Eastern Shipping Lines vs. CA
Eastern Shipping Lines vs. CA
Eastern Shipping Lines vs. CA
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*EN BANC.
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of Appeals, 139 SCRA 87; Metro Port Service vs. Court of Appeals,
131 SCRA 365). There are, of course, exceptional cases when such
presumption of fault is not observed but these cases, enumerated
in Article 1734 of the Civil Code, are exclusive, not one of which
can be applied to this case.
Same; Same; Arrastre Operator; Carrier and arrastre operator
liable in solidum for the proper delivery of the goods to the
consignee.—The question of charging both the carrier and the
arrastre operator with the obligation of properly delivering the
goods to the consignee has, too, been passed upon by the Court. In
Fireman’s Fund Insurance Co. vs. Metro Port Service, Inc. (182
SCRA 455), we have explained, in holding the carrier and the
arrastre operator liable in solidum, thus: “The legal relationship
between the consignee and the arrastre operator is akin to that of
a depositor and warehouseman (Lua Kian v. Manila Railroad Co.,
et al., 19 SCRA 5 [1967]. The relationship between the consignee
and the common carrier is similar to that of the consignee and the
arrastre operator (Northern Motors, Inc. v. Prince Line, et al., 107
Phil. 253 [1960]). Since it is the duty of the ARRASTRE to take
good care of the goods that are in its custody and to deliver them
in good condition to the consignee, such responsibility also
devolves upon the CARRIER. Both the ARRASTRE and the
CARRIER are therefore charged with the obligation to deliver the
goods in good condition to the consignee.”
Same; Same; Same; The Supreme Court is not implying,
however, that the arrastre operator and the customs broker are
themselves always and necessarily liable solidarily with the
carrier, or viceversa, nor that attendant facts in a given case may
not vary the rule.—We do not, of course, imply by the above
pronouncement that the arrastre operator and the customs broker
are themselves always and necessarily liable solidarily with the
carrier, or viceversa, nor that attendant facts in a given case may
not vary the rule. The instant petition has been brought solely by
Eastern Shipping Lines which, being the carrier and not having
been able to rebut the presumption of fault, is, in any event, to be
held liable in this particular case. A factual finding of both the
court a quo and the appellate court, we take note, is that “there is
sufficient evidence that the shipment sustained damage while in
the successive possession of appellants” (the herein petitioner
among them). Accordingly, the liability imposed on Eastern
Shipping Lines, Inc., the sole petitioner in this case, is inevitable
regardless of whether there are others solidarily liable with it.
Damages; Interest Rates; Rules of thumb for future guidance
in the award of damages and interest rates.—The ostensible
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VITUG,J.:
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‘As to the first issue, there can be no doubt that the shipment
sustained losses/damages. The two, drums were shipped in good
order and condition, as clearly shown by the Bill of Lading and
Commercial Invoice which do not indicate any damages drum that
was shipped (Exhs. B and C). But when on December 12, 1981 the
shipment was delivered to defendant Metro Port Service, Inc., it
excepted to one drum in bad order.
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