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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Prescriptive Periods in Cargo Claims: COGSA vs. Bill of Lading Stipulations
When a bill of lading sets a shorter prescriptive period than COGSA, which governs cargo damage claims? The Supreme Court clarifies.
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.
Liability IN Shipping Pinewood Marine Clarifies Agents Responsibility FOR Cargo Claims
Burden of Proof in Cargo Claims: Insurers Must Prove Actual Damages to Recover Subrogated Claims
Philippine Supreme Court clarifies when temperate damages apply in cargo loss claims when actual damages cannot be proven with certainty.
Upholding Agreements: The Decisive Impact of Admitted Extensions in Maritime Claims
How a carrier's failure to specifically deny an agreed extension period can defeat a prescription defense in maritime cargo claims.
Maritime Claims: Strict Interpretation of COGSA Prescriptive Period
Philippine Supreme Court clarifies the one-year COGSA prescriptive period for maritime cargo claims, emphasizing strict timing rules.
The 24-Hour Rule in Cargo Claims: Carrier Liability Under Philippine Shipping Law
Philippine Supreme Court clarifies the 24-hour claim rule under the Code of Commerce for damaged cargo and its effect on carrier liability.
Strict Compliance With Bill of Lading Clauses Upholding Carrier Protection in Cargo Claims
Philippine Supreme Court ruling on strict compliance with bill of lading notice requirements in cargo damage claims against carriers.
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.
Delayed Cargo Claims and Prescription: When the One-Year COGSA Rule Does Not Apply
Explaining Mitsui O.S.K. Lines v. Court of Appeals: when delayed delivery claims are not "loss or damage" under COGSA's one-year prescriptive period.