Facts:

• Benguet Exploration, Inc. (Benguet) chartered Seawood Shipping, Inc. (Seawood Shipping) to transport copper concentrates to Japan.
• The bill of lading indicated that 2,243.496 wet metric tons of copper concentrates were loaded on the vessel Sangkulirang No. 3 at Poro Point, San Fernando, La Union.
• The cargo was insured by Switzerland General Insurance, Co., Ltd. (Switzerland Insurance).
• Upon arrival in Japan, a report indicated a shortage of 355 metric tons.
• Benguet made a formal demand for the value of the alleged shortage to both Seawood Shipping and Switzerland Insurance, but both refused.
• Benguet filed separate complaints for damages against Seawood Shipping and Switzerland Insurance.
• Switzerland Insurance filed a third-party complaint against Seawood Shipping.
• After a joint trial, the Regional Trial Court of Makati dismissed both Benguet's complaint and Switzerland Insurance's third-party complaint.
• The Court of Appeals affirmed this decision, ruling that Benguet failed to establish the loss or shortage of the cargo.
• Benguet petitioned the Supreme Court, arguing that the loss was sufficiently established by documentary and testimonial evidence, as well as the admissions of the private respondents.

Issue:

• (Unlock)

Ruling:

• The Supreme Court affirmed the decision of the Court of Appeals, ruling that Benguet Exploration, Inc. failed to establish the loss or short...(Unlock)

Ratio:

• The Supreme Court found no basis to conclude that the trial court and the Court of Appeals misappreciated the evidence.
• The factual findings of the trial court, affirmed by the Court of Appeals, must be accorded the highest respect and even finality unless unsupported by evidence or based on a misapprehension of facts.
• Benguet's witnesses had no personal knowledge of the actual weight of the copper concentrates loaded on the vessel and discharged in Japan.
• The testimonies of Benguet's witnesses were deemed hearsay as they relied on rep...continue reading