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Loadstar vs. Malayan [CONCURRING AND DISSENTING OPINION,PERALTA, J.]

LOADSTAR SHIPPING COMPANY, INCORPORATED AND LOADSTAR INTERNATIONAL SHIPPING COMPANY, INCORPORATED, PETITIONERS, V. MALAYAN INSURANCE COMPANY, INCORPORATED, RESPONDENT.

G.R. No. 185565 | 2017-04-26

CONCURRING AND DISSENTING OPINION
 
PERALTA, J.:
 
Respondent has filed the instant Motion for Reconsideration of the Decision dated November 26, 2014, granting the petition, on the following grounds, to wit:
 
The conclusion of the Court of Appeals that Petitioners Loadstar was acting as a common carrier has been ignored
 
The factual finding of the Court of Appeals that there was a breach of the Contract of Affreightment was ignored.
 
The factual finding of the Court of Appeals that Petitioners Loadstar failed to produce evidence of a calamity was ignored.[1]
 
In essence, respondent posits the view that petitioners...