Professional Documents
Culture Documents
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4. Follow the syllabus structure, for example below
Transportations in General
a. Relationship to a Public Utility (ABUYUAN)
b. Nature of a Franchise (BERNARDO)
Raymundo v Luneta
Cogeo-Cubao Operator and Driver’s Association v CA
And so forth…
God Bless and Good Luck!
I Common Carriers
a. In General
i. Definitions, essential elements; Art. 1732
a. Old Regime
#1 U.S. v Tan Piaco (RAMORAN)
FACTS: Piaco rented two automobile trucks and was using them upon the highways of the
Province of Leyte for the purpose of carrying some passengers and freight. He carried
passengers and freight under a special contract in each case. Piaco had not held himself out to
carry all passengers and all freight for all persons who might offer passengers and freight.
Said defendants were charged with a violation of the Public Utility Law (Act No. 2307 as
amended by Acts No. 2362 and 2694), in that they were operating a public utility without
permission from th
e Public Utility Commissioner.
ISSUE:Whether or not the appellant was a public utility under the foregoing definitions, and was
therefore subject to the control and regulation of the Public Utility Commission.
RULING: NO. Public use means the same as “use by the public.” The essential feature of the
public use is that it is not confined to privilege individuals, but is open to the indefinite public.
It is this indefinite or unrestricted quality that gives it its public character. In determining
whether a use is public, we must look not only the character of the business to be done, but also to
the proposed mode of doing it. If the use is merely optional with the owners, or the public
benefit is merely incidental, it is not a public use, authorizing the exercise of the jurisdiction
of the public utility commission. There must be, in general, a right which the law compels the
power to give to the general public. It is not enough that the general prosperity of the public is
promoted. Public use is not synonymous with public interest. The true criterion by which to judge
of the character of the use is whether the public may enjoy it by right or only by permission.
For all of the foregoing reasons, the appellant was not operating a public utility, for public use, and
was not, therefore, subject to the jurisdiction of the Public Utility Commission.
#2 Home Insurance Co. v. American Steamship, G.R. No. L-25599, 04 April 1968 (REY)
Facts: The marine vessel SS Crowborough shipped freight prepaid (21,740 jute bags of
Peruvian fish meal) at Chimbate, Peru, covered by clean bills of lading Numbers 1 and 2 on
January 17, 1963. The cargo, consigned to San Miguel Brewery, Inc. and insured by petitioner
Home Insurance Company for $202,505, arrived in Manila on March 7, 1963 and was discharged
into the lighters of the Luzon Stevedoring Company. When the cargo was delivered to consignee
San Miguel Brewery Inc., there were shortages amounting to P12,033.85, causing the latter to
lay claims against the petitioner, respondents Luzon Stevedoring Corporation and American
Steamship Agencies, owner and operator of the abovementioned vessel.
Petitioner paid P14,870.71 to the consignee and filed a complaint for recovery of said
amount against the respondents when the latter refused to pay the liability. Luzon Stevedoring
Corp. alleged that it delivered the goods with due diligence and it also claimed that petitioner's
claim was prescribed under Article 366 of the Code of Commerce stating that the claim must be
made within 24 hours from receipt of the cargo. American Steamship Agencies denied liability by
alleging that under the provisions of the Charter party referred to in the bills of lading, the
charterer, not the ship owner, was responsible for any loss or damage of the cargo. Furthermore, it
claimed to have exercised due diligence in stowing the goods and that as a mere forwarding agent,
it was not responsible for losses or damages to the cargo.
The trial court ruled against American Steamship Agencies but absolved the liability of
Luzon Stevedoring Corp.
Issue: Whether or not the stipulation in the charter party of the owner's non-liability
is valid.
Ruling: Yes. A perusal of the charter party referred to shows that while the possession
and control of the ship were not entirely transferred to the charterer, the vessel was chartered to
its full and complete capacity. Furthermore, the charter had the option to go north or south or
vice-versa, loading, stowing and discharging at its risk and expense. Accordingly, the charter party
contract is one of affreightment over the whole vessel rather than a demise. As such, the
liability of the ship owner for acts or negligence of its captain and crew, would remain in the
absence of stipulation.
Under American jurisprudence, a common carrier undertaking to carry a special cargo or
chartered to a special person only, becomes a private carrier. As a private carrier, a stipulation
exempting the owner from liability for the negligence of its agent is not against public policy, and is
deemed valid. The Civil Code provisions on common carriers should not be applied where the carrier
is not acting as such but as a private carrier. The stipulation in the charter party absolving the
owner from liability for loss due to the negligence of its agent would be void only if the strict public
policy governing common carriers is applied. Such policy has no force where the public at large is not
involved, as in the case of a ship totally chartered for the use of a single party.
b. Liberal Approach
#3 DE GUZMAN vs CA (Santos)
G.R. No. L-47822; December 22, 1988
FACTS:
Pedro de Guzman a merchant and authorized dealer of General Milk Company contracted
with respondent for the hauling of 750 cartons of Liberty filled milk from a warehouse in Makati
to petitioner's establishment in Urdaneta on or before 4 December 1970. Only 150 boxes of
Liberty filled milk were delivered to petitioner since the truck which carried these boxes was
hijacked somewhere along the MacArthur Highway in Paniqui, Tarlac, by armed men who took with
them the truck, its driver, his helper and the cargo.
Petitioner commenced action against private respondent in the CFI of Pangasinan, demanding
payment of the lost goods, arguing that the latter failed to exercise extraordinary diligence
required of him by the law. Respondent denied that he was a common carrier and argued that he
could not be held responsible for the value of the lost goods, such loss having been due to force
majeure.
ISSUE:
Whether private respondent Ernesto Cendana may, under the facts earlier set forth, be
properly characterized as a common carrier.
HELD:
Yes. Private respondent is a common carrier. However, he could not be held liable for
the lost goods.
Article 1732 of the Civil Code makes no distinction between one whose principal business
activity is the carrying of persons or goods or both, and one who does such carrying only as an
ancillary activity. Article 1732 also carefully avoids making any distinction between a person or
enterprise offering transportation service on a regular or scheduled basis and one offering such
service on an occasional, episodic or unscheduled basis. Neither does Article 1732 distinguish
between a carrier offering its services to the "general public” and one who offers services or
solicits business only from a narrow segment of the general population.
Under Article 1745 (6), a common carrier is held responsible — and will not be allowed to
divest or to diminish such responsibility — even for acts of strangers like thieves or robbers,
except where such thieves or robbers in fact acted "with grave or irresistible threat, violence
or force."
We believe and so hold that the limits of the duty of extraordinary diligence in the vigilance
over the goods carried are reached where the goods are lost as a result of a robbery which is
attended by "grave or irresistible threat, violence or force."
#4 Bascos v CA (TULIAO)
GR No. 101089 April 7, 1993
Facts
Cipriano subcontracted with Bascos to transport sacks of soya beans. Bascos failed to
deliver said cargo due to hijacking. As a consequence, Cipriano paid the owner of the soya
beans. The latter then asked for reimbursement from Bascos but the latter refused to pay.
