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    Phoenix Assurance v. US Lines Case Digest

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    Json Brioso
    The document discusses a case where Phoenix Assurance sued US Lines for compensation after two crates were lost while in the custody of Manila Port Service. The RTC dismissed the case. The appellate court affirmed, finding that US Lines was not liable as the goods were not in its actual custody when lost.

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    Phoenix Assurance v. US Lines Case Digest

    Uploaded by

    Json Brioso
    31 views1 page
    The document discusses a case where Phoenix Assurance sued US Lines for compensation after two crates were lost while in the custody of Manila Port Service. The RTC dismissed the case. The appellate court affirmed, finding that US Lines was not liable as the goods were not in its actual custody when lost.

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    The document discusses a case where Phoenix Assurance sued US Lines for compensation after two crates were lost while in the custody of Manila Port Service. The RTC dismissed the case. The appellate court affirmed, finding that US Lines was not liable as the goods were not in its actual custody when lost.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    31 views1 page

    Phoenix Assurance v. US Lines Case Digest

    Uploaded by

    Json Brioso
    The document discusses a case where Phoenix Assurance sued US Lines for compensation after two crates were lost while in the custody of Manila Port Service. The RTC dismissed the case. The appellate court affirmed, finding that US Lines was not liable as the goods were not in its actual custody when lost.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    PHOENIX ASSURANCE VS.

    US LINES
    Petition = DENIED

    FACTS:
    • General Motors shipped and consigned on a CIF basis to Davao Parts and Service, Inc.
    at Davao City from New York aboard the United States Lines' vessel SS "Pioneer Moor"
    a cargo of truck spare parts in 25 cases and 4 crates, which United States Lines issued a
    short form bill of lading. Short form bill of lading indicated Manila as port of discharge
    • shipment was insured against loss and damage with Phoenix Assurance Co., Ltd.
    • SS "Pioneer Moor" on July 28, 1962 discharged at Manila to the custody of the Manila
    Port Service, with the exception of two cases. United States Lines, filed a provisional
    claim against the Manila Port Service for short-landed, short-delivered and/or landed
    in bad order cargo ex-United States Lines' vessel. The remaining goods were
    transshipped by United State Lines to Davao.
    • On August 30, 1962, the aforedescribed cargo, with the exception of Crates Nos. 3139
    and 3148 which were not discharged at the Manila Port, and Crates Nos. 3648 and
    3649 which were discharged at the Manila Port but were lost in the custody of the
    Manila Port Service.
    • Davao Parts and Service, Inc. filed on December 26, 1962 a formal claim with the
    United States Lines for the two crates that were lost. United State Lines after proper
    verification paid the value representing the two lost crates. It was later discovered that
    the two crates overlanded in Honolulu. The sum of P1,458.25, were later recovered and
    returned to Davao Parts and Service, Inc. and the latter refunded United States Lines
    for the sum it paid.
    • United State Lines refused to pay for the two crates which were lost while in the
    custody of Manila Port Service Company Ltd. agent of Phoenix Assurance Co., Ltd., in
    the Philippines, and insurer of Davao Parts and Service, Inc., paid to the latter the
    value of said crates in the sum of P552,12.
    • United States Lines, through the Columbian Rope Company, by letter informed the
    Davao Parts and Service, Inc. that it was filing a claim for the undelivered crates with
    the Manila Port Service.
    • Phoenix Assurance Co., Ltd. on July 29, 1963 filed a suit praying that judgment be
    rendered against the defendant for the sum of P552.12.

    RTC = DISMISSED

    ISSUE: WON the lower court erred in dismissing the complaint and in exonerating defendant-
    appellee from liability for the value of the two undelivered crates Nos. 3648 and 3649.

    RULING:
    • contract is the law between the contracting parties, 6 and where there is nothing in it
    which is contrary to law, morals, good customs, public policy, or public order, the
    validity of the contract must be sustained.
    • "The carrier shall not be liable in any capacity whatsoever for any loss or damage to
    the goods while the goods are not in its actual custody."
    • By receiving the bill of lading, Davao Parts and Services, Inc. assented to the terms of
    the consignment contained therein, and became bound thereby, so far as the
    conditions named are reasonable in the eyes of the law.

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