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EN BANC

G.R. No. L-17047 April 28, 1962

ATLANTIC MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, vs. MANILA PORT TERMINAL and/or MANILA RAILROAD COMPANY, Defendants-Appellees.

William H. Quasha for plaintiff-appellant.
D. F. Macaranas for defendants-appellees.

BENGZON, C.J.:chanrobles virtual law library

Sued in the Manila Court of First Instance for the recovery of P391.59 plus costs, the above defendants moved to dismiss on the ground of lack of jurisdiction by reason of the amount involved - it did not exceed P2,000.00 - (sec. 44[c], Republic Act No. 296).chanroblesvirtualawlibrarychanrobles virtual law library

Opposing the motion, the plaintiff maintained the court's jurisdiction, arguing that the subject matter of the action related to admiralty and maritime commerce. The Hon. Magno Gatmaitan, judge, upheld defendants' contention and dismissed the case. Hence, this appeal.chanroblesvirtualawlibrarychanrobles virtual law library

Atlantic Mutual Insurance Company complained of the above defendants as the operators of the arrastre service in the Port of Manila. It alleged in substance, that a certain U.S. corporation shipped at New York for Manila, three cartons of medicines consigned to Pfizer Laboratories (Phil.) Inc.; that such shipment was covered by a bill of lading and was insured with herein plaintiff insurance company; that the cartons were unloaded at the Port of Manila in good order and delivered to defendants; and that the latter in turn delivered the same, with damages and shortages amounting to P391.59 to the consignee.chanroblesvirtualawlibrarychanrobles virtual law library

This appeal has no merit. The matter involved no adimiralty jurisdiction, as we have held in our opinion of November 29, 1960, deciding the cases of Atlantic Mutual Insurance Co. vs. Manila Port Service, G.R. Nos. L-15618 and 16116 and Insurance Company of North America vs. Manila Port Service, G.R. No. L-16000. We reaffirmed this opinion in Delgado Brothers, Inc. vs. Home Insurance Co., G.R. No. L-16567, March 27, 1961.chanroblesvirtualawlibrarychanrobles virtual law library

CONSEQUENTLY, the appealed order is hereby affirmed, with costs against appellant. So ordered.

Padilla, Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L., Paredes and Dizon, JJ., concur.