Eventually, Cipriano filed a complaint for a sum of money and damages. The trial court ruled
in favor of Cipriano. On appeal to the CA, the trial court’s ruling was affirmed. Hence this
case. Bascos contend that the contractual relationship between him and Cipriano is the lease
of cargo truck and not a carriage of goods because they offer their services only to a select
group of people.
Issue
Whether or not there is a contract of carriage between the parties.
Ruling
Yes. Art. 1732 of the Civil Code defines a common carrier as a person, corporation or
firm or association engaged in the business of carrying or transporting passengers or goods or
both, by land, water or air, for compensation, offering their services to the public. The test
to determine a common carrier is whether the given undertaking is a part of the business
engaged in by the carrier which he has held out to the general public as his occupation rather
than the quantity or extent of the business transacted.
In this case, Bascos admitted that she was in the trucking business, offering her trucks
to those with cargo to move.
For the argument that the services were only offered to a select group of people, the
court held that Art. 1732 makes no distinction between one whose principal business activity is
the carrying of persons or goods or both, and one who does such carrying only as an ancillary
activity or sideline. It also avoids making any distinction between an occasional, episodic or
unscheduled basis. Neither does it distinguish between a carrier offering its services to the
general public, and one who offers services or solicits business only from a narrow segment of
the general population.
#5 Planters Products Inc. v. Court of Appeals, 226 SCRA 476 (USON)
G.R. No. 101503 September 15, 1993
FACTS:
Planters Products, Inc. (PPI), purchased from Mitsubishi International Corporation
9,329.7069 metric tons of Urea 46% fertilizer which the latter shipped in bulk aboard the cargo
vessel M/V "Sun Plum" owned by private respondent Kyosei Kisen Kabushiki Kaisha. Prior to its
voyage, a time charter-party on the vessel M/V "Sun Plum" pursuant to the Uniform General
Charter was entered into between Mitsubishi as shipper/charterer and KKKK as shipowner.
Upon arrival of the vessel, it took eleven (11) days for petitioner PPI to unload the cargo. A
private marine and cargo surveyor, Cargo Superintendents Company Inc. (CSCI), was hired by PPI to
determine the "outturn" of the cargo shipped, by taking draft readings of the vessel prior to and
after discharge. CSCI reported a shortage in the cargo of 106.726 M/T and that a portion of the
Urea fertilizer approximating 18 M/T was contaminated with dirt. Consequently, PPI sent a claim
letter Soriamont Steamship Agencies (SSA), the resident agent of the carrier, KKKK, for
P245,969.31 representing the cost of the alleged shortage in the goods shipped and the diminution
in value of that portion said to have been contaminated with dirt.
Respondent SSA explained that they were not able to respond to the consignee's claim for
payment because, according to them, what they received was just a request for shortlanded
certificate and not a formal claim, and that this "request" was denied by them because they "had
nothing to do with the discharge of the shipment." Hence, PPI filed an action for damages with the
Court of First Instance of Manila.
The lower court sustained the petitioner’s claim, but such decision was reversed by the
appellate court, which absolved the carrier from liability for the value of the cargo that was lost or
damaged. The appellate court ruled that the cargo vessel M/V "Sun Plum" owned by private
respondent KKKK was a private carrier and not a common carrier by reason of the time
charterer-party.
ISSUE:
Whether or not a common carrier becomes a private carrier by reason of a charter-party.
RULING:
No. A "charter-party" is defined as a contract by which an entire ship, or some
principal part thereof, is let by the owner to another person for a specified time or use.
Charter parties are of two types: (a) contract of affreightment which involves the use of shipping
space on vessels leased by the owner in part or as a whole, to carry goods for others; and, (b)
charter by demise or bareboat charter, by the terms of which the whole vessel is let to the
charterer with a transfer to him of its entire command and possession and consequent control over
its navigation, including the master and the crew, who are his servants. Contract of affreightment
may either be time charter, wherein the vessel is leased to the charterer for a fixed period of
time, or voyage charter, wherein the ship is leased for a single voyage.
In this case, when petitioner chartered the vessel M/V "Sun Plum", the ship captain, its
officers and compliment were under the employ of the shipowner and therefore continued to be
under its direct supervision and control. Hardly then can we charge the charterer, a stranger to the
crew and to the ship, with the duty of caring for his cargo when the charterer did not have any
control of the means in doing so.
Hence, it is only when the charter includes both the vessel and its crew, as in a
bareboat or demise that a common carrier becomes private, at least insofar as the particular
voyage covering the charter-party is concerned.
#6 Fabre v. Court of Appeals, 259 SCRA 426 (VALENZUELA)
FACTS:
Spouses Fabre were owners of a 1982 model Mazda minibus. They used the bus as a school
bus for children in St. Scholastica’s College – Manila. They hired Cabil as the driver after trying
him out for two weeks. Subsequently, Word for the World Christian Fellowship, Inc. (WWCF)
arranged with petitioners the transportation of its 33 members from Manila to La Union and
back in consideration of the amount of P3,000.00. Agreed meeting time: 5pm but left the meeting
place by 8pm. Meeting place: Tropical Hut – Ortigas Ave cor. EDSA
The bus detoured from Carmen, Pangasinan to Lingayen, Pangasinan due to a bridge in
Carmen that was under construction. That night, it was raining when they came upon a sharp
curve called “siete”. The bus was running at 50KM/H, causing the bus to skid to the road
shoulder. The bus hit the traffic steel brace, rammed the fence of a resident nearby and hit a
coconut tree. Several passengers were injured.
One Amyline Antonio brought the case for being paralyzed from the waist down. The RTC
rendered a decision against Spouses Fabre and Cabil saying that no convincing evidence was
shown that the minibus was properly checked for travel to a long-distance trip and that the
driver was properly screened and tested before being admitted for employment. CA affirmed this
ruling.
Upon appeal, one of petitioner’s contention is that under the contract, the WWCF was
directly responsible for the conduct of the trip.
ISSUE: Whether or not, this case involves a contract of carriage.
RULING:
As already stated, this case actually involves a contract of carriage. The Fabres, did not
have to be engaged in the business of public transportation for the provisions of the Civil Code on
common carriers to apply to them. As this Court has held:
Art. 1732. Common carriers are persons, corporations, firms or associations engaged in the
business of carrying or transporting passengers or goods or both, by land, water, or air for
compensation, offering their services to the public.
The above article makes no distinction between one whose principal business activity is
the carrying of persons or goods or both, and one who does such carrying only as an ancillary
activity (in local idiom, as “a sideline”). Article 1732 also carefully avoids making any distinction
between a person or enterprise offering transportation service on a regular or scheduled basis and
one offering such service on an occasional, episodic or unscheduled basis. Neither does Article 1732
distinguish between a carrier offering its services to the “general public,” i.e., the general
community or population, and one who offers services or solicits business only from a narrow
segment of the general population. We think that Article 1732 deliberately refrained from making
such distinctions.
