Eastern Shipping Lines, Inc. v. BPI/MS Insurance Corp., et al.

G.R. No. 193986

January 15, 2014
On the matter of Petition for Review on Certiorari (III.O.b)
Ponente: Justice Villarama, Jr.

Relevant Facts:
Sumitomo shipped through petitioner various steel sheets in coil
from Japan for delivery in favor of Calamba Steel. Upon unloading from
the vessel, some coils were observed to be in bad condition. The cargo
was then turned over to ATI for stevedoring, storage and safekeeping
pending Calamba Steel's withdrawal of the goods. When ATI delivered
the cargo to Calamba Steel, the latter rejected its damaged portion.
Calamba Steel filed an insurance claim with Mitsui through the latter's
settling agent, respondent BPI/MS and the former was paid the sums
for the damage suffered by all shipments. As insurer and subrogee of
Calamba Steel, Mitsui and BPI/MS filed a Complaint for Damages
against petitioner and ATL. RTC rendered its Decision in favor of the
plaintiff. Petitioner and ATI appealed to the CA and the latter affirmed
RTC's findings and ruling. Both petitioner and ATI filed petitions for
review on certiorari before this Court. The question to be resolved in
the petition is to who between petitioner and ATI should be liable for
the damage to the goods.

Issue: Whether the petition for review on Certiorari was proper.

Ruling: Petition is denied.

Ratio Decidendi:
Actual questions may not be raised before this Court in a petition
for review on certiorari as this Court is not a trier of facts. In petitions
for review on certiorari, only questions of law may be put in issue.