No. L-18965. October 30, 1964.

COMPAÑIA MARITIMA, petitioner, vs. INSURANCE COMPANY OF NORTH AMERICA, respondent.

Contract of carriage; When contract completed; Loading of cargo on carrier’s barge preparatory to loading on ship.
—Where the shipper delivered the cargo to the carrier and the latter took possession thereof by placing it on a
lighter or barge manned by its authorized employees, it is held that there existed a complete contract of carriage
the consummation of which had already begun.
Same; Same; Bill of lading not indispensable to contract.—A bill of lading is not indispensable for the creation of a
contract of carriage.
Same; Same; Carrier’s liability for damage to cargo; When storm deemed to exist.—Winds of 11 miles per hour,
although stronger than the average 4–6 miles per hour then prevailing in the port where the lighter sank on the
night in question, cannot be classified as a storm. For according to Beaufort’s wind scale, a storm has wind
velocities of from 64 to 75 miles per hour; and by Philippine Weather Bureau standards winds should have a
velocity of from 55 to 74 miles per hour to be classified as a storm.
Same; Same; Implied admission by carrier of charges in waiving its right to have books of accounts of shipper
produced in court.—The act of the carrier in waiving its right to have the books of account of the shipper
presented in Court is tantamount to an admission that the statements contained therein concerning the charges
the latter made for the loss of the damaged cargo are correct and their verification is not necessary, because its
main defense was that it was not liable for the damage since there was no contract of carriage between it and the
shipper and the loss caused, if any, was due to a fortuitous event.
Insurance; Right of insurer to sue carrier as assignee of shipper; Defect in insurance policy no defense.—An
insurance company can sue the carrier under its insurance contract as assignee of the shipper, and the carrier
cannot set up as a defense any defect in the insurance policy.
Same; Same; When proof of personality of foreign insurance company not important.—The question of the
personality of a foreign insurance company to sue in this jurisdiction becomes of no importance where the carrier’s
attorney admitted in open court that it is a foreign insurance company doing business in the Philippines with a
personality to file the present action. Compañia Maritima vs. Insurance Company of North America, 12 SCRA 213,
No. L-18965 October 30, 1964