Petitioner
Wallem Philippines Shipping
Respondent
S.R. Farms
Citation
G.R. No. 161849
Court
Supreme Court
Division
Second Division
Ponente
Peralta, J.
Decided
July 7, 2010

Summary

This maritime cargo dispute involved S.R. Farms' claim for shortage of 80.467 metric tons of Indian Soya Bean Meal during sea transport. The Supreme Court ruled that the claim against ship agent Wallem Philippines Shipping was time-barred under the Carriage of Goods by Sea Act's one-year prescriptive period. Although the original complaint was filed within the one-year period, Wallem was only impleaded in an amended complaint filed after the prescriptive period had expired. The Court held that amended complaints do not retroact to the original filing date for newly impleaded defendants, establishing important precedent for maritime cargo claims and prescriptive periods in Philippine commercial law.

Statutes applied

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By the Intellegal Editorial Board · July 7, 2010

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