MANILA -- The Court of Appeals said Aboitiz Transport System Corp. only has to blame itself for losses incurred when it transferred its operations to the Manila South Harbor from the Manila North Harbor.
In an 11-page decision, the appellate court’s eight division junked the P500-million damage suit the shipping firm filed against the Philippine Ports Authority (PPA).
The CA, through Associate Justice Agnes Reyes-Carpio, dismissed the firm’s claims it was adversely affected when the PPA asked for its transfer to the Manila South Harbor.
“In this case, we find no sufficient showing of bad faith on the part of the appellee as its documentary evidence, clearly establish that it was... Aboitiz Transport System Corporation which requested appellee’s permission to transfer operations to Manila South Harbor, not the other way around,” the CA noted.
The appellate court upheld an earlier ruling of the Manila regional trial court.
There, Aboitiz claimed it was “induced and forced” by the PPA to abandon its operations at Pier 4. It also claimed the PPA promised assistance for the transfer.
The shipping firm complained that the PPA reneged on its promise it can return to Pier 4. It also said operations were more costly at the South Harbor.
In its defense, the PPA said: “Plaintiff has no cause of action. Defendant has no basis to make any promise, representation, insurance or guarantee to any company against any business losses.”
The appellate court also agreed.