sic itur ad astra

Facts: On August 23, 1993, Kinsho-Mataichi Corporation shipped 197 metal containers/skids of tin-free steel from Kobe, Japan, to San Miguel Corporation (SMC) in Manila via M/V Golden Harvest, owned by Westwind Shipping Corporation. The shipment, valued at US$184,798.97, was insured by UCPB General Insurance Co., Inc. Upon arrival on August 31, 1993, six containers were damaged during unloading due to forklift mishandling by Ocean Terminal Services, Inc. (OTSI), resulting in a total of 15 damaged containers upon delivery to SMC’s warehouse. Six containers were damaged during unloading by the arrastre operator, Asian Terminals, Inc. (ATI) , using forklifts. SMC’s customs broker, Orient Freight International, Inc. (OFII) , discovered nine more containers damaged after delivery. SMC filed claims against UCPB, Westwind, ATI, and OFII, and UCPB paid SMC ₱292,732.80 for the damages. UCPB sued Westwind, ATI, and OFII. RTC: Dismissed UCPB’s complaint, ruling that the claim against ATI had pres...

Facts: On June 13, 1990, Marubeni American Corporation shipped 3,150 metric tons of wheat to General Milling Corporation in Manila, valued at $423,192.35. The shipment was insured by Prudential Guarantee and Assurance, Inc. for P14,621,771.75. The vessel arrived in Manila on July 25, 1990. Asia Lighterage and Shipping, Inc. was contracted to deliver the cargo to the consignee's warehouse. On August 15, 1990, 900 metric tons were loaded onto barge PSTSI III. Transport was suspended on August 17 due to an incoming typhoon. On August 22, 1990, the barge was moved to Engineering Island for shelter but sustained damage, leading to a Marine Protest filed on August 28. After repairs, the barge resumed its journey on September 5, but it ran aground and sank on September 6, resulting in the total loss of the remaining cargo. A second Marine Protest was filed on September 7. A bidding on September 14, 1990, sold the salvaged wheat for P201,379.75. The consignee filed claims against both ...