Case Digest (G.R. No. 201822)
Facts:
In Marina Port Services, Inc. v. American Home Assurance Corporation, G.R. No. 201822, August 12, 2015, the Supreme Court Second Division, Del Castillo, J., writing for the Court, rendered the decision below.Petitioner is Marina Port Services, Inc. (MPSI), an arrastre operator; respondent is American Home Assurance Corporation (AHAC), insurer and subrogee of the consignee. The underlying shipment was 10 container vans of soft wheat flour shipped from Singapore on September 21, 1989, insured by AHAC and consigned to MSC Distributor (MSC). Upon arrival on September 25, 1989 the containers were discharged in apparent good order and turned over to MPSI with seals intact. Customs then examined the containers, resealed them with safety wires, and MSC’s broker thereafter padlocked them. MPSI stored the vans in its container yard where its and the Philippine Ports Authority’s security guards kept watch.
On October 10 and October 12–14, 1989 MSC’s representative (AD’s Customs Services, ACS) took delivery in two batches. After the first five vans were removed MSC claimed shortages; after the remaining five were subsequently delivered MSC again found shortages. MSC asserted a total loss of 1,650 bags valued at Php257,083.00 and filed claims with MPSI; MPSI denied liability. AHAC indemnified MSC and obtained a subrogation receipt, then filed suit against MPSI in the Regional Trial Court (RTC), Pasig City, Civil Case No. 90-54517.
The RTC, Branch 271, after trial issued a Decision on October 17, 2006 dismissing AHAC’s complaint for failure to prove the loss occurred while the goods were under MPSI’s responsibility. AHAC appealed to the Court of Appeals (CA). In a Decision dated December 29, 2011 (CA-G.R. CV No. 88321), penned by Associate Justice Manuel M. Barrios, the CA reversed the RTC, finding MPSI failed to rebut the presumption of negligence under Articles 1265 and 1981 of the Civil Code and ordering MPSI to pay Php257,083.00 plus interest and Php50,000.00 ...(Subscriber-Only)
Issues:
- May the Supreme Court review and resolve the factual findings of the lower courts in a Rule 45 petition?
- Was Marina Port Services, Inc. liable for the shortage of the bags of flour while the goods were i...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
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