G.R. Nos. 90306-07. July 30, 1990
FACTS:
Kumagai (Japanese Corporation) filed a complaint for the collection of a sum of money against Atlantic Venus (Panama Corporporation), the vessel MV Estella and Crestamonte Shipping Corporation (Philippine corporations). Atlantic is the owner of the MV Estella.
Crestamonte appointed N.S. Shipping Corporation (NSS; a japanese corporation), as its general agent in Japan which in turn appointed Kumagai as its local agent in Osaka. Kumagai supplied the MV Estella with supplies and services but despite repeated demands Crestamonte failed to pay the amounts due.
Fu Hing Oil Co., Ltd and K.K. Shell (foreign corporations not doing business in the Philippines), filed a motion to intervene, provided that upon request of NSS, it supplied marine diesel oil/fuel to the MV Estella and that despite previous demands, Crestamonte has failed to pay.