Froilan Lopez v. Salvador… · G.R. 19189

Petitioner: Froilan Lopez
Respondent: Salvador V. del Rosario
Citation: G.R. No. 19189
Court: Supreme Court En Banc
Division: En Banc
Ponente: Malcolm, J.
Decided: November 27, 1922

Summary

Lopez stored copra in Del Rosario's bonded warehouse under warehouse receipts with declared value of P107,990.40. When fire destroyed the warehouse on June 6, 1920, Del Rosario collected P414,258 from insurance companies through arbitration but refused to pay Lopez his claimed P88,595.43. The Supreme Court ruled that Del Rosario acted as Lopez's agent in securing insurance, making her liable for his proportionate share of insurance proceeds. However, Lopez must bear his proportionate share of collection expenses and outstanding fees. The Court applied Civil Code Article 1108 for 6% annual interest rather than the 12% claimed. This case establishes important precedents regarding warehouse keeper liability for insurance proceeds and the agency relationship in bailment contracts involving insurance coverage.

Statutes applied

Civil Code, Art. 1108

Related cases

Other Philippine cases on the same provisions and issues.

Pomposa Bonjoc v. Candelario Cuison G.R. No. 3413
Santiago Tin Fian v. Pablo Tan G.R. No. 4235
The Chinese Chamber of Commerce v. Pua Te Ching G.R. No. 5194
Remedios Tiongson de Lugay v. Domingo C. Basilio G.R. No. 48870
Salvador Sapugay v. Natividad Capus Bobis G.R. No. 59981
Francisco Gonzalez Quiros v. Carlos Palanca Tan-Guinlay G.R. No. 1904
Jose S. Ramiscal, Jr. v. Commission On Audit G.R. No. 213716
East Asia Traders v. Republic of the Philippines G.R. No. 152947

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By the Intellegal Editorial Board · November 27, 1922

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