Back

Valenzuela Hardwood And Industrial Supply vs. Court of Appeals

VALENZUELA HARDWOOD AND INDUSTRIAL SUPPLY, INC., petitioner vs. COURT OF APPEALS AND SEVEN BROTHERS SHIPPING CORPORATION, respondents.

G.R. No. 102316 | 1997-06-30

D E C I S I O N

PANGANIBAN, J:

Is a stipulation in a charter party that the "(o)wners shall not be responsible for loss, split, short-landing, breakages and any kind of damages to the cargo" 1 valid? This is the main question raised in this petition for review assailing the Decision of Respondent Court of Appeals 2 in CA-G.R. No. CV-20156 promulgated on October 15, 1991. The Court of Appeals modified the judgment of the Regional Trial Court of Valenzuela, Metro Manila, Branch 171, the dispositive portion of which reads:

"WHEREFORE, Judgment is hereby rendered ordering South Sea Surety and Insurance Co., Inc., to pay plaintiff...