contract of carriage.

Issue: Whether or not the petitioner is liable for damages.

Ruling:
Trial Court: Carrier In bad faith
CA: Affirmed that carrier is in bad faith
SC: The Court held that the petitioner is liable for damages specifically moral damages because there was bad
faith on its part. The Court found that such bad faith is present based on three circumstances namely:
1. Petitioner did not give any notice to the respondents as to the change of schedule of the vessel.
2. The petitioner knew fully that it would take no less than fifteen (15) hours to effect the repairs of the
damaged engine. The petitioner also assured that the
vessel will leave within a short period of time and when the defendants wanted to leave the trip petitioner
stated that the “the vessel is already leaving.”
3. The petitioner did not even offer to refund the tickets and provide for their transportation from Tacloban
to Catbalogan. #BRILLANTES

B. Arrastre Operator

Case Title: Fireman’s Fund Insurance Co. vs Metro Port Services Keyword:

Ponente: Gutierrez, Jr. J.

Doctrine:

Facts:Vulcan Industrial and Mining Corporation imported from theUnited States several machineries and
equipment which were loaded on board the SIS Albert Maersk at the port of Philadelphia, U.S.A., and transhipped
for Manila through the vessel S/S Maersk Tempo. The cargo which was covered by a clean bill of lading issued by
Maersk Line and consisted of core drills and steel tubings. The shipment was turned over complete and in good
condition to the arrastre operator contract of carriage.
Issue: Whether or not the petitioner is liable for damages.
Ruling:
Trial Court: Carrier In bad faith
CA: Affirmed that carrier is in bad faith
SC: The Court held that the petitioner is liable for damages specifically moral damages because there was bad
faith on its part. The Court found that such bad faith is present based on three circumstances namely:
3. Petitioner did not give any notice to the respondents as to the change of schedule of the vessel.
4. The petitioner knew fully that it would take no less than fifteen (15) hours to effect the repairs of the
damaged engine. The petitioner also assured that the
vessel will leave within a short period of time and when the defendants wanted to leave the trip petitioner
stated that the “the vessel is already leaving.”
4. The petitioner did not even offer to refund the tickets and provide for their transportation from Tacloban
to Catbalogan. #BRILLANTES

B. Arrastre Operator

Case Title: Fireman’s Fund Insurance Co. vs Metro Port Services Keyword:

Ponente: Gutierrez, Jr. J.

Doctrine:

Facts:Vulcan Industrial and Mining Corporation imported from theUnited States several machineries and
equipment which were loaded on board the SIS Albert Maersk at the port of Philadelphia, U.S.A., and transhipped
for Manila through the vessel S/S Maersk Tempo. The cargo which was covered by a clean bill of lading issued by
Maersk Line and consisted of core drills and steel tubings. The shipment was turned over complete and in good
condition to the arrastre operator contract of carriage.
Issue: Whether or not the petitioner is liable for damages.
Ruling:
Trial Court: Carrier In bad faith
CA: Affirmed that carrier is in bad faith
SC: The Court held that the petitioner is liable for damages specifically moral damages because there was bad
faith on its part. The Court found that such bad faith is present based on three circumstances namely:
5. Petitioner did not give any notice to the respondents as to the change of schedule of the vessel.
6. The petitioner knew fully that it would take no less than fifteen (15) hours to effect the repairs of the
damaged engine. The petitioner also assured that the
vessel will leave within a short period of time and when the defendants wanted to leave the trip petitioner
stated that the “the vessel is already leaving.”
5. The petitioner did not even offer to refund the tickets and provide for their transportation from Tacloban
to Catbalogan. #BRILLANTES

B. Arrastre Operator

Case Title: Fireman’s Fund Insurance Co. vs Metro Port Services Keyword:

Ponente: Gutierrez, Jr. J.

