- Petitioner
- Asian Terminals
- Respondent
- Simon Enterprises
- Citation
- G.R. No. 177116
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Villarama, Jr., J.
- Decided
- February 27, 2013
Summary
Simon Enterprises sued Asian Terminals Inc. (ATI) and vessel interests for alleged shortage of 199.863 metric tons in soybean meal shipment from Louisiana to Manila. Trial court and Court of Appeals held ATI solidarily liable with vessel owners for damages. Supreme Court reversed, finding respondent failed to prove actual shortage existed. Court noted bill of lading's 'shipper's weight, quantity unknown' clause meant carrier was oblivious to cargo contents, making stated weight unreliable. Testimony regarding cargo weight was hearsay without personal knowledge. The 6.05% alleged shortage fell within contractual 10% allowable variance. Court found shortage likely resulted from inherent characteristics of soybean meal losing moisture during 36-day transit from cold Louisiana winter to warm Philippine climate. Survey methods using barge displacement were deemed inaccurate and unreliable, insufficient to establish liability.