trasnpos

facts:
Novartis imported from south korea packaging materials, by engaging the services of PRO
shipped the cargo through dongnama shipping co ltd which in turn loaded the same on M/
Bangkok owned and operated by Heung-a Shipping Corp.

NOVARTIS insured the shipment with Philam Insurance Company, Inc. against all lo
liability, or expense before, during transit and even after the discharge of the shipm
complete delivery to the consignees premises.

The shipment reached NOVARTIS premises on January 5, 2001 and was thereupon
the companys Senior Laboratory Technician, Caparoso, who later found out that th
the sea van were water damaged.

HEUNG-A argued that it is not the carrier insofar as NOVARTIS is concerned. The c
either PROTOP, a freight forwarder considered as a non-vessel operating common c
DONGNAMA which provided the container van to PROTOP. HEUNG-A denied being t
the subject shipment and asserted that its only obligation was to provide DONGNA
board its vessel.

issue: whether heung-a is a common carrier of novartis shipment and as such may
for damages.
ruling: yes, the charter party between HEUNG-A and DONGNAMA was a contract of
as such whereby the use of shipping space on vessels is leased in part or as a who
goods for others. The voyage remains under the responsibility of the carrier and it
for the loss of goods received for transportation. The charterer is free from liability
persons in respect of the ship.38
"[C]ommon carriers, as a general rule, are presumed to have been at
fault or negligent if the goods they transported deteriorated or got lost
or destroyed. That is, unless they prove that they exercised
extraordinary diligence in transporting the goods. In order to avoid
responsibility for any loss or damage, therefore, they have the burden
of proving that they observed such diligence."42