WILD VALLEY SHIPPING CO. vs. CA 342 SCRA 213 October 6, 2000

“PROCESSUAL PRESUMPTION DOCTRINE”

Facts:

The Philippine Roxas, a vessel owned by Philippine President Lines, Inc., private respondent herein, arrived in Puerto Ordaz, Venezuela, to load iron ore. Upon the completion of the loading and when the vessel was ready to leave port, an official pilot of Venezuela, was designated by the harbour authorities in Puerto Ordaz to navigate the Philippine Roxas through the Orinoco River. The Philippine Roxas experienced some vibrations when it entered the San Roque Channel. The vessel proceeded on its way, with the pilot assuring the watch officer that the vibration was a result of the shallowness of the channel. The master (captain) checked the position of the vessel and verified that it was in the centre of the channel. The Philippine Roxas ran around in the Orinoco River, thus obstructing the ingress and egress of vessels. As a result of the blockage, the Malandrinon, a vessel owned by herein petitioner Wild valley Shipping Company, Ltd., was unable to sail out of Puerto Ordaz on that day. Subsequently, Wild valley Shipping Company, Ltd. filed a suit with the Regional Trial Court of Manila, Branch III against Philippine President Lines, Inc. and Pioneer Insurance Company (the underwriter/insurer of Philippine Roxas) for damages in the form of unearned profits, and interest thereon amounting to US $400,000.00plus attorney's fees, costs, and expenses of litigation.

BELLIS vs BELLIS 20 SCRA 358 G.R. No. L-23678, June 6, 1967

FACTS:

Amos Bellis, a US citizen, died a resident of Texas. He left two wills -- one devising a certain amount of money to his first wife and three illegitimate children and another, leaving the rest of his estate to his seven legitimate children. Before partition, the illegitimate children who are Filipinos opposed on the ground that they are deprived of their legitimes.

ISSUE:

Whether the applicable law is Texas law or Philippine laws