Case Digest (G.R. No. 171194)
Facts:
The case involves Asian Terminals, Inc. (petitioner) and Daehan Fire and Marine Insurance Co., Ltd. (respondent). The events leading to the case began on July 8, 2000, when Doosan Corporation shipped twenty-six boxes of printed aluminum sheets aboard the vessel Heung-A Dragon, owned by Dongnama Shipping Co., Ltd. The shipment was covered by Bill of Lading No. DNALHMBUMN010010 and consigned to Access International, located in San Juan, Metro Manila. Doosan insured the shipment with Daehan under an "all-risk" marine cargo insurance policy, with the settlement payable to Smith Bell & Co., Inc., the settling agent in the Philippines.
Upon the vessel's arrival in Manila on July 12, 2000, the container van was unloaded in apparent good condition, as indicated by the Equipment Interchange Receipt (EIR) issued by the petitioner. The container was stored in the Container Yard of the Port. On July 18, 2000, Access International requested a joint survey of the shipme...
Case Digest (G.R. No. 171194)
Facts:
Shipment and Insurance
- On July 8, 2000, Doosan Corporation shipped 26 boxes of printed aluminum sheets on board the vessel Heung-A Dragon, owned by Dongnama Shipping Co., Ltd. The shipment was consigned to Access International in Manila and insured by respondent Daehan Fire and Marine Insurance Co., Ltd. under an "all-risk" marine cargo insurance policy.
Arrival and Storage
- The vessel arrived in Manila on July 12, 2000. The container van was discharged and unloaded in apparent good condition, with no exceptions noted in the Equipment Interchange Receipt (EIR) issued by petitioner Asian Terminals, Inc. (ATI). The container van was stored in ATI's Container Yard.
Request for Joint Survey
- On July 18, 2000, Access International requested a joint survey of the shipment while it was still in ATI's custody. However, no inspection was conducted.
Delivery and Discovery of Loss
- On July 19, 2000, the shipment was withdrawn by customs broker Victoria Reyes Lazo and delivered to Access International's warehouse. Upon inspection, it was discovered that 14 out of 26 boxes were missing.
Claims and Subrogation
- Access International filed a claim against ATI and V. Reyes Lazo for the missing shipment. After failing to collect, Access International sought indemnification from Daehan, which paid the claim and was subrogated to Access International's rights.
Legal Proceedings
- Daehan, through its settling agent Smith Bell, filed a complaint against Dongnama, Uni-ship, ATI, and V. Reyes Lazo. Dongnama and Uni-ship were later dismissed from the case. The Regional Trial Court (RTC) dismissed the complaint against ATI and V. Reyes Lazo, but the Court of Appeals (CA) reversed the decision, holding both liable for the loss.
Issue:
- Whether ATI is liable for the loss of the shipment despite the consignee's broker acknowledging receipt of the goods in good order.
- The extent of ATI's liability, if any.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Conclusion:
The Supreme Court affirmed the CA's decision, holding ATI and V. Reyes Lazo jointly and severally liable for the loss of 14 boxes of printed aluminum sheets. ATI's liability was not limited to P5,000.00 per package, as the value of the shipment was properly communicated.