Legal Insights
Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.
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When Is a Shipping Company a Common Carrier? Lessons from Philamgen v. PKS Shipping
A Supreme Court ruling clarifies when a shipping firm is a common carrier and how extraordinary diligence affects liability for lost cargo.
Breach of Charter Agreement: Contractual Obligations and Remedies in Shipping Law
A Supreme Court ruling on charter party breach, ambiguous contract terms, and the right to rescind under Philippine law.
Tax Exemptions Are Strictly Construed: The Sea-Land Service Ruling
Philippine tax exemptions are strictly construed. Learn how the Supreme Court denied a US shipping firm's tax refund claim in Sea-Land Service, Inc. v. CIR.
Common Carrier vs Private Carrier: Cargo Loss Liability in Philippine Shipping
Philippine Supreme Court clarifies when a shipping line is a common carrier and liable for cargo loss, rejecting "owner's risk" exemptions.
Deadfreight and Demurrage in Charter Parties: NFA v. Hongfil Shipping
Supreme Court clarifies when charterers owe deadfreight but not demurrage, and when corporate officers escape personal liability.
Shipping Delays: When the 1-Year COGSA Limit Does Not Apply in the Philippines
Philippine law distinguishes physical cargo damage from pure economic loss due to delay. Learn when the 10-year Civil Code prescriptive period applies instead of COGSA's 1-year rule.
Private vs Common Carriers: Exemption Clauses in Philippine Shipping Law
When can a shipowner validly disclaim liability for lost cargo? The Supreme Court explains the difference between private and common carriers.
Common Carriers and Cargo Loss: Understanding Liability and Due Diligence in the Philippines
Philippine Supreme Court clarifies common carrier liability for cargo loss, extraordinary diligence, and contributory negligence in shipping disputes.
Understanding Litis Pendentia: Avoiding Duplicate Lawsuits in the Philippines
Learn how litis pendentia prevents duplicate lawsuits in the Philippines, based on the Supreme Court's ruling in Cokaliong Shipping Lines v. Amin.
When Is a Shipping Company Responsible for Cargo Damage? Key Lessons from Philippine Home Assurance v. Eastern
A ship fire, salvage charges, and extra freight—who pays? The Supreme Court clarifies carrier liability and negligence in cargo shipping.
Habitual Absences vs Security of Tenure: Balancing Employee Rights and Employer Prerogatives in Dismissal Case
Philippine Supreme Court ruling on when habitual absences justify dismissal, balancing employee security of tenure against employer prerogatives in shipping.
Breach of Contract of Carriage: A Passenger's Right to Damages
When a shipping line sends out an unseaworthy vessel, it breaches its contract of carriage and may be liable for moral and exemplary damages.