Doctrine:

Facts:Vulcan Industrial and Mining Corporation imported from theUnited States several machineries and
equipment which were loaded on board the SIS Albert Maersk at the port of Philadelphia, U.S.A., and transhipped
for Manila through the vessel S/S Maersk Tempo. The cargo which was covered by a clean bill of lading issued by
Maersk Line and consisted of core drills and steel tubings. The shipment was turned over complete and in good
condition to the arrastre operator contract of carriage.
Issue: Whether or not the petitioner is liable for damages.
Ruling:
Trial Court: Carrier In bad faith
CA: Affirmed that carrier is in bad faith
SC: The Court held that the petitioner is liable for damages specifically moral damages because there was bad
faith on its part. The Court found that such bad faith is present based on three circumstances namely:
7. Petitioner did not give any notice to the respondents as to the change of schedule of the vessel.
8. The petitioner knew fully that it would take no less than fifteen (15) hours to effect the repairs of the
damaged engine. The petitioner also assured that the
vessel will leave within a short period of time and when the defendants wanted to leave the trip petitioner
stated that the “the vessel is already leaving.”
6. The petitioner did not even offer to refund the tickets and provide for their transportation from Tacloban
to Catbalogan. #BRILLANTES

B. Arrastre Operator

Case Title: Fireman’s Fund Insurance Co. vs Metro Port Services Keyword:

Ponente: Gutierrez, Jr. J.

Doctrine:

Facts:Vulcan Industrial and Mining Corporation imported from theUnited States several machineries and
equipment which were loaded on board the SIS Albert Maersk at the port of Philadelphia, U.S.A., and transhipped
for Manila through the vessel S/S Maersk Tempo. The cargo which was covered by a clean bill of lading issued by
Maersk Line and consisted of core drills and steel tubings. The shipment was turned over complete and in good
condition to the arrastre operator contract of carriage.
Issue: Whether or not the petitioner is liable for damages.
Ruling:
Trial Court: Carrier In bad faith
CA: Affirmed that carrier is in bad faith
SC: The Court held that the petitioner is liable for damages specifically moral damages because there was bad
faith on its part. The Court found that such bad faith is present based on three circumstances namely:
9. Petitioner did not give any notice to the respondents as to the change of schedule of the vessel.
10. The petitioner knew fully that it would take no less than fifteen (15) hours to effect the repairs of the
damaged engine. The petitioner also assured that the
vessel will leave within a short period of time and when the defendants wanted to leave the trip petitioner
stated that the “the vessel is already leaving.”
7. The petitioner did not even offer to refund the tickets and provide for their transportation from Tacloban
to Catbalogan. #BRILLANTES

B. Arrastre Operator

Case Title: Fireman’s Fund Insurance Co. vs Metro Port Services Keyword:

Ponente: Gutierrez, Jr. J.

Doctrine:

Facts:Vulcan Industrial and Mining Corporation imported from theUnited States several machineries and
equipment which were loaded on board the SIS Albert Maersk at the port of Philadelphia, U.S.A., and transhipped
for Manila through the vessel S/S Maersk Tempo. The cargo which was covered by a clean bill of lading issued by
Maersk Line and consisted of core drills and steel tubings. The shipment was turned over complete and in good
condition to the arrastre operator contract of carriage.
Issue: Whether or not the petitioner is liable for damages.
Ruling:
Trial Court: Carrier In bad faith
CA: Affirmed that carrier is in bad faith
SC: The Court held that the petitioner is liable for damages specifically moral damages because there was bad
faith on its part. The Court found that such bad faith is present based on three circumstances namely:
11. Petitioner did not give any notice to the respondents as to the change of schedule of the vessel.
12. The petitioner knew fully that it would take no less than fifteen (15) hours to effect the repairs of the
damaged engine. The petitioner also assured that the
vessel will leave within a short period of time and when the defendants wanted to leave the trip petitioner
stated that the “the vessel is already leaving.”
8. The petitioner did not even offer to refund the tickets and provide for their transportation from Tacloban
to Catbalogan. #BRILLANTES

B. Arrastre Operator

Case Title: Fireman’s Fund Insurance Co. vs Metro Port Services Keyword:

Ponente: Gutierrez, Jr. J.

