(99) Compania Maritima v. CA,GR L-50900, April 9, 1985 [Per J.Melencio-Herrera, First Division)
Pwede po pahelp sa FACTS. Medyo nahihirapan kasi ako paikliin. Thanks! :D
FACTS: A boat was purchased from the Shipping Administration by
Fernando A. Froilan and a
mortgage was constituted on the vessel in favor of the Shipping Administration. Froilan appeared
to have defaulted in spite of demands and also failed to pay the premiums on the insurance. The
title thereto was registered again in the name of the Shipping Administration, re-transferring the
ownership thereof to the government. Pan Oriental Shipping Co. offered to charter said vessel.
Froilan then tried to explain his failure to comply with the obligations he assumed and asked that
he be given another extension to file the necessary bond. Before due date, Froilan offered to pay
all his overdue accounts. However, the Shipping Administration denied his the rescission of the
contract. In 1949, the Shipping Administration and the Pan Oriental formalized the charter
agreement and signed a bareboat contract with option to purchase. On September 6, 1949 the
Cabinet revoked the cancellation of Froilan's contract of sale and restored to him all his rights on
condition that he would give not less than P10,000.00 to settle partially his overdue accounts and
that reimbursement of the expenses incurred for the repair and drydocking of the vessel
performed by Pan Oriental but Froilan again failed to comply with these conditions. Thus the
Cabinet, considering Froilan's consistent failure to comply with his obligations, the Executive
Secretary authorized the Administration to continue its charter contract with Pan Oriental and
enforce whatever rights it may still have under the original contract with Froilan. On August 25,
1950, the Cabinet resolved once more to restore Froilan to his rights under the original contract
of sale, on condition that he shall pay the sum of P10,000.00 upon delivery of the vessel to him.
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- Fall '19
- Debt, Fernando A. Froilan, Pan Oriental, Shipping Administration
