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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Enforcing Foreign Arbitral Awards in the Philippines: The Authentication Requirement
Learn why authenticated arbitration agreements are jurisdictional requirements for enforcing foreign arbitral awards in Philippine courts, as ruled in Manis Shipping.
Zero-Rated VAT on Manning Services: When a Foreign Principal Is Not "Doing Business" in the Philippines
Supreme Court clarifies when a foreign shipping company receiving manning services from a Philippine agency is not in the Philippines.
Demurrage and Detention Fees: Supreme Court Clarifies Tax Treatment for International Shipping
The Supreme Court ruled demurrage and detention fees are subject to regular corporate income tax, not the preferential Gross Philippine Billings rate.
Suicide and Seafarers' Death Benefits: Proving Intentional Self-Harm in Maritime Claims
When can a shipping company deny death benefits by proving a seafarer committed suicide? The Supreme Court explains the evidentiary standard.
Seafarers Disability Claims: Proving the Link Between Work Conditions and Illness
Explaining the Supreme Court's ruling in Atienza v. Orophil Shipping on work-relatedness, compensability, and the 120-day rule for seafarers' disability claims.
Liability IN Shipping Pinewood Marine Clarifies Agents Responsibility FOR Cargo Claims
Carrier’s Liability and the $500 COGSA Limit: When a Declared Value in the Invoice Counts
Explaining when a shipping carrier can invoke the US$500 COGSA package limitation, and when a declared value in the invoice defeats it.
Temperate vs Nominal Damages: When Philippine Courts Award Moderate Compensation
Philippine Supreme Court clarifies when temperate damages apply instead of nominal damages, using a shipping collision case as the guide.
Accidental Injury at Sea: Defining "Accident" for Seafarer Disability Claims
When is a seafarer's injury an "accident" for CBA disability benefits? The Supreme Court clarifies in Sunga v. Virjen Shipping.
When IS A Seafarer Entitled TO Permanent Disability Benefits AN Analysis OF Fair Shipping Corp VS Medel
Appraisal Rights and Unrestricted Retained Earnings: Turner v. Lorenzo Shipping
A dissenting stockholder's right to payment accrues only when the corporation has unrestricted retained earnings; a premature suit is dismissible.
Freight Forwarder Liability and the $500 Package Limitation Rule in Shipping Disputes
Philippine Supreme Court ruling on when a freight forwarder becomes a common carrier and the COGSA package limitation rule.
Marine Risk Note Alone Cannot Prove Subrogation: Eastern Shipping Lines v. Prudential Guarantee
Insurers must present the marine insurance policy to prove subrogation claims; a marine risk note alone is insufficient under Philippine law.
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.
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.
Who Pays When Cargo Vanishes: Defining Responsibility in Shipping Losses
When a shipment disappears in a terminal, who bears the loss? The Supreme Court clarifies arrastre liability and insurance subrogation.
Pilotage Fees and Government Share: PPA Can Collect Directly from Shipping Lines
Supreme Court ruling on PPA's authority to collect the 10% government share on pilotage fees directly from shipping companies.
When Limited Liability Doesnt Shield a Shipowner: The Aboitiz Shipping Ruling
Explaining when a shipowner's limited liability defense fails, based on the Supreme Court's ruling in Aboitiz Shipping v. New India Assurance.
Employer Liability for Employee Death in the Philippines Even in Fortuitous Events
Philippine employers may be liable for employee death caused by fortuitous events under Article 1711 of the Civil Code, as explained in Candano Shipping Lines v. Sugata-on.
Demurrage in Philippine Shipping: Consignee Duties and Avoiding Penalties
Philippine law holds consignees liable for demurrage when cargo is not claimed promptly. Learn the rules and practical steps to avoid penalties.
Common vs Private Carrier: Liability for Lost Cargo in Philippine Shipping
Philippine Supreme Court clarifies when a shipping company remains a common carrier despite a voyage charter, and its liability for lost cargo.
PPA Rate Increases and Due Process: What Shipping Lines Should Know
The Supreme Court clarifies when notice and hearing are required for port rate increases by the Philippine Ports Authority.
Liberal Interpretation of Rules in Default Judgments: Bahia Shipping v. Mosquera
When can courts relax procedural rules? The Supreme Court explains in Bahia Shipping v. Mosquera why substantial justice prevails over technicalities.
Defining Common Carriers When A Limited Clientele Doesnt Equal Private Carriage
Philippine Supreme Court clarifies that a shipping firm with a limited clientele can still be a common carrier under the Civil Code.