Legal Insights

Proving Cargo Damage Claims: Evidence Rules and Res Ipsa Loquitur

The Supreme Court clarifies the evidence needed to prove cargo damage claims and when res ipsa loquitur applies.

Customs Brokers and Cargo Damage Claims: Liability, Insurance, and Subrogation

The Supreme Court clarifies when customs brokers are liable for damaged cargo and why insurers must present the insurance policy to claim subrogation.

Freight Forwarder Liability for Cargo Damage: Proving Negligence in Claims

A freight forwarder acting as a common carrier is presumed negligent when cargo arrives damaged. Learn the legal rules from a 2019 Supreme Court ruling.

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.

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.

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.

Stevedores and the Duty of Care: When Cargo Damage Is Not Negligence

Philippine Supreme Court clarifies that stevedores owe ordinary diligence, not the higher standard of common carriers, in loading and stowing cargo.

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.

Defective Packaging Shifts Liability from Carrier to Shipper in Cargo Damage Claims

When cargo is damaged due to defective packing, the carrier may escape liability under Article 1734 of the Civil Code.

Enforcing Time Limits: Carrier Liability Hinges on Timely Notice of Cargo Damage

Timely written notice of cargo damage is a condition precedent to suing a carrier. The Supreme Court explains why in Federal Express v. American Home Assurance.

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.

Carrier Liability for Cargo Damage: The Duty of Extraordinary Diligence Under Philippine Law

Philippine Supreme Court ruling on common carrier liability for cargo damage, extraordinary diligence, and the limits of actual damages claims.

Common Carrier Liability for Cargo Damage: Proving Negligence and Claims

Learn how Philippine law presumes common carriers negligent for cargo damage, and how to prove or rebut claims.

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: Understanding Liability for Cargo Damage in the Philippines

Philippine law distinguishes private from common carriers, affecting liability for cargo damage. Learn the rules and practical implications.

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.