Case Digest (G.R. No. 924)
Facts:
- Petitioner: Pio Ivancich, captain of the Austrian steamer Marguerite.
- Respondents: Arthur F. Odlin, judge of the Court of First Instance of Manila, and the Pacific Export Lumber Company.
- Date: May 1, 1902.
- Incident: Judge Odlin ordered the attachment of the steamer Marguerite based on a libel filed by the Pacific Export Lumber Company.
- Allegations: The libel claimed the captain deviated from the vessel's course due to its unseaworthy condition, necessitating an unscheduled stop at Honolulu for coal, incurring additional costs of $4,327.90.
- Further Claims: The deviation caused a loss of five and a half days, constituting a general average loss. Upon reaching Manila, the owners allegedly caused further damages by retaining freights and refusing to pay for remaining coal and to call for a general average contribution.
- Legal Action: The captain, represented by attorneys Gibbs & Kincaid, moved to dissolve the attachment and dismiss the libel, arguing it was a nullity. The court overruled this motion.
- Supreme Court Petition: Ivancich sought a writ of prohibition to prevent Judge Odlin from continuing the proceedings and detaining the steamer based on an ex parte libel.
Issue:
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Ruling:
- The Supreme Court ruled that Judge Odlin did not act without jurisdiction in ordering the attachment of the steamer Marguerite.
- The court denied the petition for a writ of prohibition,...(Unlock)
Ratio:
- The Supreme Court, led by Chief Justice Arellano, held that under the Code of Commerce, an action in rem lies against any vessel for the enforcement of certain liens, allowing the vessel to be attached and sold.
- The court found that the judge acted within his jurisdiction as the substantive and procedural laws under the Code of Commerce were still in force in the Philippines.
- The court emphasized that the attachment and sale of vess...continue reading
Case Digest (G.R. No. 924)
Facts:
The case involves Pio Ivancich as the petitioner against Arthur F. Odlin, the Judge of the Court of First Instance of the City of Manila, and the Pacific Export Lumber Company, a corporation, as respondents. The events leading to this case began on May 1, 1902, when the judge of Part II of the Court of First Instance in Manila ordered the attachment of the Austrian steamer Marguerite, including her tackle, furniture, and other appurtenances. This order was issued in response to a libel filed by the Pacific Export Lumber Company, which sought to compel the master of the vessel and the vessel itself to answer a complaint regarding damages and general average contributions due to the company. The libel alleged that the captain of the Marguerite deviated from her proper course due to the vessel's unseaworthiness, leading to additional expenses incurred by the company, including harbor dues and the cost of coal purchased in Honolulu, totaling $4,327.90. The deviation also resulted in a loss of time amounting to five and a half days. Furthermore, upon arrival in Manila, the owners of the vessel, through the Austrian consul, caused the retention of freights due to the plaintiff, resulting in damages of $26,000. The owners also refused to pay for 4,000 tons of coal left in the vessel's bunkers, valued at 4,200 pesos, and did not call for a general average contribution, causing further damages of $5...