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In the second, it was held that where the suit against the
carrier is predicated upon a contract of carriage by sea, the
same is one in admiralty and thus falls within the
jurisdiction of the Court of First Instance.
In the third, the Court ruled:
The prevailing rule is that a consignee, when uncertain of the place
and time of the loss or damage to its goods, may in one case seek
relief alternatively, against the arrastre operators under a contract
of deposit and the steamship company under a contract of carriage
by sea. The action calls for the exercise of admiralty jurisdiction
which municipal courts do not have, and is within the original
See also Rizal Surety & Insurance Co. v. MRR, et al., L21623, April 30, 1966, 16 SCRA 912; and Switzerland
General Insurance Co. v. Java Pacific & Hoegh Lines, et al.,
L-21760, April 30, 1966, 16 SCRA 916.
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