Pollard vs.
NDC, G.R. No. 143866, August 22, 2005
Subject: Transportation Law
FACTS
Poliand is
an assignee of the of the rights of Asian Hardwood over the outstanding
obligation of National Development Corporation (NDC), the latter being the
owner of Galleon which previously secured credit accommodations from Asian
Hardwood for its expenses on provisions, oil, repair, among others. Galleon
also obtained loans from Japanese lenders to finance acquisition of vessels
which was guaranteed by DBP in consideration of a promise by Galleon to secure
a first mortgage on the vessels. DBP later transferred ownership of the vessel
to NDC. A collection suit was filed
after repeated demands of Poliand for the satisfaction of the obligation from
Galleon, NDC and DBP went unheeded.
ISSUE
Whether or
not Poliand has a maritime lien enforceable against NDC or DBP.
RULING
Yes,
Poliand has a maritime lien which is more superior than DBP’s mortgage lien.
Before POLIAND’s claim may be classified as superior to the mortgage
constituted on the vessel, it must be shown to be one of the enumerated claims
which Section 17, P.D. No. 1521 declares as having preferential status in the
event of the sale of the vessel. One of such claims enumerated under Section
17, P.D. No. 1521 which is considered to be superior to the preferred mortgage lien
is a maritime lien arising prior in time to the recording of the preferred
mortgage. Such maritime lien is described under Section 21, P.D. No. 1521.
Under the
aforequoted provision, the expense must be incurred upon the order of the owner
of the vessel or its authorized person and prior to the recording of the ship
mortgage. Under the law, it must be established that the credit was extended to
the vessel itself.
In this
case, the trial court found that GALLEON’s advances obtained from Asian Hardwood
were used to cover for the payment of bunker oil/fuel, unused stores and oil,
bonded stores, provisions, and repair and docking of the GALLEON vessels.
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