Case Digest (G.R. No. 219698)
Facts:
In Loadmasters Customs Services, Inc. vs. Glodel Brokerage Corporation and R&B Insurance Corporation (G.R. No. 179446, January 9, 2011), R&B Insurance issued Marine Policy No. MN-00105/2001 on August 28, 2001 in favor of Columbia Wire and Cable Corporation to insure 132 bundles of copper cathodes against “All Risks.” The cargo arrived at Pier 10, North Harbor, Manila the same day. Columbia engaged Glodel Brokerage Corporation to clear and withdraw the goods and to deliver them to its warehouses in Bulacan and Valenzuela City. Glodel subcontracted Loadmasters Customs Services, Inc. to transport the cargo using twelve trucks. Six loads were successfully delivered to Valenzuela City, but one of the six destined for Balagtas, Bulacan, containing 11 bundles, was hijacked. R&B Insurance paid Columbia P1,896,789.62 under its subrogation right, then sued both Glodel and Loadmasters in the Regional Trial Court (RTC) for reimbursement. The RTC held Glodel liable for damages and dismissedCase Digest (G.R. No. 219698)
Facts:
- Insurance and Shipping Arrangements
- On August 28, 2001, R&B Insurance issued a marine “All Risks” policy to Columbia Wire and Cable Corporation (Columbia) to cover 132 bundles of copper cathodes shipped from Isabela, Leyte, to Pier 10, North Harbor, Manila.
- Columbia contracted Glodel Brokerage Corporation (Glodel) to handle customs brokerage, cargo release, and delivery arrangements; Glodel, in turn, engaged Loadmasters Customs Services, Inc. (Loadmasters) to transport the cargo by twelve trucks to Columbia’s warehouses in Bulacan (6 loads) and Valenzuela City (6 loads).
- Loss, Indemnity, and Initial Proceedings
- Of the six loads bound for Balagtas, Bulacan, one truck carrying 11 bundles (232 pieces) of copper cathodes was hijacked. The vehicle was later recovered empty.
- Columbia filed an insurance claim; R&B Insurance paid P1,896,789.62 to Columbia and, by subrogation, sued Glodel and Loadmasters in RTC No. 02-103040 for reimbursement.
- The RTC found only Glodel liable, dismissing Loadmasters’s counterclaim. On appeal, the CA held Loadmasters solidarily liable to Glodel for P1,896,789.62. Loadmasters then elevated the case to the Supreme Court under Rule 45.
Issues:
- Whether Loadmasters can be held liable to Glodel despite Glodel’s failure to file a cross-claim against Loadmasters.
- Whether Loadmasters was legally an agent of Glodel under the circumstances.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)