Question

Ruelito Cruz and his wife contracted a package tour with Sun Holidays, In.c The latter owns and operates Beach Island Resort and a boat named M/B Coco Beach III for their guests. The package tour includes the transportation of the couples from Port of Batangas to Beach Island Resort in Puerto Galera and vice versa. The couple stayed in the said resort from September 9 to 11, 2000. On September 11,2000, as it was still windy, Ruelito and his wife boarded the boat (M/B Coco Beach III) of Sun Holidays to ferry them back to Batangas. Shortly after the boat sailed, it started to rain. As it moved farther away from Puerto Galera and into the open seas, the rain and wind got stronger causing the boat to tilt side to side. The waves got more unwieldy. After getting hit by two big waves which came one after the other, M/B Coco Beach III capsized putting all passengers including the Ruelito and his wife underwater. As a consequence, 8 passengers died including Ruelito and his wife. The parents of Ruelito filed a case against Sun Holidays Inc., for damages and breach of contract of common carriage. Sun Holidays denied that it is not common carrier, it raises the defense that while they own a boat, the same is not available to the general public but only for their Resort guests and crew members.Issue: Is Sun Holidays Inc. a common carrier?What is your legal Opinion? Prove your answer.

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