Doctrine:

Facts:Vulcan Industrial and Mining Corporation imported from theUnited States several machineries and
equipment which were loaded on board the SIS Albert Maersk at the port of Philadelphia, U.S.A., and transhipped
for Manila through the vessel S/S Maersk Tempo. The cargo which was covered by a clean bill of lading issued by
Maersk Line and consisted of core drills and steel tubings. The shipment was turned over complete and in good
condition to the arrastre operator contract of carriage.
Issue: Whether or not the petitioner is liable for damages.
Ruling:
Trial Court: Carrier In bad faith
CA: Affirmed that carrier is in bad faith
SC: The Court held that the petitioner is liable for damages specifically moral damages because there was bad
faith on its part. The Court found that such bad faith is present based on three circumstances namely:
13. Petitioner did not give any notice to the respondents as to the change of schedule of the vessel.
14. The petitioner knew fully that it would take no less than fifteen (15) hours to effect the repairs of the
damaged engine. The petitioner also assured that the
vessel will leave within a short period of time and when the defendants wanted to leave the trip petitioner
stated that the “the vessel is already leaving.”
9. The petitioner did not even offer to refund the tickets and provide for their transportation from Tacloban
to Catbalogan. #BRILLANTES

B. Arrastre Operator

Case Title: Fireman’s Fund Insurance Co. vs Metro Port Services Keyword:

Ponente: Gutierrez, Jr. J.

Doctrine:

Facts:Vulcan Industrial and Mining Corporation imported from theUnited States several machineries and
equipment which were loaded on board the SIS Albert Maersk at the port of Philadelphia, U.S.A., and transhipped
for Manila through the vessel S/S Maersk Tempo. The cargo which was covered by a clean bill of lading issued by
Maersk Line and consisted of core drills and steel tubings. The shipment was turned over complete and in good
condition to the arrastre operator contract of carriage.
Issue: Whether or not the petitioner is liable for damages.
Ruling:
Trial Court: Carrier In bad faith
CA: Affirmed that carrier is in bad faith
SC: The Court held that the petitioner is liable for damages specifically moral damages because there was bad
faith on its part. The Court found that such bad faith is present based on three circumstances namely:
15. Petitioner did not give any notice to the respondents as to the change of schedule of the vessel.
16. The petitioner knew fully that it would take no less than fifteen (15) hours to effect the repairs of the
damaged engine. The petitioner also assured that the
vessel will leave within a short period of time and when the defendants wanted to leave the trip petitioner
stated that the “the vessel is already leaving.”
10. The petitioner did not even offer to refund the tickets and provide for their transportation from
Tacloban to Catbalogan. #BRILLANTES

B. Arrastre Operator

Case Title: Fireman’s Fund Insurance Co. vs Metro Port Services Keyword:

Ponente: Gutierrez, Jr. J.

Doctrine:

Facts:Vulcan Industrial and Mining Corporation imported from theUnited States several machineries and
equipment which were loaded on board the SIS Albert Maersk at the port of Philadelphia, U.S.A., and transhipped
for Manila through the vessel S/S Maersk Tempo. The cargo which was covered by a clean bill of lading issued by
Maersk Line and consisted of core drills and steel tubings. The shipment was turned over complete and in good
condition to the arrastre operator contract of carriage.
Issue: Whether or not the petitioner is liable for damages.
Ruling:
Trial Court: Carrier In bad faith
CA: Affirmed that carrier is in bad faith
SC: The Court held that the petitioner is liable for damages specifically moral damages because there was bad
faith on its part. The Court found that such bad faith is present based on three circumstances namely:
17. Petitioner did not give any notice to the respondents as to the change of schedule of the vessel.
18. The petitioner knew fully that it would take no less than fifteen (15) hours to effect the repairs of the
damaged engine. The petitioner also assured that the
vessel will leave within a short period of time and when the defendants wanted to leave the trip petitioner
stated that the “the vessel is already leaving.”
11. The petitioner did not even offer to refund the tickets and provide for their transportation from
Tacloban to Catbalogan. #BRILLANTES

B. Arrastre Operator

Case Title: Fireman’s Fund Insurance Co. vs Metro Port Services Keyword:

Ponente: Gutierrez, Jr. J.