#7 Loadstar Shipping Co., Inc. v. Court of Appeals, 315 SCRA 339 (GR 131621; 9/28/99
(owner’s risk)) (ABUYUAN)
G.R. No. 131621. September 28, 1999
Facts:
On November 19, 1984, LOADSTAR received on board its M/V “Cherokee” (hereafter, the vessel)
the following goods for shipment:
a) 705 bales of lawanit hardwood;
b) 27 boxes and crates of tilewood assemblies and others; and
c) 49 bundles of moulding R & W (3) Apitong Bolidenized.
The goods, amounting to P6,067,178 were insured for the same amount with MIC against various
risks including “TOTAL LOSS BY TOTAL LOSS OF THE VESSEL.” The vessel, in turn, was insured
by Prudential Guarantee & Assurance, Inc. (hereafter PGAI) for P4 million. On November 20,
1984, on its way to Manila from the port of Nasipit, Agusan del Norte, the vessel, along with
its cargo, sank off Limasawa Island. As a result of the total loss of its shipment, the consignee
made a claim with LOADSTAR, which, however, ignored the same. As the insurer, MIC paid
P6,075,000 to the insured in full settlement of its claim and the latter executed a subrogation
receipt therefore.
On February 4, 1985, MIC filed a complaint against LOADSTAR and PGAI, alleging that the sinking
of the vessel was due to the fault and negligence of LOADSTAR and its employees. It also
prayed that PGAI be ordered to pay the insurance proceeds from the loss of the vessel directly to
MIC, said amount to be deducted from MIC’s claim from LOADSTAR.
In its answer, LOADSTAR denied any liability for the loss of the shipper’s goods and
claimed that the sinking of its vessel was due to force majeure. T he court a quo rendered
judgment in favor of MIC, prompting loadstar to elevate the matter to the Court of Appeals, which
however, agreed with the trial court and affirmed its decision in toto. On appeal, loadstar
maintained that the vessel was a private carrier because it was not issued a Certificate of
Public Convenience, it did not have a regular trip or schedule nor a fixed route, and there was
only “one shipper, one consignee for a special cargo”.
Issue:
Whether or not M/V Cherokee was a private carrier so as to exempt it from the provisions covering
Common Carrier?
Ruling:
Yes. The Court ruled that Loadstar is a common carrier.
The Court held that LOADSTAR is a common carrier. It is not necessary that the carrier be issued
a certificate of public convenience, and this public character is not altered by the fact that the
carriage of the goods in question was periodic, occasional, episodic or unscheduled. Further, the
bare fact that the vessel was carrying a particular type of cargo for one shipper, which appears to
be purely coincidental; it is no reason enough to convert the vessel from a common to a private
carrier, especially where, as in this case, it was shown that the vessel was also carrying passengers.
Article 1732 also carefully avoids making any distinction between a person or enterprise offering
transportation service on a regular or scheduled basis and one offering such service on an
occasional, episodic or unscheduled basis. Neither does Article 1732 distinguish between a carrier
offering its services to the “general public,” i.e., the general community or population, and one who
offers services or solicits business only from a narrow segment of the general population.
Also, the stipulation in the case at bar effectively reduces the common carriers liability for
the loss or destruction of the goods to a degree less than extraordinary (Articles 1744 and
1745), that is,the carrier is not liable for any loss or damage to shipments made at “owner’s
risk.” Such stipulation is obviously null and void for being contrary to public policy.
c. Uncommon carriers
#8 First Philippine Industrial Corporation v. Court of Appeals, 300 SRA 661, GR 125948,
12/29/98 (AGUILAR)
FACTS:
Petitioner is a grantee of a pipeline concession under Republic Act No. 387. Sometime in January
1995, petitioner applied for mayor’s permit in Batangas. However, the Treasurer required petitioner
to pay a local tax based on gross receipts amounting to P956,076.04 pursuant to the Local
Government Code. In order not to hamper its operations, petitioner paid the taxes for the first
quarter of 1993 amounting to P239,019.01 under protest.
On January 20, 1994, petitioner filed a letter-protest to the City Treasurer, claiming that it is
exempt from local tax since it is engaged in transportation business. The respondent City Treasurer
denied the protest, thus, petitioner filed a complaint before the Regional Trial Court of Batangas on
June 15, 1994 for tax refund. Respondents assert that pipelines are not included in the term
“common carrier” which refers solely to ordinary carriers or motor vehicles. The trial court
dismissed the complaint, and such was affirmed by the Court of Appeals.
ISSUE:
Whether a pipeline business is included in the term “common carrier” so as to entitle the petitioner
to the exemption
HELD:
Article 1732 of the Civil Code defines a “common carrier” as “any person, corporation, firm or
association engaged in the business of carrying or transporting passengers or goods or both, by
land, water, or air, for compensation, offering their services to the public.”
The test for determining whether a party is a common carrier of goods is:
(1) He must be engaged in the business of carrying goods for others as a public employment,
and must hold himself out as ready to engage in the transportation of goods for person
generally as a business and not as a casual occupation;
(2) He must undertake to carry goods of the kind to which his business is confined;
(3) He must undertake to carry by the method by which his business is conducted and over his
established roads; and
(4) The transportation must be for hire.
Based on the above definitions and requirements, there is no doubt that petitioner is a common
carrier. It is engaged in the business of transporting or carrying goods, i.e. petroleum products, for
hire as a public employment. It undertakes to carry for all persons indifferently, that is, to all
persons who choose to employ its services, and transports the goods by land and for compensation.
The fact that petitioner has a limited clientele does not exclude it from the definition of a common
carrier.
#9 Asia Lighterage and Shipping v CA, 409 SCRA 340 (ALCANTARA)
G.R. No. 147246 August 19, 2003
ASIA LIGHTERAGE AND SHIPPING, INC., petitioner,
vs.
COURT OF APPEALS and PRUDENTIAL GUARANTEE AND ASSURANCE, INC., respondents.
FACTS:
Wheat in bulk, was shipped by Marubeni American Corporation of Portland, Oregon on board the
vessel M/V NEO for delivery to the consignee, General Milling Corporation in Manila. The
shipment was insured by the private respondent Prudential Guarantee and Assurance, Inc.
against loss or damage. The carrying vessel arrived in Manila and the cargo was transferred to
the custody of the petitioner Asia Lighterage and Shipping, Inc. The petitioner was contracted
by the consignee as carrier to deliver the cargo to consignee's warehouse at Ugong, Pasig City. 900
metric tons of the shipment was loaded on barge PSTSI III for delivery to consignee. The
cargo did not reach its destination.
It appears that the transport of said cargo was suspended due to a warning of an incoming
typhoon. The petitioner proceeded to pull the barge to Engineering Island off Baseco to seek
shelter from the approaching typhoon. A few days after, the barge developed a list because of a
hole it sustained after hitting an unseen protuberance underneath the water. The barge was then
towed to ISLOFF terminal before it finally headed towards the consignee's wharf. Upon reaching
the Sta. Mesa spillways, the barge again ran aground due to strong current. To avoid the
complete sinking of the barge, a portion of the goods was transferred to three other barges.
The next day, the towing bits of the barge broke. It sank completely, resulting in the total loss
of the remaining cargo. Private respondent indemnified the consignee. Thereafter, as subrogee, it
sought recovery of said amount from the petitioner, but to no avail.
