Cargo damage liability of arrastre operator and carrier

Sometime in April 1995, Nich Corp shipped to Universe Motors [UM] 219 packages containing 120 units of brand new pick-up trucks, without engine, tires…

Prescription Period for Questioning Propriety of Entry, Settlement of Duties

Can the Philippine Bureau of Customs question propriety of entry and settlement of duties beyond one year from date of payment of final duties?…

Who Gets to Decide Degree of Disability of Seafarer?

In determining the degree of disability of a seafarer, should the assessment of the company-designated physician prevail over that of the physician appointed by…

Exemption of arrastre operator from negligence rule

Can the arrastre operator be exempt from the presumption of the fault/negligence rule?   Yes. And this is the story.   Sometime in 1989,…

Freight forwarder joint liability with ocean carrier

Is the freight forwarder solidarily liable with the ocean carrier?   Yes. And this is the story.   Sometime in 2000, Artis Trading Phils,…

The Rotterdam Rules

The Rotterdam Rules is the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partially by Sea.  It is a…

Reliability of draught surveys

IS a draft survey reliable? No. And this is the story.   On November 25, 1995, C Export Co. allegedly loaded on board the…

Fraud in insurance claims

Can the incidence of fraud void an insurance claim/policy? YES.  And this is the story.   On 12 June 1990, a fire gutted the…

Package Inspection By A Forwarder

Can a forwarder/courier company inspect package/s to be shipped? Yes and this is why.   On August 8, 1987, Andres Martin went to the…

COGSA One-Year Prescriptive Period

CAN the one-year COGSA rule benefit the marine insurer? No, and this is the story. Sometime in 1993, New Word Dev. Corp. (NWDC) imported…

Consignee’s Liability to Delivery Agent

IS the consignee liable for expenses incurred by the delivery agent? Yes, and this is the story. In March 1979, Freeport Traders, Inc (FTI)…