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Eastern Shipping vs CA

GR No. 97412, 12 July 1994


24 SCRA 7!
"AC#S
Two fiber drums were shipped owned by Eastern Shipping from Japan. The shipment as insured
with a marine policy. Upon arrival in Manila unto the custody of metro Port Service, which ecepted to one
drum, said to be in bad order and which damage was un!nown the Mercantile "nsurance #ompany. $llied
%ro!erage #orporation received the shipment from Metro, one drum opened and without seal. $llied
delivered the shipment to the consignee&s warehouse. The latter ecepted to one drum which contained
spillages while the rest of the contents was adulterated'fa!e. $s conse(uence of the loss, the insurance
company paid the consignee, so that it became subrogated to all the rights of action of consignee against
the defendants Eastern Shipping, Metro Port and $llied %ro!erage. The insurance company filed before
the trial court. The trial court ruled in favor of plaintiff an ordered defendants to pay the former with
present legal interest of )*+ per annum from the date of the filing of the complaint. ,n appeal by
defendants, the appellate court denied the same and affirmed in toto the decision of the trial court.
$SS%E
-). /hether the applicable rate of legal interest is )*+ or 0+.
-*. /hether the payment of legal interest on the award for loss or damage is to be computed from the time
the complaint is filed from the date the decision appealed from is rendered.
&E'(
-). The #ourt held that the legal interest is 0+ computed from the decision of the court a (uo.
/hen an obligation, not constituting a loan or forbearance of money, is breached, an interest on the
amount of damaes awarded may be imposed at the discretion of the court at the rate of 0+ per annum.
1o interest shall be ad2udged on unli(uidated claims or damages ecept when or until the demand can be
established with reasonable certainty.
/hen the 2udgment of the court awarding a sum of money becomes final and eecutor, the
rate of legal interest shall be )*+ per annum from such finality until satisfaction, this interim period being
deemed to be by then an e(uivalent to a forbearance of money.
The interest due shall be )*+ P$ to be computed fro default, J or EJ3.
-*. 4rom the date the 2udgment is made. /here the demand is established with reasonable
certainty, the interest shall begin to run from the time the claim is made 2udicially or EJ but when such
certainty cannot be so reasonably established at the time the demand is made, the interest shll begin to
run only from the date of 2udgment of the court is made.
-5. The #ourt held that it should be computed from the decision rendered by the court a (uo.

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