Beruflich Dokumente
Kultur Dokumente
Facts:
July 6, 1983 Coca-cola loaded on board MV Asilda, owned and
operated by Felman, 7,500 cases of 1-liter Coca-Cola soft drink
bottles to be transported to Zamboanga City to Cebu. The shipment
was insured with Philamgen.
July 7, the vessel sank in Zamboanga del Norte. July 15, cocacola
filed a claim with respondent Felman for recovery of damages.
Felman denied thus prompted cocacola to file an insurance claim
with Philamgen. Philamgen later on claimed its right of
subrogation against Felman which disclaimed any liability for the
loss.
Philamgen alleged that the sinking and loss were due to the
vessel's unseaworthiness, that the vessel was improperly manned
and its officers were grossly negligent. Felman filed a motion to
dismiss saying that there is no right of subrogation in favor of
Philamgen was transmitted by the shipper.
Ruling:
(a) The vessel was unseaworthy. The proximate cause thru the
findings of the Elite Adjusters, Inc., is the vessel's being top-
heavy. Evidence shows that days after the sinking coca-cola
bottles were found near the vicinity of the sinking which would
mean that the bottles were in fact stowed on deck which the
vessel was not designed to carry substantial amount of cargo on
deck. The inordinate loading of cargo deck resulted in the
decrease of the vessel's metacentric height thus making it
unstable.
(b) Art. 587 of the Code of Commerce is not applicable, the agent
is liable for the negligent acts of the captain in the care of
the goods. This liability however can be limited through
abandonment of the vessel, its equipment and freightage.
Nonetheless, there are exceptions wherein the ship agent could
still be held answerable despite the abandonment, as where the
loss or injury was due to the fault of the ship owner and the
captain. The international rule is that the right of abandonment
of vessels, as legal limitation of liability, does not apply to
cases where the injury was occasioned by the fault of the ship
owner. Felman was negligent, it cannot therefore escape
liability.