Case Digest (G.R. No. 119571)
Facts:
Mitsui O.S.K. Lines Ltd., represented by Magsaysay Agencies, Inc. v. Court of Appeals and Lavine Loungewear Mfg. Corp., G.R. No. 119571, March 11, 1998, Supreme Court Second Division, Mendoza, J., writing for the Court. Petitioner Mitsui O.S.K. Lines Ltd., through its Philippine agent Magsaysay Agencies, Inc., contracted via freight forwarder Meister Transport, Inc. to carry Lavine Loungewear Manufacturing Corporation’s goods from Manila to Le Havre, France, with an undertaking to deliver 28 days from initial loading. The vessel loaded Lavine’s container on July 24, 1991; because of a failure to transship promptly in Kaoshiung, Taiwan, the cargo did not reach Le Havre until November 14, 1991.Upon arrival the consignee allegedly paid only half the value, asserting the goods arrived in the French off‑season and their market value had fallen; Lavine charged the remaining loss to Mitsui and demanded payment through Magsaysay. Mitsui denied liability; Lavine sued in the Regional Trial Court (Branch 68, Pasig) on April 14, 1992, initially naming Meister and Magsaysay (as Mitsui’s agent), and on May 20, 1993 amended to implead Mitsui O.S.K. Lines Ltd. in lieu of its agent.
Mitsui moved to dismiss on the ground the action had prescribed under Section 3(6) of the Carriage of Goods by Sea Act (COGSA). The trial court denied the motion and reconsideration. The Court of Appeals, in its January 25, 1995 decision and March 22, 1995 resolution, sustained the trial court’s orders. Petitione...(Subscriber-Only)
Issues:
- Did the Court of Appeals err in ruling that private respondent’s amended complaint is not prescribed pursuant to Section 3(6) of the Carriage of Goods by Sea Act?
- Whether the action filed by private respondent is an action “for loss or damage to goods” within the meaning of Section 3(6) of COGSA, thereby subjecting it to the one‑year prescription, or whether it falls under general law (Art. 1144, Civil Code) ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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