TRANSPORTATION Laws calamity; (b) act of the Public enemy Civil; (c) act or o} le n war, whether intern; Mission of the shippe, roe ee a 7 i IPPer or owner of the goods; (d. the - the goods or defects in the packing orn the container Order or act of competent Public a hi close list tne authority. This is a closed list. If the ‘oration is other than the enumerated Carrier is rightly liable therefore . However, [the Court] cannot attribute the destruction, loss or de- Mai ron OF the cargo solely to the carier. We find the consignee Re. Public Flour Mills Corporation yuilty of contributory negligence. It was Stasonably notified of the arrival of the barge but did not immediately Start the unloading operations. No explanation was proffered by the Consignee as to why there was a delay of six (6) days. Had the unload- ing been commenced immediately, the loss could have been completely avoided or at least minimized. AS testified to by the chemist who ana- lyzed the corn samples, the mold growth was only at its incipient stage and could still be arrested by drying. The com grains were not yet toxic or unfit for consumption. For its contributory negligence, Republic Mills Corporation should share at least 40% of the loss. DECISION REVERSED AND SET ASIDE. The Philippine American General Insurance Co., Inc. y. Court of Appeals and Felman Shipping Lines G.R. No. 116940, June 11, 1997 FACTS: On 6 July 1983," Coca-Cola Bottlers Philippines, Inc. loaded on board “MV_Asilda,” a vessel owned and operated by respondent Felman Shipping Lines (FELMAN), 7,500 cases of I:liter Coca-Cola softdrink bottles to be iransported from Zamboanga City to Cebu City for consignee Coca-Cola Bottlers Philippines, Inc., Cebu The shipment was insured with petitioner Philippine American General Insurance Co., Inc. (PHILAMGEN), under Marine Open Policy No. 100367-PAG. 36 smoonsrsntiiindnsiishiiast Sa LARMNRNAACNNRNbn. ensiceen the following mor Zamboanga del No the SUBjeCt 7,500 c On 15 July 1 Inc., Cebu plant, fi of damages it susta sank with “MV A: the consignee to fil Claiming its against responden loss. Consequentl shipowner for sum In its comp total loss of “M\ inseaworthines9/a alleged that the ve grossly negligent i nearby port or bea On 28 Febru of FELMAN. It r the port of Zamt Philippine Coas ‘seaworthiness. Th only be attributed should attach unk ace of the Code of Commer: ISSUE: Wh port of Zemboang HELD: (9 amboanga. In a. of the vessel coni port of Zamboa