Case Digest (G.R. No. 213931)
Facts:
Kuwait Airways Corporation (KAC) is a foreign common carrier licensed in the Philippines to transport goods by air. In January 2003, Fujitsu Europe Limited (FEL) engaged O’Grady Air Services (OAS) to ship ten pallets of STC disk drives from Slough, UK to Fujitsu Computer Products Corporation of the Philippines (FCPCP) in Laguna. The goods, insured under Open Policy No. 01Q11368N issued by Tokio Marine and Fire Insurance Co., Ltd. (TMFICL) and handled locally by its affiliate Tokio Marine Malayan Insurance Co., Inc. (TMMICI), were flown on KAC flights KU104/08 and KU411/09 and arrived at NAIA on January 9, 2003. Upon unloading, storage receipts (MIASCOR No. 251294 and Japan Cargo No. 124108) purportedly showed dents and holes on two crates, but only photocopies were presented. A surveyor hired by TMMICI inspected the goods 18 days later and reported deformed cartons, though he noted the disk drives themselves “appeared [in] good order.” FCPCP claimed US$55,602 for damage; TMMICI
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Case Digest (G.R. No. 213931)
Facts:
- Parties
- Petitioner Kuwait Airways Corporation (KAC) – a foreign common carrier licensed in the Philippines for international air transport.
- O’Grady Air Services (OAS) – a UK‐based freight forwarder licensed in the Philippines, engaged by Fujitsu Europe Limited (FEL).
- Respondents
- Tokio Marine and Fire Insurance Co., Ltd. (TMFICL) – Japanese insurer of the shipment.
- Tokio Marine Malayan Insurance Co., Inc. (TMMICI) – Philippine affiliate and settling agent for TMFICL.
- Shipment and Insurance
- On January 6, 2003, FEL contracted OAS to ship 10 pallets of STC disk drives from Slough, UK to Fujitsu Computer Products Corp. of the Philippines (FCPCP), Laguna.
- Pallets were flown on KAC flights KU104/08 and KU411/09, with declared value of US$158,163.00, insured under TMFICL Open Policy No. 01Q11368N.
- Arrival, Damage Allegations, and Survey
- Shipment arrived January 9, 2003 at NAIA. MIASCOR Storage and Delivery Receipt No. 251294 (photocopy) noted one hole and one dent in crates.
- FCPCP notified KAC of a preliminary claim (February 28, 2003); goods delivered to FCPCP premises January 18, 2003.
- TMMICI engaged Toplis Marine Philippines, Inc. to survey alleged damage. Surveyor Barcena inspected 32 cartons on January 27, 2003; initial report noted disk drives in good order but rejected by consignee. A Certificate of Survey (May 5, 2003) attributed denting to handling during airline loading/unloading.
- Claim, Subrogation, and Complaint
- FCPCP’s formal claim of US$55,602.00 to KAC went unanswered; TMMICI paid insurance benefit.
- FCPCP executed Subrogation Receipt (September 22, 2003), receiving US$61,400.70 and assigning rights to TMFICL.
- Respondents filed complaint (January 6, 2005) in RTC Makati against OAS, its local agent, and KAC for US$61,400.70 actual damages, interest, attorney’s fees, and costs. KAC denied liability, raised due diligence defense, and counterclaimed for moral damages.
- Trial and Appeals
- RTC (June 30, 2009) dismissed complaint and counterclaim for lack of proof and inadmissibility of photocopied receipts; refused attorney’s fees.
- CA (February 11, 2014; Resolution August 14, 2014) reversed RTC, held receipts proved damage, applied res ipsa loquitur against KAC, and presuming negligence.
- KAC filed Petition for Review on Certiorari under Rule 45 before the Supreme Court.
Issues:
- Whether the MIASCOR and Japan Cargo Delivery Receipts (photocopies) constitute adequate proof of damage to the goods.
- Whether the doctrine of res ipsa loquitur applies to impute negligence on KAC.
- Whether KAC’s liability, if any, is limited by the Warsaw Convention (Article 22(2)) per the Airway Bill terms.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)