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Aboitiz Shipping Corporation vs. Court of Appeals

ABOITIZ SHIPPING CORPORATION, Petitioner, versus COURT OF APPEALS, MALAYAN INSURANCE COMPANY, INC., COMPAGNIE MARITIME DES CHARGEURS REUNIS, and F.E. ZUELLIG (M), INC., Respondents.

G.R. No. 121833 | 2008-10-17

D E C I S I O N

Tinga, J.:

Before this Court are three consolidated Rule 45 petitions all involving the issue of whether the real and hypothecary doctrine may be invoked by the shipowner in relation to the loss of cargoes occasioned by the sinking of M/V P. Aboitiz on 31 October 1980. The petitions filed by Aboitiz Shipping Corporation (Aboitiz) commonly seek the computation of its liability in accordance with the Court's pronouncement in Aboitiz Shipping Corporation v. General Accident Fire and Life Assurance Corporation, Ltd.[1] (hereafter referred to as "the 1993 GAFLAC case").

The three petitions stemmed from some of the...