Eastern Shipping Lines vs. BPI/MS Insurance Corp.

January 15, 2014

FACTS:
One Sumitomo shipped several steel coils to be delivered to Calamba Corp through the
petitioner Shipping line. All cargoes are insured by the respondent insurer. Upon delivery, some
of the cargoes are in bad shape hence the insured claim for the proceeds against the respondent.
The respondent now files a case for damages against the petitioner for not exercising extra
ordinary diligence in their conduct of shipping the particular cargo. RTC and CA ruled in favor
of the insurer. Petitioner now appealed this case to the SC contending that it is not them who
should be liable but the Asian Terminal Inc because the damages to the cargo was incurred when
it was in the possession of the latter.
ISSUE:
WON the SC can still go into the contention of the petitioner
HELD:
NO. The SC is not a trier of facts. In a petition for certiorari as in this case, only question of law
may be entertained. Thus, the SC finds no reason to disturb the decision of the RTC and the CA.