- Petitioner
- Eastern Shipping Lines
- Respondent
- Bpi/Ms Insurance Corp.
- Citation
- G.R. No. 193986
- Court
- Supreme Court
- Division
- First Division
- Ponente
- Villarama, Jr., J.
- Decided
- January 15, 2014
Summary
Supreme Court affirmed lower courts' ruling holding Eastern Shipping Lines jointly liable with stevedore Asian Terminals Inc. for US$30,210.32 in damages to steel coil shipments from Japan. Three separate 2003 shipments suffered damage during transport and unloading operations at Manila port. Insurance companies BPI/MS and Mitsui Sumitomo paid consignee's claim and sued under subrogation. Court found cargo was damaged during sea voyage and further damaged by negligent unloading operations. Applying Civil Code Article 1734, SC emphasized common carriers must exercise extraordinary diligence and are presumed negligent unless proven otherwise. Case reinforces principle that carriers remain liable for cargo during unloading operations and cannot escape liability through stevedore arrangements.