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Transimex vs. Mafre Asian Insurance Corp.

TRANSIMEX CO., Petitioner, vs. MAFRE ASIAN INSURANCE CORP., Respondent. Present: SERENO, CJ, Chairperson, LEONARDO-DE CASTRO, BERSAMIN,* PERLAS-BERNABE, and CAGUIOA, JJ

G.R. No. 190271 | 2016-09-14

FIRST DIVISION
DECISION
 
SERENO, CJ:
 
This case involves a money claim filed by an insurance company against the ship agent of a common carrier. The dispute stemmed from an alleged shortage in a shipment of fertilizer delivered by the carrier to a consignee. Before this Court, the ship agent insists that the shortage was caused by bad weather, which must be considered either a storm under Article 1734 of the Civil Code or a peril of the sea under the Carriage of Goods by Sea Act (COGSA).1
 
In the Decision2 and the Resolution3 assailed in this Petition for Review on Certiorari,4 the Court of Appeals (CA) affirmed the Decision5...