This case has been cited 1 times or more.
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2013-02-27 |
VILLARAMA, JR., J. |
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| The presumption that the Berth Term Grain Bill of Lading serves as prima facie evidence of the weight of the cargo has been rebutted, there being doubt as to the weight of the cargo at the time it was loaded at the port of origin. Further, the fact that the cargo was shipped with the arrangement "Shipper's weight, quantity and quality unknown," indeed means that the weight of the cargo could not be determined using as basis the figures written on the Berth Term Grain Bill of Lading. This is in line with Malayan Insurance Co., Inc. v. Jardine Davies Transport Services, Inc.,[33] where we said: The presumption that the bill of lading, which petitioner relies upon to support its claim for restitution, constitutes prima facie evidence of the goods therein described was correctly deemed by the appellate court to have been rebutted in light of abundant evidence casting doubts on its veracity. | |||||