Petitioner
Home Insurance Corporation
Respondent
The Hon. Court of Appeals
Citation
G.R. No. 109293
Court
Supreme Court
Division
First Division
Ponente
Cruz, J.
Decided
August 18, 1993

Summary

Home Insurance Corporation paid a claim to consignee Nestle Phil. for a damaged hydraulic engine during shipment and sought recovery from hauler Mabuhay Brokerage Co. through subrogation. The Supreme Court denied the petition, ruling that the subrogation receipt alone was insufficient to establish liability against the hauler. Without the original insurance contract, the Court could not determine the scope of coverage or the specific rights transferred to Home Insurance. The Court emphasized that as a subrogee, Home could only exercise the rights that were originally granted to Nestle under the insurance contract. The failure to present the original insurance contract, despite it allegedly being in the petitioner's possession, violated the best evidence rule and proved fatal to the case. The decision reinforced that carriers are only liable for damage occurring during their specific handling period.

Statutes applied

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By the Intellegal Editorial Board · August 18, 1993

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