Doctrine:

Facts:Vulcan Industrial and Mining Corporation imported from theUnited States several machineries and
equipment which were loaded on board the SIS Albert Maersk at the port of Philadelphia, U.S.A., and transhipped
for Manila through the vessel S/S Maersk Tempo. The cargo which was covered by a clean bill of lading issued by
Maersk Line and consisted of core drills and steel tubings. The shipment was turned over complete and in good
condition to the arrastre operator contract of carriage.
Issue: Whether or not the petitioner is liable for damages.
Ruling:
Trial Court: Carrier In bad faith
CA: Affirmed that carrier is in bad faith
SC: The Court held that the petitioner is liable for damages specifically moral damages because there was bad
faith on its part. The Court found that such bad faith is present based on three circumstances namely:
19. Petitioner did not give any notice to the respondents as to the change of schedule of the vessel.
20. The petitioner knew fully that it would take no less than fifteen (15) hours to effect the repairs of the
damaged engine. The petitioner also assured that the
vessel will leave within a short period of time and when the defendants wanted to leave the trip petitioner
stated that the “the vessel is already leaving.”
12. The petitioner did not even offer to refund the tickets and provide for their transportation from
Tacloban to Catbalogan. #BRILLANTES

B. Arrastre Operator

Case Title: Fireman’s Fund Insurance Co. vs Metro Port Services Keyword:

Ponente: Gutierrez, Jr. J.

Doctrine:

Facts:Vulcan Industrial and Mining Corporation imported from theUnited States several machineries and
equipment which were loaded on board the SIS Albert Maersk at the port of Philadelphia, U.S.A., and transhipped
for Manila through the vessel S/S Maersk Tempo. The cargo which was covered by a clean bill of lading issued by
Maersk Line and consisted of core drills and steel tubings. The shipment was turned over complete and in good
condition to the arrastre operator contract of carriage.
Issue: Whether or not the petitioner is liable for damages.
Ruling:
Trial Court: Carrier In bad faith
CA: Affirmed that carrier is in bad faith
SC: The Court held that the petitioner is liable for damages specifically moral damages because there was bad
faith on its part. The Court found that such bad faith is present based on three circumstances namely:
21. Petitioner did not give any notice to the respondents as to the change of schedule of the vessel.
22. The petitioner knew fully that it would take no less than fifteen (15) hours to effect the repairs of the
damaged engine. The petitioner also assured that the
vessel will leave within a short period of time and when the defendants wanted to leave the trip petitioner
stated that the “the vessel is already leaving.”
13. The petitioner did not even offer to refund the tickets and provide for their transportation from
Tacloban to Catbalogan. #BRILLANTES

B. Arrastre Operator

Case Title: Fireman’s Fund Insurance Co. vs Metro Port Services Keyword:

Ponente: Gutierrez, Jr. J.

Doctrine:

Facts:Vulcan Industrial and Mining Corporation imported from theUnited States several machineries and
equipment which were loaded on board the SIS Albert Maersk at the port of Philadelphia, U.S.A., and transhipped
for Manila through the vessel S/S Maersk Tempo. The cargo which was covered by a clean bill of lading issued by
Maersk Line and consisted of core drills and steel tubings. The shipment was turned over complete and in good
condition to the arrastre operator contract of carriage.
Issue: Whether or not the petitioner is liable for damages.
Ruling:
Trial Court: Carrier In bad faith
CA: Affirmed that carrier is in bad faith
SC: The Court held that the petitioner is liable for damages specifically moral damages because there was bad
faith on its part. The Court found that such bad faith is present based on three circumstances namely:
23. Petitioner did not give any notice to the respondents as to the change of schedule of the vessel.
24. The petitioner knew fully that it would take no less than fifteen (15) hours to effect the repairs of the
damaged engine. The petitioner also assured that the
vessel will leave within a short period of time and when the defendants wanted to leave the trip petitioner
stated that the “the vessel is already leaving.”
14. The petitioner did not even offer to refund the tickets and provide for their transportation from
Tacloban to Catbalogan. #BRILLANTES

