations for preventing simil
ar tragedies in the future.

2. Description of the Status of the Case


A. Describe the Current Situation:
 The MV Don Juan case has been concluded through legal proceedings. The
Supreme Court of the Philippines ruled that the gross negligence of the vesse
l's staff was the primary cause of the disaster. Compensation has been award
ed to the victims' families, and the incident serves as a cautionary tale in the
maritime industry.
B. Describe the Performance Standards and Measures:
 While specific performance standards and measures for maritime vessels ma
y have existed at the time of the incident, it is crucial to note that the tragic out
come highlights the need for stricter enforcement and continuous improvemen
t of safety regulations.

3. Assessment/Analysis of the Case


A. Describe the Operational Strengths of the case:
 While it is difficult to identify any operational strengths in a case that resulted i
n such a devastating loss of life, it is important to acknowledge that the incide
nt led to increased awareness of maritime safety issues and spurred efforts to
improve regulations and practices.
B. Describe the Issues/Problems/Concerns within the case:
 Overloading: The primary issue in the MV Don Juan case was the vessel's ov
erloading, which significantly increased its risk of capsizing.
 Negligence: The staff's disregard for safety regulations and failure to adhere t
o capacity limits constituted gross negligence.
 Lack of Enforcement: The incident exposed deficiencies in the enforcement of
maritime safety laws and regulations.

4. Alternatives for Improvement


A. Present alternatives to address the identified issues/problems/concerns:
 Stricter Enforcement of Safety Regulations: Implementing more robust i
nspections, penalties, and accountability measures for non-compliance.
 Improved Training and Education: Providing comprehensive training to
vessel crew members on safety procedures, emergency response, and
the consequences of overloading.
 Technological Advancements: Utilizing advanced technologies, such as
vessel tracking systems and load capacity monitoring, to enhance safet
y and prevent overloading.
 Independent Oversight: Establishing an independent regulatory body to
oversee the maritime industry and ensure compliance with safety stand
ards.
B. Assessment of Alternatives to determine the viable solutions:
All of the proposed alternatives are viable solutions to address the issu
es identified in the MV Don Juan case. However, a combination of these appr
oaches would likely be most effective in preventing future tragedies. Stricter e
nforcement, improved training, and technological advancements are essential
components of a comprehensive safety framework.

5. Recommended Solutions/Improvement
 Implement stringent safety regulations: Enact and enforce comprehensi
ve safety standards for maritime vessels, including guidelines for maxi
mum load capacity, crew training, and emergency procedures.
 Enhance enforcement mechanisms: Establish a robust regulatory fram
ework with adequate resources and authority to inspect vessels, investi
gate accidents, and impose penalties for non-compliance.
 Promote safety culture: Foster a culture of safety within the maritime in
dustry through education, training, and awareness campaigns.
 Invest in technology: Utilize modern technologies to improve vessel saf
ety, such as load capacity monitoring systems, distress alert systems, a
nd weather forecasting tools.
 Strengthen international cooperation: Collaborate with other countries t
o develop and implement harmonized maritime safety standards and b
est practices.
6. References
 https://www.experiencenegros.com/don-juan-tragedy/
 https://lawphil.net/judjuris/juri1989/dec1989/gr_88052_1989.html
 https://shows.acast.com/ph-murder-stories-1/episodes/negros-navigation-the-t
ragic-sinking-of-mv-don-juan-1980

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