Title
Pioneer Insurance and Surety Corp. vs. Tan
Case
G.R. No. 239989
Decision Date
Jul 13, 2020
Insurer subrogated to recover from buyer after fire destroyed goods; SC ruled contract was sale, not consignment, buyer liable for loss.

Case Summary (G.R. No. 239989)

Relevant Facts

Pioneer Insurance issued Fire Insurance Policy No. FI-PP-03-0000356-00-D to Unilab, covering its pharmaceutical stock, which was housed in a warehouse owned by Tan. On August 28, 2004, a fire devastated the warehouse, leading Unilab to file a claim under the insurance policy. Unilab subsequently received payment of approximately P13,430,528.22 from Pioneer Insurance, which led the petitioner to seek reimbursement from Tan due to her alleged negligence that contributed to the loss.

Initial Court Findings

The Regional Trial Court (RTC) dismissed Tan's defenses and upheld the insurer's subrogation rights to recover damages. The RTC ruled that regardless of whether the fire was caused by a fortuitous event, Tan still bore financial responsibility due to her obligations under the terms governing the sale of the goods. The court confirmed that the insurance policy remained effective despite the transfer of possession, since Unilab retained insurable interest over the goods until full payment was made.

Appeal and Subsequent Rulings

Upon appeal, the Court of Appeals (CA) affirmed the RTC ruling but modified certain aspects, particularly addressing the legal rate of interest. However, upon further reconsideration, the CA reversed its previous decision, accepting Tan’s argument that the contract with Unilab should be classified as one of consignment rather than a straightforward sale. The CA concluded that Tan, as an agent in a consignment arrangement, could not be held liable to an insurer for the loss of goods.

Supreme Court's Jurisdiction Issues

In its ruling, the Supreme Court clarified the issues surrounding the shift in defense theory by Tan during the appeal process. The Court determined that Tan's change in legal strategy—arguing for a consignment contract—was impermissible as it had not been raised during the initial proceedings. The principle forbidding the introduction of new theories on appeal aligns with fair trial rights, as parties should not be taken by surprise by new arguments introduced at advanced stages of litigation.

Ruling on Subrogation Rights

The Supreme Court reaffirmed Pioneer Insurance’s right to subrogation and its ability to recover amounts paid to Unilab. It highlighted that the obligation of the respondent persisted despite the fire being an unforeseen event. The Court emphasized that based on the terms of the sale, the risk of loss fell on Tan upon delivery, reinforcing the insurer’s position to recover payments made under the policy.

Final Decision

Ultimately, the Supreme Cou

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