The private respondent filed a complaint against the petitioner for recovery of the amount of
indemnity, attorney's fees and cost of suit.
The Regional Trial Court ruled in favor of the private respondent.
Petitioner appealed to the Court of Appeals insisting that it is not a common carrier. It
contends that it is not a common carrier but a private carrier. Allegedly, it has no fixed and publicly
known route, maintains no terminals, and issues no tickets. It points out that it is not obliged to
carry indiscriminately for any person. It is not bound to carry goods unless it consents. In short, it
does not hold out its services to the general public. The appellate court affirmed the decision of
the trial court
Issues:
(1) Whether the petitioner is a common carrier; and,
(2) Assuming the petitioner is a common carrier, whether it exercised extraordinary diligence in its
care and custody of the consignee's cargo.
RULING:
(1) Petitioner is a common carrier.
Article 1732 of the Civil Code defines c ommon carriers as persons, corporations, firms or
associations engaged in the business of carrying or transporting passengers or goods or both, by
land, water, or air, for compensation, offering their services to the public.
In De Guzman vs. Court of Appeals, the Court held that the definition of common carriers in
Article 1732 of the Civil Code makes no distinction between one whose principal business activity
is the carrying of persons or goods or both, and one who does such carrying only as an
ancillary activity. It also did not distinguish between a person or enterprise offering
transportation service on a regular or scheduled basis and one offering such service on an
occasional, episodic or unscheduled basis. Further, the Court ruled that Article 1732 does not
distinguish between a carrier offering its services to the g eneral public, and one who offers
services or solicits business only from a narrow segment of the general population.
In the case at bar, the principal business of the petitioner is that of lighterage and drayage and it
offers its barges to the public for carrying or transporting goods by water for compensation.
Petitioner is clearly a common carrier.
Petitioner, therefore, is a common carrier whether its carrying of goods is done on an
irregular rather than scheduled manner, and with an only limited clientele. A common carrier
need not have fixed and publicly known routes. Neither does it have to maintain terminals or issue
tickets.
To be sure, petitioner fits the test of a common carrier as laid down in Bascos vs. Court of
Appeals. The test to determine a common carrier is "whether the given undertaking is a part of
the business engaged in by the carrier which he has held out to the general public as his
occupation rather than the quantity or extent of the business transacted." In the case at bar,
the petitioner admitted that it is engaged in the business of shipping and lighterage, offering its
barges to the public, despite its limited clientele for carrying or transporting goods by water for
compensation.
(2) Petitioner failed to exercise extraordinary diligence in its care and custody of the
consignee's goods.
Common carriers are bound to observe extraordinary diligence in the vigilance over the goods
transported by them. They are presumed to have been at fault or to have acted negligently if the
goods are lost, destroyed or deteriorated. To overcome the presumption of negligence in the case
of loss, destruction or deterioration of the goods, the common carrier must prove that it exercised
extraordinary diligence. There are, however, exceptions to this d that it has exercised due
diligence before, during and after the occurrence of the typhoon to prevent or minimize the loss.
The evidence show that, even before the towing bits of the barge broke, it had already previously
sustained damage when it hit a sunken object while docked at the Engineering Island. It even
suffered a hole. Clearly, this could not be solely attributed to the typhoon. The partly-submerged
vessel was refloated but its hole was patched with only clay and cement. The patch work was merely
a provisional remedy, not enough for the barge to sail safely. Thus, when petitioner persisted to
proceed with the voyage, it recklessly exposed the cargo to further damage. This is not all.
Petitioner still headed to the consignee's wharf despite knowledge of an incoming typhoon.
Accordingly, the petitioner cannot invoke the occurrence of the typhoon as force majeure to
escape liability for the loss sustained by the private respondent. Surely, meeting a typhoon
head-on falls short of due diligence required from a common carrier. More importantly, the
officers/employees themselves of petitioner admitted that when the towing bits of the vessel
broke that caused its sinking and the total loss of the cargo upon reaching the Pasig River, it was no
longer affected by the typhoon. The typhoon then is not the proximate cause of the loss of the
cargo; a human factor, i.e., negligence had intervened.
#10 Sps. Cruz v. Sun Holidays, Inc. (BERNARDO)
G.R. No. 186312, June 29, 2010
Facts:
Petitioners, Sps. Cruz filed a complaint against Sun Holidays, Inc. for damages arising from the
death of their son Ruelito Cruz who died on board M/B Coco Beach III that capsized en route to
Batangas from Puerto Galera.
The petitioners demanded indemnification in the amount of at least ₱4,000,000. However, the
respondent denied any responsibility, claiming that the incident was due to a fortuitous event. As an
act of commiseration, respondent offered the amount of ₱10,000 to petitioners upon their signing
of a waiver which the petitioners declined.
The petitioner then filed the complaint as earlier stated, it alleged that respondent, as a common
carrier, was guilty of negligence in allowing M/B Coco Beach III to sail despite storm warnings. In
its Answer, respondent denied being a common carrier, alleging that its boats are not available to
the general public as they only ferry Resort guests and crew members. Nonetheless, it claimed that
it exercised the utmost diligence in ensuring the safety of its passengers. By way of Counterclaim,
respondent alleged that it is entitled to an award for attorney’s fees and litigation expenses.
The Regional Trial Court dismissed the petitioners’ Complaint and respondent’s Counterclaim, and
the subsequent Motion for Reconsideration of petitioners were denied.
The appellate court likewise denied petitioners’ appeal, holding that the RTC correctly ruled that
respondent is a private carrier which is only required to observe ordinary diligence, that respondent
in fact observed extraordinary diligence in transporting its guests on board M/B Coco Beach III
and that the proximate cause of the incident was a fortuitous event.
The petitioners filed a Motion for Reconsideration but was denied. Thus, the present Petition for
Review.
Issues:
1) Whether or not M/B Coco Beach III is a common carrier required to exercise
extraordinary diligence.
2) Whether or not the incident was caused by a fortuitous event.
Held:
1) Yes. M/B Coco Beach III is a common carrier required to exercise extraordinary diligence.
The Civil Code defines "common carriers" in Article 1732 as “persons, corporations, firms or
associations engaged in the business of carrying or transporting passengers or goods or both,
by land, water, or air for compensation, offering their services to the public.”
The article makes no distinction between one whose principal business activity is the carrying
of persons or goods or both, and one who does such carrying only as an ancillary activity. It
also carefully avoids making any distinction between a person or enterprise offering transportation
service on a regular or scheduled basis and one offering such service on an occasional, episodic or
unscheduled basis. Neither does it distinguish between a carrier offering its services to the
"general public.”
With the foregoing, respondent can be thus considered a common carrier required to exercise
extraordinary diligence. Its ferry services are so intertwined with its main business as to be
properly considered ancillary thereto. The constancy of respondent’s ferry services in its resort
operations is underscored by its having its own Coco Beach boats. Furthermore, the tour packages it
offers, which include the ferry services, may be availed of by anyone who can afford to pay the
same. These services are thus available to the public.
