Asian Terminals v. Philam · G.R. 181163

Petitioner: Asian Terminals
Respondent: Philam Insurance Co.
Citation: G.R. No. 181163
Court: Supreme Court
Division: First Division
Ponente: Villarama, Jr., J.
Decided: July 24, 2013

Summary

This consolidated case involved liability for cargo damage during maritime transport operations in 1995. Nissan truck parts shipped from Japan to Philippines were damaged during unloading when ATI stevedores used an overtightened cable sling while under Westwind's supervision. The Supreme Court affirmed joint liability of the carrier (Westwind) and arrastre operator (ATI) for P190,684.48 representing damage to one Frame Axle Sub, finding that cargo remained under carrier's custody during discharge despite ATI's physical handling. The Court upheld insurance subrogation rights and ruled the action was timely filed, but reduced interest from 12% to 6% per annum as the obligation did not constitute a monetary loan. The decision clarifies carrier liability during cargo discharge operations and limits of arrastre operator liability exclusions.

Statutes applied

Civil Code, Art. 2209

Related cases

Other Philippine cases on the same provisions and issues.

Land Bank of the Philippines v. Alfredo Ong G.R. No. 190755
Rosalina Ricafuente v. Oriental Construction G.R. No. 249306
Francisco G. Chan v. Bank of the Philippine Islands G.R. No. 247776
Philippine Commercial v. William Golangco Construction Corporation G.R. No. 195372
Philippine National Bank v. Lilibeth S. Chan G.R. No. 206037
Ibm Philippines v. Prime Systems Plus G.R. No. 203192
Spouses Bayani H. Andal v. Philippine National Bank G.R. No. 194201
Spouses Nameal v. Spouses Juan G.R. No. 172346

By the Intellegal Editorial Board · July 24, 2013

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