belgian overseas chartering and shipping

7/25/2019 Belgian Overseas Chartering and Shipping

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Belgian Overseas Chartering and Shipping, N.V. vs. Phil. First Ins.Co. G.R. No. 143133 !ne " #$$#

Facts:

CMC Trading A.G. shipped on board the MN Anangel Sky at Hab!rg" Gerany #$#coils o% &ario!s 'rie Cold (olled Steel sheets %or transportation to Manilaconsigned to the 'hilippine Steel Trading Corporation. )n *!ly #+" ,--" MN AnangelSky arri&ed at the port o% Manila and" /ithin the s!bse0!ent days" discharged thes!b1ect cargo. Fo!r 2$3 coils /ere %o!nd to be in bad order 4.). Tally sheet No.,5$-6$. Finding the %o!r 2$3 coils in their daaged state to be !n7t %or the intendedp!rpose" the consignee 'hilippine Steel Trading Corporation declared the sae astotal loss.

8espite receipt o% a %oral deand" 'hil. First ins!rance re%!sed to s!bit to theconsignees clai. Conse0!ently" 4elgian )&erseas paid the consignee'59"+9.5" and /as s!brogated to the latters rights and ca!ses o% action againstde%endantsappellees. S!bse0!ently" plainti;appellant instit!ted this coplaint %orreco&ery o% the ao!nt paid by the" to the consignee as ins!red.

ciency o% packing thereo%" or to the act or oission o% the shipper o% thegoods or their representati&es.


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characteristics o% the goods tendered %or shipent" and to e?ercise d!e care in thehandling and sto/age" incl!ding s!ch ethods as their nat!re re0!ires.@ Thee?traordinary responsibility lasts %ro the tie the goods are !nconditionally placedin the possession o% and recei&ed %or transportation by the carrier !ntil they aredeli&ered" act!ally or constr!cti&ely" to the consignee or to the person /ho has aright to recei&e the.

)/ing to this high degree o% diligence re0!ired o% the" coon carriers" as ageneral r!le" are pres!ed to ha&e been at %a!lt or negligent i% the goods theytransported deteriorated or got lost or destroyed. That is" !nless they pro&e thatthey e?ercised e?traordinary diligence in transporting the goods.


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strengthens the sae. hat /as gi&en by the present Constit!tion /as ere

s!per&isory po/er.

cials.

HI8: Jes. Ganon is !nder the ipression that the Constit!tion has le%t the

'resident ere s!per&isory po/ers" /hich s!pposedly e?cl!des the po/er o%

in&estigation" and denied her control" /hich allegedly ebraces disciplinary

a!thority.


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Facts: 4enito Maca" doing b!siness !nder nae 4enMac Interprises" shipped on

board &essel Nen*iang" o/ned and operated by respondent China )cean Shipping

Co. thro!gh local agent alle 'hilippines Shipping


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To ipleent the said tele? instr!ction" the deli&ery o% the shipent !st be to

G'C" the noti%y party or real iporter=b!yer o% the goods and not the 'AK

belgian overseas chartering and shipping

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