The elements of a "fortuitous event" are: (a) the cause of the unforeseen and unexpected
occurrence, or the failure of the debtors to comply with their obligations, must have been
independent of human will; (b) the event that constituted the caso fortuito must have been
impossible to foresee or, if foreseeable, impossible to avoid; (c) the occurrence must have
been such as to render it impossible for the debtors to fulfill their obligation in a normal
manner; and (d) the obligor must have been free from any participation in the aggravation of
the resulting injury to the creditor.
In this case, the occurrence of squalls was expected under the weather condition and it
appears that M/B Coco Beach III experienced engine trouble before it capsized and sank.
Therefore, the incident was not free from human intervention.
#11 Schmitz Transport & Brokerage Corporation v Transport Venture, Inc., G.R. No.
150225, 22 April 2005 (BUENCONSEJO)
G.R. No. 150255. April 22, 2005
SCHMITZ TRANSPORT & BROKERAGE CORPORATION vs. TRANSPORT VENTURE, INC.,
INDUSTRIAL INSURANCE COMPANY, LTD., and BLACK SEA SHIPPING AND DODWELL
now INCHCAPE SHIPPING SERVICES
FACTS:
SYTCO Pte Ltd. Singapore shipped from the port of Ilyichevsk, Russia on board
M/V "Alexander Saveliev" (a vessel of Russian registry and owned by Black Sea) 545 hot
rolled steel sheets in coil.
The cargoes, which were to be discharged at the port of Manila in favor of the
consignee, Little Giant Steel Pipe Corporation (Little Giant), were insured with Industrial
Insurance Company Ltd. (Industrial Insurance).
The vessel arrived at the port of Manila on October 24, 1991 wherein it was
assigned a place of berth at the outside breakwater at the Manila South Harbor.
Schmitz Transport, whose services the consignee (Little Giant) engaged to secure
the requisite clearances, to receive the cargoes from the shipside, and to deliver them to
Little Giant’s warehouse at Cainta, Rizal, in turn engaged the services of TVI to send a
barge and tugboat at shipside.
On October 26, 1991, around 4:30 p.m., TVI’s tugboat towed the barge "Erika V" to
shipside. By 7:00 p.m., the tugboat, after positioning the barge alongside the vessel, left
and returned to the port terminal. At 9:00 p.m., unloading of 37 of the 545 coils from the
vessel unto the barge has commenced.
By 12:30 a.m. of October 27, 1991 during which the weather condition had become
inclement due to an approaching storm, the unloading unto the barge of the 37 coils was
accomplished. No tugboat pulled the barge back to the pier, however.
At around 5:30 a.m. of October 27, 1991, due to strong waves, the crew of the
barge abandoned it and transferred to the vessel. The barge pitched and eventually
capsized, washing the 37 coils into the sea. At 7:00 a.m., a tugboat finally arrived to pull
the already empty and damaged barge back to the pier.
Little Giant thus was by paid Industrial Insurance. Industrial Insurance later filed
a complaint against Schmitz Transport, TVI, and Black Sea through its representative
Inchcape (the defendants) before the RTC of Manila, for the recovery of the amount it
paid to Little Giant.
By Decision of the RTC, it held all the defendants negligent. On appeal, the CA
affirmed RTC decision and ruled that all the defendants were common carriers — Black
Sea and TVI for engaging in the transport of goods and cargoes over the seas as a regular
business and not as an isolated transactions and Schmitz Transport for entering into a
contract with Little Giant to transport the cargoes from ship to port for a fee. Thus, this
appeal by petitioner against the respondents.
ISSUE:
RULING:
YES. Contrary to petitioner’s insistence, this Court, as did the appellate court,
finds that petitioner is a common carrier. For it undertook to transport the cargoes from
the shipside of "M/V Alexander Saveliev" to the consignee’s warehouse at Cainta, Rizal. As
the appellate court put it, "as long as a person or corporation holds itself to the public
for the purpose of transporting goods as a business, it is already considered a
common carrier regardless if it owns the vehicle to be used or has to hire one." That
petitioner is a common carrier, the testimony of its own Vice-President and General
Manager that part of the services it offers to its clients as a brokerage firm includes
the transportation of cargoes reflects so.
It is settled that under a given set of facts, a customs broker may be regarded as
a common carrier. Thus, this Court, in A
.F. Sanchez Brokerage, Inc. v. The Honorable Court
of Appeals, held:
The appellate court did not err in finding petitioner, a customs broker, to be also a
common carrier, as defined under Article 1732 of the Civil Code, to wit,
Art. 1732. Common carriers are persons, corporations, firms or associations engaged in the
business of carrying or transporting passengers or goods or both, by land, water, or air,
for compensation, offering their services to the public.
Article 1732 does not distinguish between one whose principal business activity is
the carrying of goods and one who does such carrying only as an ancillary activity. The
contention, therefore, of the petitioner that it is not a common carrier but a customs
broker whose principal function is to prepare the correct customs declaration and proper
shipping documents as required by law is bereft of merit. It suffices that petitioner
undertakes to deliver the goods for pecuniary consideration
And in C alvo v. UCPB General Insurance Co. Inc, this Court held that as the
transportation of goods is an integral part of a customs broker, the customs broker is
also a common carrier. For to declare otherwise "would be to deprive those with whom it
contracts the protection which the law affords them notwithstanding the fact that the
obligation to carry goods for its customers, is part and parcel of the petitioner's
business.”
#12 Crisostomo v. Court of Appeals, 409 SCRA 528 (GR 138334; 8/25/03) (CANENCIA)
FACTS:
Petitioner contracted the services of respondent Caravan Travel and Tours International, Inc. to
arrange and facilitate her booking, ticketing and accommodation in a tour dubbed Jewels of Europe.
Pursuant to said contract, the travel documents and plane tickets were delivered to the petitioner
who in turn gave the full payment for the package tour on June 12, 1991. Without checking her
travel documents, petitioner went to NAIA on Saturday, June 15, 1991, to take the flight for the
first leg of her journey from Manila to Hongkong. To petitioner’s dismay, she discovered that the
flight she was supposed to take had already departed the previous day. She learned that her plane
ticket was for the flight scheduled on June 14, 1991. She thus called up Menor to complain.
Subsequently, Menor prevailed upon petitioner to take another tour- the British Pageant. Upon
petitioner’s return from Europe, she demanded from respondent the reimbursement of the
difference between the sum she paid for Jewels of Europe and the amount she owed respondent
for the British Pageant tour.
Petitioner filed a complaint against respondent for breach of contract of carriage and damages
alleging that her failure to join Jewels of Europe was due to respondent’s fault since it did not
clearly indicate the departure date on the plane, failing to observe the standard of care required of
a common carrier when it informed her wrongly of the flight schedule. For its part, respondent
company, denied responsibility for petitioner’s failure to join the first tour, insisting that petitioner
was informed of the correct departure date, which was clearly and legibly printed on the plane
ticket. The travel documents were given to petitioner two days ahead of the scheduled trip.
Respondent further contend that petitioner had only herself to blame for missing the flight, as she
did not bother to read or confirm her flight schedule as printed on the ticket.
