LAZARO-JAVIER, J.:
Antecedents
OSM Shipping Phils., Inc. (OSM) entered into a Tow Hire Agreement with Fuel Zone Filipinas Corporation (Fuel Zone) for the barge "Cheryl Ann" which contained used oil for discharge or unloading in Manila.[1] The barge was chartered by Fuel Zone from its registered owner, respondent Gold Mark Sea Carriers, Inc. (Gold Mark).[2]
On August 23, 2006, OSM's M/T Jacob 1 towed the barge from the Republic of Palau all the way to the Port of Surigao where it temporarily stopped for emergency bunkering as it was allegedly running low on fuel and food provisions and was having a...
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