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    National Development Corporation v. Court of Appeals

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    Reth Guevarra
    The National Development Corporation sued the Court of Appeals to recover damages from the loss of cargo when the vessel "Dona Nati" was involved in a collision in Japanese waters. The cargo was being transported from the US and Japan to the Philippines. The Supreme Court held that for cargo transported from other countries to the Philippines, the carrier's liability is governed by the Civil Code and Code of Commerce. While the collision occurred in foreign waters, the Code of Commerce provisions on collision apply where the Civil Code does not regulate. Therefore, the plaintiff could not recover damages from the owner and agent of the vessel under Philippine law.

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    National Development Corporation v. Court of Appeals

    Uploaded by

    Reth Guevarra
    111 views1 page
    The National Development Corporation sued the Court of Appeals to recover damages from the loss of cargo when the vessel "Dona Nati" was involved in a collision in Japanese waters. The cargo was being transported from the US and Japan to the Philippines. The Supreme Court held that for cargo transported from other countries to the Philippines, the carrier's liability is governed by the Civil Code and Code of Commerce. While the collision occurred in foreign waters, the Code of Commerce provisions on collision apply where the Civil Code does not regulate. Therefore, the plaintiff could not recover damages from the owner and agent of the vessel under Philippine law.

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    National Development Corporation v. Court of Appeals

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    The National Development Corporation sued the Court of Appeals to recover damages from the loss of cargo when the vessel "Dona Nati" was involved in a collision in Japanese waters. The cargo was being transported from the US and Japan to the Philippines. The Supreme Court held that for cargo transported from other countries to the Philippines, the carrier's liability is governed by the Civil Code and Code of Commerce. While the collision occurred in foreign waters, the Code of Commerce provisions on collision apply where the Civil Code does not regulate. Therefore, the plaintiff could not recover damages from the owner and agent of the vessel under Philippine law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    111 views1 page

    National Development Corporation v. Court of Appeals

    Uploaded by

    Reth Guevarra
    The National Development Corporation sued the Court of Appeals to recover damages from the loss of cargo when the vessel "Dona Nati" was involved in a collision in Japanese waters. The cargo was being transported from the US and Japan to the Philippines. The Supreme Court held that for cargo transported from other countries to the Philippines, the carrier's liability is governed by the Civil Code and Code of Commerce. While the collision occurred in foreign waters, the Code of Commerce provisions on collision apply where the Civil Code does not regulate. Therefore, the plaintiff could not recover damages from the owner and agent of the vessel under Philippine law.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    recover said amount from the NDC and MCP as owner and ship

    National Development Corporation agent respectively, of the said ‘Dofia Nati’ vessel.

    v. Court of Appeals ISSUE:

    G.R. No. L-49407, 19 August 1988, 164 SCRA 593 Which laws govern loss or destruction of goods due to collision of
    vessels outside Philippine waters?
    FACTS:
    HELD:
    NDC as the first preferred mortgagee of three ocean going vessels
    including one with the name ‘Dona Nati’ appointed MCP as its This issue has already been laid to rest by this Court in Eastern
    agent to manage and operate said vessel for and in its behalf and Shipping Lines Inc. v. IAC where it was held under similar
    account. Thus, the E. Philipp Corporation of New York loaded on circumstance “that the law of the country to which the goods are to
    board the vessel “Dona Nati” at San Francisco, California, a total be transported governs the liability of the common carrier in case
    of 1,200 bales of American raw cotton consigned to the order of of their loss, destruction or deterioration” (Article 1753, Civil Code).
    Manila Banking Corporation, Manila and the People’s Bank and Thus, the rule was specifically laid down that for cargoes
    Trust Company acting for and in behalf of the Pan Asiatic transported from Japan to the Philippines, the liability of the carrier
    Commercial Company, Inc., who represents Riverside Mills is governed primarily by the Civil Code and in all matters not
    Corporation. Also loaded on the same vessel at Tokyo, Japan, regulated by said Code, the rights and obligations of common
    were the cargo of Kyokuto Boekui, Kaisa, Ltd., consigned to the carrier shall be governed by the Code of commerce and by laws
    order of Manila Banking Corporation consisting of 200 cartons of (Article 1766, Civil Code). Hence, the Carriage of Goods by Sea
    sodium lauryl sulfate and 10 cases of aluminum foil. Act, a special law, is merely suppletory to the provision of the Civil
    Code.
    En route to Manila the vessel Dofia Nati figured in a collision at Ise
    Bay, Japan with a Japanese vessel ‘SS Yasushima Maru’ as a It is immaterial that the collision actually occurred in foreign waters,
    result of which 550 bales of aforesaid cargo of American raw cotton such as Ise Bay, Japan. It appears, however, that collision falls
    were lost and/or destroyed. The damaged and lost cargoes were among matters not specifically regulated by the Civil Code, so that
    paid by the insurer to the Riverside Mills Corporation as holder of no reversible error can be found in respondent courses application
    the negotiable bills of lading duly endorsed. to the case at bar of Articles 826 to 839, Book Three of the Code
    of Commerce, which deal exclusively with collision of vessels.
    Also considered totally lost were the aforesaid shipment of
    Kyokuto, Boekui Kaisa Ltd., consigned to the order of Manila
    Banking Corporation, Manila, acting for Guilcon, Manila. The total
    loss was paid by the insurer to Guilcon as holder of the duly
    endorsed bill of lading. Hence, plaintiff filed this complaint to

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