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Mindanao Terminal and Brokerage Service, Inc. Vs. Phoenix Assurance Company of New York/MCGEE & Co., Inc.

MINDANAO TERMINAL AND BROKERAGE SERVICE, INC. Petitioner, versus PHOENIX ASSURANCE COMPANY OF NEW YORK/ MCGEE & CO., INC., Respondent.

G.R. No. 162467 | 2009-05-08

D E C I S I O N


Tinga, J.:

Before us is a petition for review on certiorari[1] under Rule 45 of the 1997 Rules of Civil Procedure of the 29 October 2003[2] Decision of the Court of Appeals and the 26 February 2004 Resolution[3] of the same court denying petitioner's motion for reconsideration.

The facts of the case are not disputed.

Del Monte Philippines, Inc. (Del Monte) contracted petitioner Mindanao Terminal and Brokerage Service, Inc. (Mindanao Terminal), a stevedoring company, to load and stow a shipment of 146,288 cartons of fresh green Philippine bananas and 15,202 cartons of fresh pineapples belonging to Del Monte Fresh...