Philippine Charter Insurance Corporation vs. Unknown Owner of the Vessel M/V “National Honor” and International Container Sevices, Inc.
G.R. No. 161833, July 8, 2005
FACTS:
J. Trading Co. Ltd. of Seoul, Korea, loaded a shipment of four units of parts and accessories packed in two wooden crates in the port of Busan, Korea, on board the vessel M/V “National Honor,” represented in the Philippines by its agent, National Shipping Corporation of the Philippines (NSCP). The shipment was for delivery to Manila, Philippines.
Upon arrival at Manila International Container Terminal, the Bill of Lading and list were given to International Container Terminal Service, Inc. The inspection showed that it was in good condition. The cargo was unloaded by first attaching 2 sling cables on each of the crate where arrows were indicated. At about five (5) feet high above the ground, the mid-portion of the wooden flooring snapped in the air. All the contents crashed down hard resulting to damaged goods which could no longer be used for its intended purpose.
ISSUE:
Whether or not the loss, damage or destruction of the goods was due to the defect in packing or in the containers.
RULING:
YES. The loss was due to the excepted cause which is the character of the goods or defects in the packing or in the containers. It was found that the middle wooden batten had a hole and it was not strong enough to support the weight of the shipment. It also failed to indicate an arrow in the middle portion of the cargo where the additional sling could be attached as the normal procedure was to attach the sling cables only on those portions of the crate where the arrow signs were placed.
Myline Cordial 
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