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Malayan Insurance Company vs. Smith, Bell & Co. (Phil.) Inc., et al.

MALAYAN INSURANCE COMPANY, plaintiff-appellant, vs. SMITH, BELL & CO. (PHIL.) INC. and/or LUZON STEVEDORING CORPORATION and/or REPUBLIC OF THE PHILIPPINES, defendants-appellees.

G.R. No. L-26823 | 1980-11-17

D E C I S I O N


FERNANDO, J.:

It is undoubted that at the time the notice of appeal was filed by the Malayan Insurance Company 1 from an order of the lower court granting a motion to dismiss a suit for the lower court granting a motion to dismiss a suit for the recovery of a sum of money filed by one of the defendants, the Republic of the Philippines, 2 then engaged in the activity of an arrastre operator, this Court had not as yet spoken definitively on the question of its immunity from suit by virtue of undertaking such activity. Plaintiff, now appellant, was the insurer-subrogee of imported cargoes lost while in the possession and...