Right To Subrogation
Right To Subrogation
Right To Subrogation
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RIGHT TO SUBROGATION
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warehouse of Aboitiz based on the bill of lading containing an notation “grounded outside the
warehouse”. Aboitiz refused to settle the claim, Y Insurance paid the amount of Php 280, 176.92 to
consignee Z, and a subrogation receipt was therea er signed.
A case for collection of actual damages with interest and attorney’s fees was filed with RTC. Aboitiz
disavowed any liability and asserted that the claim had no factual and legal bases, and that complaint
had no cause of action, plainti Y Insurance had no personality to sue, cause of action was barred, suit
was premature there being no claim made upon Aboitiz. RTC rendered decision against Y Insurance and
case was elevated to CA, which reversed RTC decision. Case was then elevated to SC.
ISSUES:
a. Is Respondent Y Insurance the real party-in-interest that possesses the right of subrogation to claim
reimbursement from Aboitiz?
RESOLUTION:
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a. YES. A foreign corporation not licensed to do business
8/21/2018
in the Philippines is not absolutely incapacitated
Right to Subrogation
from filing a suit in local courts. Only when that foreign corporation is “transacting” or “doing business”
in the country will a license be necessary before it can institute suits. It may, however, bring suits on
isolated business transactions, which is not prohibited under Philippine law. Thus, this Court has held
that a foreign insurance company may sue in the Philippine courts upon the marine insurance policies
issues by it abroad to cover international-‐bound cargoes shipped by a Philippine carrier, even if it has no
license to do business in this country. It is the act of engaging in business without the prescribed license,
and not the lack of license per se, which bars a foreign corporation from access to our courts. Thus, the ☰
payment by the insurer to the assured operates as an equitable assignment of all remedies the assured
may have against the third party who caused the damage. Subrogation is not dependent upon, nor does
it grow out of, any privity of contract or upon written assignment of claim. It accrues simply upon
payment of the insurance by the insurer. (Aboitiz Shipping Corporation vs. Insurance Company of North
America, G.R. No. 168402, August6, 2008, [Reyes, R.T.,J.])
1. Both the insurer and the consignee are bound by the contractual stipulations under the bill of lading;
2. The insurer can be subrogated only to the rights as the insured may have against the wrongdoer.
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