ISSUE:
Whether or not Caravan Travel & Tours International Inc. is a common carrier, making it liable for
the damages in their negligent in the fulfilment of its obligation to petitioner Crisostomo
RULING:
Caravan Travel and Tours International Inc. is not a private nor common carrier.
A contract of carriage or transportation is one whereby a certain person or association of persons
obligate themselves to transport persons, things, or news from one place to another for a fixed
price. Such person or association of persons are regarded as carriers and are classified as private
or special carriers and common or public carriers. Respondent is not an entity engaged in the
business of transporting either passengers or goods and is therefore, neither a private nor a
common carrier. Respondent did not undertake to transport petitioner from one place to another
since its covenant with its customers is simply to make travel arrangements in their behalf.
Respondent’s services as a travel agency include procuring tickets and facilitating travel permits or
visas as well as booking customers for tours.
The object of petitioner’s contractual relation with respondent is the service of arranging and
facilitating petitioners booking, ticketing and accommodation in the package tour. In contrast, the
object of a contract of carriage is the transportation of passengers or goods. It is in this sense
that the contract between the parties in this case was an ordinary one for services and not one of
carriage. Since the contract between the parties is an ordinary one for services, the standard of
care required of respondent is that of a good father of a family under Article 1173 of the Civil
Code. The evidence on record shows that respondent exercised due diligence in performing its
obligations under the contract and followed standard procedure in rendering its services to
petitioner. As correctly observed by the lower court, the plane ticket issued to petitioner clearly
reflected the departure date and time, contrary to petitioner’s contention. The travel documents,
consisting of the tour itinerary, vouchers and instructions, were likewise delivered to petitioner two
days prior to the trip. Respondent also properly booked petitioner for the tour, prepared the
necessary documents and procured the plane tickets. It arranged petitioner’s hotel accommodation
as well as food, land transfers and sightseeing excursions, in accordance with its avowed
undertaking. The evidence on record shows that respondent company performed its duty diligently
and did not commit any contractual breach. Hence, petitioner cannot recover and must bear her own
damage.
13. TORRES-MADRID BROKERAGE INC. (TMBI) VS. FEB MITSUI INSURANCE &
BENJAMIN MANALASTAS (BMT) (DATAN)
FACTS:
A shipment of electronic goods from Thailand and Malaysia arrived at the port of Mnila for
Sony PH. Sony has engaged TMBI to facilitate, process, withdraw and deliver the shipment from
the port to its warehouse in Biñan Laguna.
TMBI did not own any delivery trucks, it then subcontracted Manalastas’ trucking company.
Four (4) BMTI trucks picked up the shipment, but could not immediately deliver because of the
truck ban and that the following day is a Sunday.
On the reschedule date, the 4 trucks left but only 3 trucks arrived at the Sony
warehouse. The missing truck driven by Laperusa, was found abandoned in Muntinlupa with the
shipment missing.
ISSUE: TMBI a common carrier?
HELD: YES.
- A brokerage is considered a common carrier if it also undertakes to deliver the
goods for its customer.
- The law does not distinguish between one whose principal business activity is the
carrying of goods and one who undertakes this task only as an ancillary.
- That TMBI does not own trucks and has to subcontract the delivery of its clients’
goods is IMMATERIAL. As long as an entity holds itself to the public for the
transport of goods as a business, it is considered a common carrier regardless
of whether it owns the vehicle used or has actually hire one.
- The only exception from liability for common carrier:
Respondent was one of the passengers of a jeepney driven by Eugenio Luga. While the vehicle was
descending the Sta. Mesa bridge at an excessive speed, the driver lost control, and the jeepney
swerved to the bridge wall. Serious injuries were suffered by the defendant. The driver was
charged with serious physical injuries through reckless imprudence, and upon interposing a plea of
guilty was sentenced accordingly. Petitioner denies liability for breach of contract of carriage,
contending that a day before the accident, the jeepney was sold to a certain Carmen Sackerman.
Issue:
Is the approval of the Public Service Commission necessary for the sale of a public service vehicle
even without conveying therewith the authority to operate the same?
Ruling:
Assuming the dubious sale to be a fact, the court of Appeals answered the query in the affirmative.
The ruling should be upheld. The provisions of the statute are clear and prohibit the sale, alienation,
lease, or encumbrance of the property, franchise, certificate, privileges or rights, or any part
thereof of the owner or operator of the public service Commission. The law was designed primarily
for the protection of the public interest; and until the approval of the public Service Commission is
obtained the vehicle is, in contemplation of law, still under the service of the owner or operator
standing in the records of the Commission which the public has a right to rely upon.
#17 Phil. Rabbit v. IAC, 189 SCRA 159 (GALLEGO)
FACTS:
On December 24, 1966,passengers boarded the jeepney owned by spouses Isidro Mangune and
Guillerma Carreon and driven by Tranquilino Manalo at Pampanga bound for Pangasinan for
P24.00. Upon reaching Tarlac, the right rear wheel of the jeepney detached causing it to run
in an unbalanced position. Driver Manalo stepped on the brake, causing the jeepney to make a
U-turn, invading and eventually stopping on the opposite lane of the road (the jeepney’sfront
faced the south (from where it came) and its rear faced the north (towards where it was
going).The jeepney occupied and blocked the greater portion of the western lane, which is the
right of way of vehicles coming from the north.
Petitioner Phil. Rabbit Bus Lines claims that almost immediately after the sudden U-turn the
busbumped the right rear portion of the jeep. Defendants, on the other hand, claim that the
bus stoppeda few minutes before hitting the jeepney. Either way, as a result of the collision,
three passengers of the jeepney (Catalina Pascua, Erlinda Meriales and Adelaida Estomo) died
while the other jeepneypassengers sustained physical injuries.A criminal complaint was filed
against the two drivers for Multiple Homicide. The case against delosReyes (driver of Phil.
Rabbit) was dismissed for insufficieny of evidence. Manalo (jeepney driver) was convicted and
sentenced to suffer imprisonment.
Three complaints for recovery of damages were then filed before the CFI of Pangasinan: (1)
SpousesCasiano Pascua and Juana Valdez sued as heirs of Catalina Pascua while Caridad Pascua
sued in her behalf; (2) Spouses Manuel Millares and Fidencia Arcica sued as heirs of Erlinda
Meriales; and (3) spouses Mariano Estomo and Dionisia Sarmiento sued as heirs of Adelaida
Estomo. All three cases impleaded spouses Mangune and Carreon, Manalo (jeepney owners),
Rabbit and delos Reyes as defendants. Plaintiffs anchored their suits against spouses Mangune
andCarreon and Manalo on their contractual liability. As against Rabbit and delos Reyes,
plaintiffs based their suits on their culpability for a quasi-delict.
The respondent court applied primarily (1) the doctrine of last clear chance, (2) the
presumption that drivers who bump the rear of another vehicle guilty and the cause of the
accident unless contradicted by other evidence, and (3) the substantial factor test concluded
that delos Reyes was negligent.
ISSUE:
Whether or not the doctrine of last clear chance is applicable in this case.
RULING:
No. The doctrine is not applicable.
