Timeline (G.R. No. L-23879)
Parties Involved: Domestic Insurance Company of the Philippines (plaintiff-appellant) filed a suit against Barber Line, Macondray & Co., Inc., and the Republic of the Philippines (defendants-appellees).
Nature of the Case: The case concerns a claim for indemnification for nondelivery of cargo, with the Domestic Insurance Company acting as the insurer-subrogee of the cargo.
Cargo Shipment Details: On May 17, 1963, the SS Queensville loaded cargo in New York, including three cartons of shears, destined for Centennial Commercial Corporation in Manila.
Arrival of Vessel: The SS Queensville arrived in Manila on June 24, 1963, and discharged its cargo into the custody of the arrastre operator.
Document Clearance: The consignee, Centennial Commercial Corporation, cleared all shipping documents through the defendants and the Bureau of Customs.
Losses Sustained: Due to alleged negligence by the defendants, certain items from the shipment were undelivered, resulting in losses amounting to P8,800.92.
Motion to Dismiss: The Republic of the Philippines filed a motion to dismiss the case against it, citing sovereign immunity from suit without consent.
Court's Ruling: The lower court granted the motion to dismiss, ruling that the State is immune from suit in this context.
Plaintiff's Appeal: The Domestic Insurance Company appealed the dismissal of...continue reading