National Development Company v.
Court of Appeals
164 SCRA 593
Facts:
In accordance with a memorandum entered into between defendants National
Development Company (NDC) and Maritime Company of the Philippines (MCP) on September
13, 1962, defendant NDC as the first preferred mortgagee of three ocean-going vessels
including one the name Doa Nati appointed defendant MCP as its agent to manage and
operate said vessels in its behalf.The E. Phillipp Corporation of the New York loaded on board
the vessel Doa Nati at San Francisco, California, a total of 1,200 bales of American raw
cotton consigned to Manila Banking Corporation, Manila and the Peoples Bank and Trust
Company acting for and in behalf of the Pan Asiatic Commercial Company, Inc., who represents
Riverside Mills Corporation.The vessel figured in a collision at Ise Bay, Japan with a japanese
vessel as a result of which 550 bales of aforesaid cargo were lost and/or destroyed The
damage and lost cargo was worth P344,977.86 which amount, the plaintiff Development
Insurance and Surety Corporation as insurer, paid to the Riverside Mills Corporation as holder
of the negotiable bills of lading duly endorsed.The insurer filed before the CFI of Manila an
action for the recovery of said amount from NDC and MCP.
Issue:
Whether or not the law of country or port of destination shall apply.
Held:
In Easter Shipping Lines, Inc., v. IAC, 150 SCRA 469 (1987), we held under similar
circumstances that the law of the country to which the goods are to be transported governs the
liability of the common carrier in case of their loss, destruction or deterioration. Thus, the rule
was specifically laid down that for cargoes transported from Japan to the Philippines, the liability
of the carrier is governed primarily by the Civil Code and in all matters not regulated by said
Code, the rights and obligations of common carrier shall be governed by the Code of Commerce
and by especial laws (Article 1766, Civil Code). Hence, the carriage of Goods by Sea Act, a
special law, is merely suppletory to the provisions of the Civil Code. The goods in question
were being transported from San Francisco, California and Tokyo, Japan to the Philippines and
that they were lost or damaged due to a collision which was found to have been caused by
negligence or fault of both captains of the colliding vessels.Under the above ruling, it is evident
that laws of the Philippines will apply, and it is immaterial that the collision actually occurred in
foreign waters, such as Ise Bay, Japan. It appears, however, that collision falls among matters
not specifically regulated by the Civil Code, so that no reversible error can be found in
respondent courts application to the case at bar of Articles 826 to 839, Book Three of the
Code of Commerce, which deal exclusively with collision of vessels. Article 826 of the Code of
Commerce provides that where collision is imputable to the personnel of a vessel, the owner of
the vessel at fault shall indemnify the losses and damages incurred after an expert appraisal.
But more in point to the instant case in is Article 827 of the same Code, which provides that if
the collision is imputable to both vessels, each one shall suffer its own damages and both shall
be solidarily responsible for the losses and damages suffered by their cargoes.There is,
therefore, no room for NDCs interpretation that the Code of Commerce should apply only to
domestic trade and not to foreign trade.MCP next contends that it cannot be liable solidarily with
NDC because it is merely the manager and operator of the vessel Doa Nati, nor a ship
agent. As the general managing agent, according, to MCP, it can only be liable if it acted in
excess of its authority. The Memorandum Agreement of September 13, 1962 shows that NDC
appointed MCP as agent, a term broad enough to include the concept of ship agent in Maritime
Law. In fact, MCP was even conferred all the powers of the owner of the vessel, including the
power to contract in the name of the NDC. Consequently, under the circumstances, MCP cannot
escape liability. It is well-settled that both the owner and agent of the offending vessel are liable
for the damage done where both are impleaded.