The principle about “the last clear” chance, would call for application in a suit between the
owners and drivers of the two colliding vehicles. It does not arise where a passenger demands
responsibility from the carrier to enforce its contractual obligations. For it would be
inequitable to exempt the negligent driver of the jeepney and its owners on the ground that
the other driver was likewise guilty of negligence.” This was the ruling in Anuran, et al. v.
Buño et al., G.R. Nos. L-21353 and L-21354, May 20, 1966, 17 SCRA 224. Thus, the
respondent court erred in applying said doctrine.
On the presumption that drivers who bump the rear of another vehicle guilty and the cause of
the accident, unless contradicted by other evidence, the respondent court said:
. . . the jeepney had already executed a complete turnabout and at the time of impact was
already facing the western side of the road. Thus the jeepney assumed a new frontal position
vis a vis, the bus, and the bus assumed a new role of defensive driving. The spirit behind the
presumption of guilt on one who bumps the rear end of another vehicle is for the driver
following a vehicle to be at all times prepared of a pending accident should the driver in front
suddenly come to a full stop, or change its course either through change of mind of the front
driver, mechanical trouble, or to avoid an accident. The rear vehicle is given the responsibility
of avoiding a collision with the front vehicle for it is the rear vehicle who has full control of
the situation as it is in a position to observe the vehicle in front of it.
The above discussion would have been correct were it not for the undisputed fact that the
U-turn made by the jeepney was abrupt.The jeepney, which was then traveling on the eastern
shoulder, making a straight, skid mark of approximately 35 meters, crossed the eastern lane
at a sharp angle, making a skid mark of approximately 15 meters from the eastern shoulder
to the point of impact (Exhibit “K” Pascua). Hence, delos Reyes could not have anticipated the
sudden U-turn executed by Manalo. The respondent court did not realize that the presumption
was rebutted by this piece of evidence.
#18 LRTA v. Navidad, 397 SCRA 75 (GR 145804; 2/6/03) (LEONOR)
FACTS:
October 14, 1993, 7:30 p.m. : Drunk Nicanor Navidad (Nicanor) entered the EDSA LRT
station after purchasing a “token”. While Nicanor was standing at the platform near the LRT tracks,
the guard Junelito Escartin approached him. Due to misunderstanding, they had a fist fight. Nicanor
fell on the tracks and was killed instantaneously upon being hit by a moving train operated by
Rodolfo Roman December 8, 1994: The widow of Nicanor, along with her children, filed a complaint
for damages against Escartin, Roman, LRTA, Metro Transit Org. Inc. and Prudent (agency of
security guards) for the death of her husband. LRTA and Roman filed a counter-claim against
Nicanor and a cross-claim against Escartin and Prudent. Prudent: denied liability – averred that it
had exercised due diligence in the selection and surpervision of its security guards. LRTA and
Roman: presented evidence. Prudent and Escartin: demurrer contending that Navidad had failed to
prove that Escartin was negligent in his assigned task. RTC in favour of widow and against Prudent
and Escartin, complaint against LRT and Roman were dismissed for lack of merit. CA: reversed by
exonerating Prudent and held LRTA and Roman liable.
ISSUE:
W/N LRTA and Roman should be liable according to the contract of carriage.
HELD:
NO. Affirmed with Modification: (a) nominal damages is DELETED (CANNOT co-exist w/
compensatory damages) (b) Roman is absolved. Law and jurisprudence dictate that a common
carrier, both from the nature of its business and for reasons of public policy, is burdened
with the duty of exercising utmost diligence in ensuring the safety of passengers.
■ Civil Code:
■ Art. 1755. A common carrier is bound to carry the passengers safely as far as
human care and foresight can provide, using the utmost diligence of very
cautious persons, with a due regard for all the circumstances
■ Art. 1756. In case of death or injuries to passengers, common carriers are
presumed to have been at fault or to have acted negligently, unless they prove
that they observed extraordinary diligence as prescribed in articles 1733 and
1755
■ Art. 1759. Common carriers are liable for the death of or injuries to passengers
through the negligence or wilful acts of the former’s employees, although such
employees may have acted beyond the scope of their authority or in violation of
the orders of the common carriers
This liability of the common carriers does NOT cease upon proof that they exercised all the
diligence of a good father of a family in the selection and supervision of their employees.
■ Art. 1763. A common carrier is responsible for injuries suffered by a passenger
on account of the wilful acts or negligence of other passengers or of strangers,
if the common carrier’s employees through the exercise of the diligence of a
good father of a family could have prevented or stopped the act or omission.
Carriers presumed to be at fault or been negligent and by simple proof of injury, the passenger is
relieved of the duty to still establish the fault or negligence of the carrier or of its employees and
the burden shifts upon the carrier to prove that the injury is due to an unforeseen event or to
force majeure. Where it hires its own employees or avail itself of the services of an outsider or an
independent firm to undertake the task, the common carrier is NOT relieved of its responsibilities
under the contract of carriage
GR: Prudent can be liable only for tort under Art. 2176 and related provisions in conjunction
with Art. 2180 of the Civil Code. (Tort may arise even under a contract, where tort
[quasi-delict liability] is that which breaches the contract)
EX: if employer’s liability is negligence or fault on the part of the employee, the employer
can be made liable on the basis of the presumption juris tantum that the employer failed to
exercise diligentissimi patris families in the selection and supervision of its employees.
EX to the EX: Upon showing due diligence in the selection and supervision of the employee.
Factual finding of the CA: NO link bet. Prudent and the death of Nicanor for the reason that the
negligence of Escartin was NOT proven. NO showing that Roman himself is guilty of any culpable act
or omission, he must also be absolved from liability. Contractual tie between LRT and Nicanor is
NOT itself a juridical relation bet. Nicanor and Roman. Roman can be liable only for his own fault or
negligence
iii. Classes of common carriers
Art. 1732, 1733, 1755
#19 Vlasons Shipping, Inc., CA and National Steel Corporation, G.R. No. L0112350,
December 12, 1997 (Test of a CC) (MACAPAAR)>>>>Start here (11/02/2020) For review
Facts:
National Steel Corporation (NSC) as Charterer and Vlasons Shipping, Inc. (VSI) as Owner, entered
into a Contract of Voyage Charter Hire (Affreightment) whereby NSC hired VSI‟s vessel, the MV
„VLASONS I‟ to make one (1) voyage to load steel products at Iligan Cityand discharge them at
North Harbor, Manila. VSI carried passengers or goods only for those it chose under a “special
contract of charter party.”The vessel arrived with the cargo in Manila, but when the vessel‟s three
(3) hatches containing the shipment were opened, nearly all the skids oftin plates and hot rolled
sheets were allegedly found to be wet and rusty. NSC filed its complaint against defendant before
the CFI wherein it claimed that it sustained losses as a result of the “act,neglect and default of the
master and crew in the management of the vessel as well as the want of due diligence on the part of
the defendant to make the vessel seaworthy …-- all in violation of defendant‟s undertaking under
their Contract of Voyage Charter Hire.”
In its answer, defendant denied liability for the alleged damage claiming that the MV „VLASONS I‟
was seaworthy in all respects for the carriage of plaintiff‟s cargo; that said vessel was not a
„common carrier‟ inasmuch as she was under voyage charter contract with the plaintiff as
charterer under the charter party. The trial court ruled in favor of VSI; it was affirmed by the CA
on appeal.
