Case Digest (G.R. No. 166250) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Unsworth Transport International (Phils.), Inc. vs. Court of Appeals and Pioneer Insurance and Surety Corporation, petitioner Unsworth Transport International (Philippines), Inc. (now Jugro Transport International, Phils.) (“UTI”) agreed to transport for shipper Sylvex Purchasing Corporation a sealed 1×40 container van (No. APLU-982012) containing 27 drums of raw materials for pharmaceutical manufacturing. UTI issued Bill of Lading No. C320/C15991-2 on August 31, 1992, and the cargo, insured for ₱1,779,664.77 under Marine Risk Note No. MC RM UL 0627 92 and Open Cargo Policy No. HO-022-RIU in favor of consignee United Laboratories, Inc. (“Unilab”), was shipped via American President Lines (APL) vessels. Upon arrival in Manila on September 30, 1992, the shipment was cleared and received by UTI’s warehouse on October 6. A stripping survey on October 9 by Oceanica Cargo Marine Surveyors revealed one drum with a side cut and approximately 1% spillage. On October 15, Jardine Davies Case Digest (G.R. No. 166250) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Contract of carriage and insurance
- On August 31, 1992, Sylvex Purchasing Corporation delivered to Unsworth Transport International (Philippines), Inc. (UTI) a shipment of 27 drums and related cargo for pharmaceutical manufacturing, covered by Bill of Lading No. C320/C15991-2.
- The shipment was insured in favor of United Laboratories, Inc. (Unilab) with Pioneer Insurance and Surety Corporation under Marine Risk Note No. MC RM UL 0627 92 and Open Cargo Policy No. HO-022-RIU, for P1,779,664.77.
- Transportation and initial surveys
- The shipment was loaded in a sealed 40’ container (APLU-982012) on APL’s M/V “Pres. Jackson,” transshipped to M/V “Pres. Taft,” and arrived at Manila on September 30, 1992.
- On October 6, 1992, UTI received the container in its warehouse after stamping the import permit.
- Damage discovery and surveys
- On October 9, 1992, Oceanica Cargo Marine Surveyors Corporation reported one drum with a cut/hole and 1% spillage; the rest were intact.
- On October 15, 1992, Jardine Davies Transport Services issued Gate Pass No. 7614 indicating 22 drums “in good order” loaded for delivery.
- Upon delivery to Unilab’s warehouse the same day, J.G. Bernas Adjusters & Surveyors found one torn bag, one punctured drum (content lacking), and five drums short-delivered; final inspections on October 23 and 28 confirmed these findings.
- Claim and judicial proceedings
- On November 7, 1992, Unilab filed a damage claim against Pioneer and UTI; UTI denied liability on November 20, and Pioneer paid on March 23, 1993.
- Pioneer, via subrogation, sued APL, UTI, and UTI’s successor (Unsworth Transport Int’l, Phils.) in RTC Makati (Civil Case No. 93-3473).
- On February 22, 2001, the RTC awarded Pioneer P76,231.27 plus 6% interest and 25% attorney’s fees. The CA affirmed on April 29, 2004 and denied reconsideration on November 26, 2004.
Issues:
- Did the Court of Appeals act with grave abuse of discretion in upholding the award of P76,231.27 plus legal interest and attorney’s fees?
- Is UTI a common carrier by virtue of issuing the bill of lading?
- Did UTI exercise the required ordinary (or extraordinary) diligence in caring for the shipment?
- Did Pioneer sufficiently establish the damage to its cargo?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)