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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Timely Claims and Limited Liability: Arrastre Operator Obligations in Cargo Damage Cases
A Supreme Court ruling clarifies when cargo damage claims against arrastre operators are timely filed and how liability limits apply.
Arrastre Operator Liability: Proving Diligence in Cargo Handling
Philippine Supreme Court ruling on arrastre operator negligence, burden of proof, and liability for damaged cargo under custody.
Arrastre Operator Liability: Proving Delivery Diligence in Cargo Claims
When is an arrastre operator liable for missing cargo? The Supreme Court clarifies the burden of proof and the effect of signed gate passes.
Negligence and Maritime Law: Res Ipsa Loquitur in Cargo Handling Disputes
When a hidden metal bar in a ship's cargo hold damages an arrastre operator's unloader, who pays? The Supreme Court applies res ipsa loquitur.
Damaged Goods Liability: Arrastre Negligence and Insurer Subrogation Rights
Explaining when arrastre operators are liable for damaged cargo, how insurers gain subrogation rights, and what evidence suffices in Philippine law.
Common Carriers vs Arrastre Operators: Who Bears Liability for Cargo Damage?
Philippine Supreme Court clarifies when a common carrier's custody of cargo ends and an arrastre operator's begins, and when customs brokers become common carriers.
Shared Responsibility: Apportioning Liability Between Carriers and Arrastre Operators for Cargo Damage
Philippine Supreme Court clarifies when carriers and arrastre operators share liability for damaged cargo, and the rules on subrogation and prescription.
Burden of Proof in Cargo Shortage Claims: When Arrastre Operators Escape Liability
Explaining the Supreme Court ruling on cargo shortage claims, the burden of proof, and when arrastre operators may avoid liability.
Arrastre Operator's Duty of Care: Liability for Lost Cargo After Delivery
When is an arrastre operator liable for lost cargo? The Supreme Court clarifies the duty of care and limits of liability in Asian Terminals v. Daehan.
Carrier Liability for Cargo Damage During Unloading: The Wallem Doctrine
When is a shipping carrier liable for cargo damaged during unloading? The Supreme Court clarifies the rule on carrier responsibility and arrastre operator liability.
Lost Cargo Claims in the Philippines: The 15-Day Rule for Arrastre Operators
Philippine Supreme Court clarifies the 15-day claim period for lost cargo against arrastre operators and the shipper's load and count rule.
Arrastre Operator Liability: Understanding the Limits of Responsibility for Lost Cargo
Philippine Supreme Court clarifies when an arrastre operator is liable for lost cargo and how management contracts limit that liability.