This case has been cited 4 times or more.
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2008-10-17 |
TINGA, J. |
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| However, on 02 May 2006, the Court rendered a decision in Aboitiz Shipping Corporation v. New India Assurance Company, Ltd.[44] (New India), reiterating the well-settled principle that the exception to the limited liability doctrine applies when the damage is due to the fault of the shipowner or to the concurrent negligence of the shipowner and the captain. Where the shipowner fails to overcome the presumption of negligence, the doctrine of limited liability cannot be applied.[45] In New India, the Court clarified that the earlier pronouncement in Monarch Insurance was not an abandonment of the doctrine of limited liability and that the circumstances therein still made the doctrine applicable.[46] | |||||
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2008-02-15 |
VELASCO JR., J. |
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| The present appeal raises issues of facts. It is a settled rule that substantiated factual findings of the appellate court, affirming those of the trial court, are conclusive on the parties and may not be reviewed on appeal.[19] In the | |||||
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2006-11-29 |
CORONA, J. |
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| Factual findings of the CA, affirming those of the trial court, will not be disturbed on appeal but must be accorded great weight.[4] These findings are conclusive not only on the parties but on this Court as well.[5] | |||||