Marina Port Services v. American Home Assurance Corporation

Summary

This case involves American Home Assurance Corporation's subrogation suit against arrastre operator Marina Port Services, Inc. for cargo loss. AHAC insured 10 container vans of flour shipped from Singapore to Philippines. Upon delivery to consignee MSC, 1,650 bags worth P257,083.00 were missing. AHAC paid the loss and sued MPSI claiming negligence. The RTC dismissed the case, but the CA reversed, applying presumption of fault against arrastre operators. The Supreme Court ultimately sided with MPSI, finding that gate passes signed by MSC's representative without protest constituted delivery in good condition. The Court held no competent evidence showed containers were reopened after customs resealing, and noted the 'Shipper's Load and Count' arrangement made cargo protection the consignee's responsibility. The case establishes important precedent on arrastre operator liability and burden of proof in cargo loss claims.