MAERSK SERIES vs . LOS ANGELES
G. L. No . 94761, May seventeen, 1993
DETAILS: Petitioner Maersk Line is engaged in the transportation of products by marine, doing business inside the Philippines through its basic agent, Compania de Tabacos de Filipinas, while personal respondent Efren Castillo may be the proprietor of Ethegal Labs, a firm engaged in the make of pharmaceutical drug products.
About Nov. doze, 1976, Errar ordered via Eli Lilly, Inc. of Puerto Rico 600, 000 empty gelatin capsules pertaining to the produce of his pharmaceutical goods. The supplements were placed in 6 percussion of 100, 000 supplements each valued at US$1, 668. 71. Shipper Eli Lilly, Inc. advised Alcazaba through a Memorando of Shipment that the products were already shipped on board MV " Anders MaersklineвЂќ for transport to the Israel via Oakland, California. In said Nota, shipper Eli Lilly, Inc. specified the date of arrival to get April three or more, 1977.
Nevertheless , for unknown reasons, said cargoes of capsules had been mis-shipped and diverted to Richmond, Virginia, UNITED STATES and then carried back to Oakland, California, USA and with the products finally arriving in the Korea on June 10, 1977 or after two (2) a few months from the time specified inside the memorandum. Consignee Castillo refused to take delivery of the products on account of their failure to arrive on time, and filed an action for rescission of deal with damages against Maersk Line and Eli Lilly alleging gross negligence and undue postpone.
Denying which it committed infringement of contract, petitioner so-called in its solution that the subject shipment was transported in accordance with the provisions of the NCC covering bill of lading and that the liability beneath the law in transportation great attaches just in case of reduction, destruction or deterioration of the goods as intended for in Article 1734 of Civil Code. Due to its part, Eli Lilly in its cross state argued which the delay was due exclusively to the carelessness of Maersk Line.
The Trial Court ignored the issue...