Case Digest (G.R. No. L-54140)
Facts:
Filipino Merchants Insurance Company, Inc. v. Honorable Jose Alejandro and Frota Oceanica Brasiliera; Filipino Merchants Insurance Company, Inc. v. Honorable Alfredo Benipayo and Australia-West Pacific Line, G.R. No. 54140 and G.R. No. 62001, October 14, 1986, Supreme Court Second Division, Gutierrez, Jr., J., writing for the Court.The consolidated cases arose from two separate suits filed by consignees against Filipino Merchants Insurance Company, Inc. (the petitioner/insurer) to recover under marine insurance policies for alleged loss or damage to cargo. In Civil Case No. 109911, plaintiff Choa Tiek Seng alleged loss/damage totaling P35,987.26 for goods discharged by the vessel SS Frotario (owned and operated by respondent carrier Frota Oceanica Brasiliera) and delivered at Manila on December 13–17, 1976; the consignee received the goods December 17, 1976. In Civil Case No. 110061, Joseph Benzon Chua sued for P55,996.49 for goods delivered to him on January 25–28, 1977.
After the consignees filed suit against the insurer, the petitioner denied liability, alleged fraud, and filed third‑party complaints (January 9, 1978 in the Choa case; September 28, 1978 in the Chua case) against the respective carriers (Frota and Australia‑West Pacific Line) and the arrastre contractor (E. Razon, Inc.) seeking indemnity, subrogation, or reimbursement. The carriers moved for preliminary hearing, pleading prescription under Section 3(6) of the Carriage of Goods by Sea Act that requires suits against the carrier to be brought "within one year after delivery of the goods or the date when the goods should have been delivered."
The trial judges dismissed the petitioner's third‑party complaints as time‑barred: the Branch XXVI judge dismissed the Choa third‑party complaint on April 30, 1980; the Branch XVI judge dismissed the Chua third‑party complaint on August 31, 1982. The petitioner appealed to the Su...(Pro-only)
Issues:
- Does the one‑year prescriptive period in Section 3(6) of the Carriage of Goods by Sea Act apply to an insurer who seeks subrogation against the carrier?
- Can the timeliness of a third‑party complaint by an insurer be reckoned from the filing date of the principal action (i.e., does filing the main suit by the insured suspend or fix the one‑year peri...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)