G.R. No. 185964 ASIAN SIAN TERMIN RMINAL ALS, S, CRPRATIN
June 16, 2014 INC. INC. vs. vs. FIRS IRST
LEP LEPANT! NT!T TAIS AIS"
INS INS#RAN RANCE
FACTS$ On July 6, 1996, 3,000 bags of sodium tripolyphosphate were loaded and received on board M! "#a $eng" owned by %hina Ocean &hipping %o' (%O&%O) in favo favorr of cons consig igne nee, e, *ran *rand d +s +sia ian n &ale &ales, s, nc' nc' (*+& (*+&) )'' -ase -ased d on a %ert %erti. i.ca cate te of nsurance, it appears that the shipment was insured against all ris/s' pon receipt of the shipme shipment, nt, *+& *+& found found that that the the delive delivere red d goods goods incur incurre red d shorta shortages ges and and spillage of lossdamage' *+& sought recompense from %O&%O, thru its hilippine agent &mith -ell &hipping 2ines, nc' (&M4 -522), + and O!57 but was denied' 4ence, it pursued indemni.cation from the shipment8s insurer' $& 25+7O paid *+& the amount of insurance indemnity'
$& $& 25+7O 25+7O demanded from %O&%O, %O&%O, its shipping shipping agency in the hilippi hilippines, nes, &M4 -522, O!57 and +, reimbursement of the amount it paid to *+&' hen $& 25+7O8s demands were not heeded, it .led a complaint for sum of money before Me% of Manila' he Me% absolved + and O!57 from any liability and instead found %O&%O to be the party at fault and hence liable for the lossdamage sustained by the sub:ect shipment' On appeal, the % reversed the Me%8s .ndings' he %+ dismissed the appeal and held that $& 25+7O was subrogated to its rights against those liable for the lostdamaged shipment and also a;rmed the ruling of the % that the sub:ect shipment was damaged while in the custody of +' ISS#E$ hether or not the presentation of the insurance policy is indispensable in proving the right of $& 25+7O to be subrogated to the right of the consignee'
7on
uitable assignment to the insurer of all the remedies which the insured may have against the third party whose negligence or wrongful act caused the loss' he right of subrogation is not
dependent upon, nor does it grow out of any privity of contract or upon payment by the insurance company of the insurance claim' t accrues simply upon payment by the insurance company of the insurance claim'
