Professional Documents
Culture Documents
The appeal is without merit. The plaintiff-appellant, as insurer, after paying the
The purpose of the bill of lading is to provide for the claim of the insured for damages under the
rights and liabilities of the parties in reference to the insurance, is subrogated merely to the rights of the
assured. As subrogee, it can recover only the
contract to carry. 6 The stipulation in the bill of
amount that is recoverable by the latter. Since the
lading limiting the common carrier's liability to the
right of the assured, in case of loss or damage to
value of the goods appearing in the bill, unless the
the goods, is limited or restricted by the provisions
shipper or owner declares a greater value, is valid
and binding. This limitation of the carrier's liability in the bill of lading, a suit by the insurer as subrogee
7
necessarily is subject to like limitations and
is sanctioned by the freedom of the contracting
restrictions.
parties to establish such stipulations, clauses,
The insurer after paying the claim of (shortlanded, Exhibit "H") or P456.14 and P653.53,
the insured for damages under the respectively, in Philippine Currency. The peso
insurance is subrogated merely to the equivalent was based by the consignee on the
rights of the insured and therefore exchange rate of P2.015 to $1.00 which was the
can necessarily recover only that to rate existing at that time. We find, therefore, that
what was recoverable by the insured. the trial court committed no error in adopting the
12
aforesaid rate of exchange.
Upon payment for a total loss of WHEREFORE, the appealed decision is hereby
goods insured, the insurance is only affirmed, with costs against the plaintiff-appellant.
subrogated to such rights of action as Barredo, Aquino, Concepcion, Jr. and and Martin, JJ.,
the assured has against 3rd persons concur.
who caused or are responsible for the
loss. The right of action against Justice Enrique M. Fernando (Chairman), is on leave.
another person, the equitable interest Justice Ruperto G. Martin was designated to sit in
in which passes to the insurer, being the Second Division.
only that which the assured has, it
follows that if the assured has no such
right of action, none passes to the Footnotes
insurer, and if the assured's right of
1 CA-G.R. No. 36295-R.
action is limited or restricted by
lawful contract between him and the 2 Civil Case No. 47720.
person sought to be made 3 Record on Appeal, p. 29.
responsible for the loss, a suit by the
insurer, in the Tight of the assured, is 4 Decision, pp. 22-23, Record on
subject to like limitations or Appeal.
restrictions. 13 5 Complaint, par. 8, p. 4, Record on
Equally untenable is the contention of the plaintiff- Appeal.
appellant that because of extraordinary inflation, it 6 The Roanoke 59 F. 161, 165.
should be reimbursed for its dollar payments at the
rate of — exchange on the date of the judgment and 7 Article 1749, Civil Code.
not on the date of the loss or damage. The 8 Article 1306, Ibid.; H. E. Heacock
obligation of the carrier to pay for the damage Co. v. Macondray & Co., 42 Phil. 205.
commenced on the date it failed to deliver the
shipment in good condition to the consignee. 9 Articles 1744, No. 3 and 1750, Ibid.
The C.I.F. Manila value of the goods which were lost 10 See Articles 1744 to 1749, Ibid.
or damaged, according to the claim of the 11 Said amount of P1,109.67 is
consignee dated September 26, 1960 is $226.37 itemized as follows:
(for the pilferage, Exhibit "G") and $324.33
STATEMENT OF CLAIM
M P Des U A
a k cript ni m
r g ion t o
k s of u
s Mer n
cha t
& ndis
e
N
o
s
W P
i I
n L
t F
h E
r R
o A
p G
- E
S
t
e
a
r
n
s
I (
n E
c x
. h
i
M b
a i
n t
i s
l
a "
G
"
&
"
I
"
)
M
a
d
e
i
n
U
S
A
n 1 540 $ $
o lbs. 0. 1
. S CAR 2 4
/ AME 6 0
1 D L / .
1 r Emp n 4
4 u ty o. 0
m
n 2 45.3 1. 5
o 6 3 9
. C Kls. 2 .
t MAG / 8
1 n NESI K 8
3 s UM
0 .
/
1
STE
ARA
TE
n 1 4.13
o ")
. C MET
t HYL
2 n SALI
0 . CYL
0 ATE
n 1 1.43 1. 2
o " ") 7 5
. 15.1 0 .
4K / 7
2 K 4
1
0
n 1 9.58
o " ")
.
1
9
1
n 1 12
o " Pcs.
. PHA
RMA
2 CEU
4 TICA
9 L
VIAL 4. .
S5 2 3
cc 0 5
/
G
r
6 C.I.F $
. 2
P Man 2
k ila 6
g .
s 3
. 7
at P
201. 4
50 5
Phil. 6
Curr .
enc 1
y 4
SHORT-LANDED
(Exhibits "H" & "J")
no: 1 4 $ $
10 Ct 3 1 6
2 n. 2 . 4
5 8
B 0 .
o / 0
t 0
s
.
A
F
A
X
I
N
2
5
M
U
1
0
0
'
s
B
o
t.
L 3
e 2
s 3
s .
6
S 7
p
e
c
.
P
r
o
m
.
D
i
s
c
o
u
n
t
C $
. 3
I 2
. 4
F .
. 3
3
M
a
n
i
l
a
a P
t 6
5
2 3
0 .
1 5
. 3
5
0
P
h
i
l
.
C
u
r
r
e
n
c
y
12 Rizal Co. of
Surety & Brooklyn
Insurance v. Eric and
Co. v. Western
Manila Transporta
Railroad tion Co.,
Co., 23 29 U.S. L.
SCRA 205. ed., 873.
Emphasis Emphasis
supplied. supplied.
13 Phoenix
Insurance