B. Arrastre Operator

Case Title: Fireman’s Fund Insurance Co. vs Metro Port Services Keyword:

Ponente: Gutierrez, Jr. J.

Doctrine:

Facts:Vulcan Industrial and Mining Corporation imported from theUnited States several machineries and
equipment which were loaded on board the SIS Albert Maersk at the port of Philadelphia, U.S.A., and transhipped
for Manila through the vessel S/S Maersk Tempo. The cargo which was covered by a clean bill of lading issued by
Maersk Line and consisted of core drills and steel tubings. The shipment was turned over complete and in good
condition to the arrastre operator contract of carriage.
Issue: Whether or not the petitioner is liable for damages.
Ruling:
Trial Court: Carrier In bad faith
CA: Affirmed that carrier is in bad faith
SC: The Court held that the petitioner is liable for damages specifically moral damages because there was bad
faith on its part. The Court found that such bad faith is present based on three circumstances namely:
25. Petitioner did not give any notice to the respondents as to the change of schedule of the vessel.
26. The petitioner knew fully that it would take no less than fifteen (15) hours to effect the repairs of the
damaged engine. The petitioner also assured that the
vessel will leave within a short period of time and when the defendants wanted to leave the trip petitioner
stated that the “the vessel is already leaving.”
15. The petitioner did not even offer to refund the tickets and provide for their transportation from
Tacloban to Catbalogan. #BRILLANTES

B. Arrastre Operator

Case Title: Fireman’s Fund Insurance Co. vs Metro Port Services Keyword:

Ponente: Gutierrez, Jr. J.

Doctrine:

Facts:Vulcan Industrial and Mining Corporation imported from theUnited States several machineries and
equipment which were loaded on board the SIS Albert Maersk at the port of Philadelphia, U.S.A., and transhipped
for Manila through the vessel S/S Maersk Tempo. The cargo which was covered by a clean bill of lading issued by
Maersk Line and consisted of core drills and steel tubings. The shipment was turned over complete and in good
condition to the arrastre operator contract of carriage.
Issue: Whether or not the petitioner is liable for damages.
Ruling:
Trial Court: Carrier In bad faith
CA: Affirmed that carrier is in bad faith
SC: The Court held that the petitioner is liable for damages specifically moral damages because there was bad
faith on its part. The Court found that such bad faith is present based on three circumstances namely:
27. Petitioner did not give any notice to the respondents as to the change of schedule of the vessel.
28. The petitioner knew fully that it would take no less than fifteen (15) hours to effect the repairs of the
damaged engine. The petitioner also assured that the
vessel will leave within a short period of time and when the defendants wanted to leave the trip petitioner
stated that the “the vessel is already leaving.”
16. The petitioner did not even offer to refund the tickets and provide for their transportation from
Tacloban to Catbalogan. #BRILLANTES

B. Arrastre Operator

Case Title: Fireman’s Fund Insurance Co. vs Metro Port Services Keyword:

Ponente: Gutierrez, Jr. J.

Doctrine:

Facts:Vulcan Industrial and Mining Corporation imported from theUnited States several machineries and
equipment which were loaded on board the SIS Albert Maersk at the port of Philadelphia, U.S.A., and transhipped
for Manila through the vessel S/S Maersk Tempo. The cargo which was covered by a clean bill of lading issued by
Maersk Line and consisted of core drills and steel tubings. The shipment was turned over complete and in good
condition to the arrastre operator