June 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 181609 : June 13, 2012]
ASIAN TERMINALS, INC. v. PHILAM INSURANCE CO., INC.
G.R. No. 181609 (Asian Terminals, Inc. v. Philam Insurance Co., Inc.); and G.R. No. 181716 (Breakbulk Marine Services and Uni-Ship Inc. v. Philam Insurance Co., Inc.)
RESOLUTION
After a careful review of the records of the case, the Court finds no reversible error in the assailed Decision of the Court of Appeals (CA) holding that the presentation of the subrogation receipt was sufficient to vest in respondent Philam Insurance Co., Inc, (Philam) a cause of action for damages against the parties which handled the insured goods. As consistently held by this Court, the right to be subrogated to the rights of the assured is not dependent upon, nor does it grow out of, any privity of contract or upon written assignment of credit, but accrues simply upon payment of the insurance claim.[1] It is only subject to the limitations that (1) both the insurer and the consignee are bound by the contractual stipulations under the bill of lading; and (2) the insurer can be subrogated only to the rights as the insured may have against the wrongdoer,[2] both of which have been met in this case. By the issuance of Marine Certificate No. 708-8004779-3,[3] respondent Philam confirmed that the shipments under the subject bill of lading were covered by a marine insurance contract between it and consignee California Manufacturing Company, Inc. (CMCI). On the other hand, the subrogation receipt[4] specified the extent of the right it acquired from CMCI to recover its loss. Consequently, the presentation of the marine insurance policy was not indispensable to Philam's claim for recoupment of the payment it made to cover CMCI's claim.
Accordingly, the Court sustains the CA Decision remanding the case to the court a quo for further proceedings to determine which party is liable for the damage. cralaw
WHEREFORE, the assailed August 30, 2007 Decision of the Court of Appeals in CA-G.R. CV No. 67544 is hereby AFFIRMED. (Peralta, J., Acting Chairperson, per Special Order No. 1228 dated June 6, 2012; Villarama, Jr., J., Acting Member, in lieu of Justice Presbitero J. Velasco, Jr., per Special Order No. 1229 dated June 6, 2012.)
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court
Endnotes:
[1] Keppel Cebu Shipyard. Inc. v: Pioneer Insurance & Surety Corp., G.R.Nos. 180880-81, September 25, 2009, 601 SCRA 96, 142; Aboitiz Shipping Corporation v. Insurance Company of North America, G.R. No. 168402, August 6, 2008, 561 SCRA 262, 277.[2] Aboitiz Shipping Corporation v. Insurance Company of North America, supra.
[3] Rollo of G.R. No. 181609, p. 100.
[4] Id. at 119.