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Isabela Roque, et al. vs. Intermediate Appellate Court 139 SCRA 596

ISABELA ROQUE, doing business under the name and style of Isabela Roque Timber Enterprises and ONG CHIONG, petitioners, vs. HON. INTERMEDIATE APPELLATE COURT and PIONEER INSURANCE AND SURETY CORPORATION, respondents.

G.R. No. L-66935 | 1985-11-11

FIRST DIVISION
D E C I S I O N 
 
 
GUTIERREZ, J.: 
 
This petition for certiorari asks for the review of the decision of the Intermediate Appellate Court which absolved the respondent insurance company from liability on the grounds that the vessel carrying the insured cargo was unseaworthy and the loss of said cargo was caused not by the perils of the sea but by the perils of the ship. 
 
On February 19, 1972, the Manila Bay Lighterage Corporation (Manila Bay) a common carrier, entered into a contract with the petitioners whereby the former would load and carry on board its barge Mable 10 about 422.18 cubic...