Petitioner
Benito Macam Doing Business Under the Name
Respondent
Court of Appeals
Citation
G.R. No. 125524
Court
Supreme Court
Division
Second Division
Ponente
Bellosillo, J.
Decided
August 25, 1999

Summary

This commercial shipping dispute involved petitioner Ben-Mac Enterprises' claim against shipping companies for delivering goods without required bills of lading and bank guarantee. Petitioner shipped watermelons and mangoes to Hongkong with National Bank of Pakistan as consignee but goods were delivered to Great Prospect Company (GPC) as notify party. When GPC failed to pay, petitioner sought damages. The Supreme Court affirmed the Court of Appeals' dismissal, finding that delivery to GPC as the actual buyer/importer was proper under Article 1736 of the Civil Code, and that petitioner's established practice of requesting immediate release of perishable goods without documentation supported respondents' defense. The case demonstrates the balance between documentary requirements in shipping and commercial realities of perishable goods trade.

Statutes applied

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By the Intellegal Editorial Board · August 25, 1999

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