Professional Documents
Culture Documents
(GAFLAC)
Facts
M/V Aboitiz, a common carrier, sank on a voyage from HK to PH on Oct. 31, 1980. The incident of said
vessel’s sinking gave rise to the filing of suits for recovery of lost cargo either by the shippers, their
successor-in-interest, or the cargo insurers like GAFLAC as subrogees.
The board of Marine Inquiry found that the sinking was due to force majeure and that the vessel was
seaworthy.
But RTC ruled the opposite (cause of sinking not force majeure). GAFLAC was awarded its claim.