Home » Posts tagged with "Atty Joey Banday"

Posts tagged with "Atty Joey Banday"

Q & A: The Rules of Procedure for Admiralty Cases

Q & A: The Rules of Procedure for Admiralty Cases

Jun. 9 | Atty Joey T. Banday The Supreme Court, acting on the recommendation of the Chairperson of the Special Committee for the Rules of Procedure for Admiralty Cases, resolved to approve on 17 September 2019 the “Rules of Procedure for Admiralty Cases “...

Cargo damage liability of arrastre operator and carrier

Cargo damage liability of arrastre operator and carrier

Jan. 14 | Atty Joey T. Banday Sometime in April 1995, Nich Corp shipped to Universe Motors [UM] 219 packages containing 120 units of brand new pick-up trucks, without engine, tires and batteries, on board the S/S “Cagayan” from Japan to Manila. The shipment...

Prescription Period for Questioning Propriety of Entry, Settlement of Duties

Prescription Period for Questioning Propriety of Entry, Settlement of Duties

Oct. 9 | Can the Philippine Bureau of Customs question propriety of entry and settlement of duties beyond one year from date of payment of final duties?   No. And this is the story.   Bell Petroleum, Inc. [BPI] imported 1,979,674 US barrels of Arab...

Who Gets to Decide Degree of Disability of Seafarer?

Who Gets to Decide Degree of Disability of Seafarer?

Apr. 3 | In determining the degree of disability of a seafarer, should the assessment of the company-designated physician prevail over that of the physician appointed by the seafarer?   Yes. And this is the story.   On March 30, 2011, Floro Tripon boarded...

Exemption of arrastre operator from negligence rule

Exemption of arrastre operator from negligence rule

Oct. 5 | Can the arrastre operator be exempt from the presumption of the fault/negligence rule?   Yes. And this is the story.   Sometime in 1989, ABC Trading [ABC] imported from Singapore 10 containers of soft wheat flour. The shipment was discharged...

Freight forwarder joint liability with ocean carrier

Freight forwarder joint liability with ocean carrier

Jan. 19 | Is the freight forwarder solidarily liable with the ocean carrier?   Yes. And this is the story.   Sometime in 2000, Artis Trading Phils, Inc. [ARTIS] imported from Jen Trading Co. [JEN] of South Korea 200 rolls of plastic packaging materials.   In...

Broker Accreditation at BOC

Broker Accreditation at BOC

Sep. 17 | Does a customs broker need a certificate of accreditation from the BOC?   No. And this is the story.   After the passage of the Customs Brokers Act of 1994 [Republic Act 9280], the Commissioner of the Bureau of Customs [BOC] with the approval...

The Rotterdam Rules

The Rotterdam Rules

Nov. 30 | The Rotterdam Rules is the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partially by Sea.  It is a convention intended to unify and modernize international rules already in existence that govern the international...

Reliability of draught surveys

Reliability of draught surveys

May. 14 | IS a draft survey reliable? No. And this is the story.   On November 25, 1995, C Export Co. allegedly loaded on board the vessel M/V “Nina” at the Port of Darrow, Louisiana, U.S.A., 3,300 MT of soya bean in bulk for delivery to SM Enterprises...