ISSUE: Whether or not Vlazons is a private carrier so that it is free from liabilities re the
damages incurred by NSC with respect to its cargoes.
RULING:
YES In the instant case, it is undisputed that VSI did not offer its services to the general public.
As found by the Regional Trial Court, it carried passengers or goods only for those itchose under a
“special contract of charter party.” As correctly concluded by the Court of Appeals, the MV Vlasons
I “was not a common but a private carrier.” Consequently, the rights and obligations of VSI and
NSC, including their respective liability for damage to the cargo, are determined primarily by
stipulations in their contract of private carriage or charter party. Recently, in Valenzuela Hardwood
and Industrial Supply, Inc., vs. Court of Appeals and Seven Brothers Shipping Corporation, the
Court ruled:
“ x x x [I]n a contract of private carriage, the parties may freely stipulate their duties
and obligations which perforce would be binding on them. Unlike in a contract involving a
common carrier, private carriage does not involve the general public. Hence, the
stringent provisions of the Civil Code on common carriers protecting the general public
cannot justifiably be applied to a ship transporting commercial goods as a private
carrier. Consequently, the public policy embodied therein is not contravened by
stipulations in a charter party that lessen or remove the protection given by law in
contracts involving common carriers.”
#20 Valenzuela Hardwood and Industrial Supply, Inc., v CA and Seven Brothers Shipping
Corp, G.R. No. 102316, June 30, 1997 (MONCADA)
FACTS: Valenzuela Hardwood and Industrial Supply, Inc. (VHIS) entered into an agreement with
the Seven Brothers whereby the latter undertook to load on board its vessel M/V Seven
Ambassador the former’s lauan round logs numbering 940 at the port of Maconacon, Isabela for
shipment to Manila. VHIS insured the logs against loss and/or damage with South Sea Surety and
Insurance Co.
The said vessel sank resulting in the loss of VHIS’ insured logs. VHIS demanded from South Sea
Surety the payment of the proceeds of the policy but the latter denied liability under the policy
for non-payment of premium. VHIS likewise filed a formal claim with Seven Brothers for the value
of the lost logs but the latter denied the claim.
The RTC ruled in favor of the petitioner.Both Seven Brothers and South Sea Surety appealed. The
Court of Appeals affirmed the judgment except as to the liability of Seven Brothers.South Sea
Surety and VHIS filed separate petitions for review before the Supreme Court. In a Resolution
dated 2 June 1995, the Supreme Court denied the petition of South Sea Surety. The present
decision concerns itself to the petition for review filed by VHIS.
ISSUE: Whether or not a stipulation in the charter party that the “owners shall not be responsible
for loss, split, short-landing, breakages and any kind of damages to the cargo” valid.
HELD: Yes. It is undisputed that the private respondent had acted as a private carrier in
transporting petitioner’s lauan logs. Thus, Article 1745 and other Civil Code provisions on common
carriers which were cited by petitioner may not be applied unless expressly stipulated by the
parties in their charter party.
In a contract of private carriage, the parties may validly stipulate that responsibility for the cargo
rests solely on the charterer, exempting the shipowner from liability for loss of or damage to the
cargo caused even by the negligence of the ship captain. Pursuant to Article 1306 of the Civil Code,
such stipulation is valid because it is freely entered into by the parties and the same is not contrary
to law, morals, good customs, public order, or public policy. Indeed, their contract of private
carriage is not even a contract of adhesion. We stress that in a contract of private carriage, the
parties may freely stipulate their duties and obligations which perforce would be binding on them.
Unlike in a contract involving a common carrier, private carriage does not involve the general public.
Hence, the stringent provisions of the Civil Code on common carriers protecting the general public
cannot justifiably be applied to a ship transporting commercial goods as a private carrier.
Consequently, the public policy embodied therein is not contravened by stipulations in a charter
party that lessen or remove the protection given by law in contracts involving common carriers.
The general public enters into a contract of transportation with common carriers without a hand or
a voice in the preparation thereof. The riding public merely adheres to the contract; even if the
public wants to, it cannot submit its own stipulations for the approval of the common carrier. Thus,
the law on common carriers extends its protective mantle against one-sided stipulations inserted in
tickets, invoices or other documents over which the riding public has no understanding or, worse, no
choice. Compared to the general public, a charterer in a contract of private carriage is not similarly
situated. It can -- and in fact it usually does -- enter into a free and voluntary agreement. In
practice, the parties in a contract of private carriage can stipulate the carrier’s obligations and
liabilities over the shipment which, in turn, determine the price or consideration of the charter.
Thus, a charterer, in exchange for convenience and economy, may opt to set aside the protection of
the law on common carriers. When the charterer decides to exercise this option, he takes a normal
business risk.
iv.. Law applicable
Arts. 1766, 1753
#21 National Development Co. v. Court of Appeals, 164 SCRA 593 (GR L-49407; 8/19/88)
(PELAYO)
Facts:
In September 1962, defendants National Development Co. (NDC) and Maritime Co. of the Phil.
(MCP) entered into a memorandum agreement where NDC as the first preferred mortgagee of
three ocean going vessels including one with the name 'Dona Nati' appointed defendant MCP as its
agent to manage and operate said vessel for and in its behalf and account.
En route to Manila the vessel ‘Dona Nati’ figured in a collision at Ise Bay, Japan with a Japanese
vessel 'SS Yasushima Maru' as a result of which 550 bales of aforesaid cargo of American raw
cotton were lost and/or destroyed, of which 535 bales as damaged were landed and sold on the
authority of the General Average Surveyor for Yen 6,045,500 and 15 bales were not landed and
deemed lost.
Because of the incident, Development Insurance and Surety Corporation (DISC) filed before the
then Court of First Instance of Manila an action for the recovery of the sum of P364,915.86 which
is the amount DISC had paid as insurer the total amount of P364,915.86 to the consignees or their
successors-in-interest, for the said lost or damaged cargoes.
The trial court rendered a decision ordering the defendants MCP and NDC to pay jointly and
solidarity to DISC. CA affirmed the decision of the trial court in toto.
NDC contended that the Carriage of Goods by Sea Act should apply to the case at bar and NOT
the Civil Code or the Code of Commerce. Under Section 4 (2) of said Act, the carrier is not
responsible for the loss or damage resulting from the "act, neglect or default of the master,
mariner, pilot or the servants of the carrier in the navigation or in the management of the
ship."
Issue:
Whether or not the Goods by Sea Act govern the loss or destruction of goods due to collision of
vessel outside the Philippine waters.
Ruling:
No. This issue has already been laid to rest by this Court of Eastern Shipping Lines Inc. v. IAC (1 50
SCRA 469-470 [1987]) where it was held under similar circumstance "that the law of the country
to which the goods are to be transported governs the liability of the common carrier in case
of their loss, destruction or deterioration" (Article 1753, Civil Code). Thus, the rule was
specifically laid down that for cargoes transported from Japan to the Philippines, the liability of
the carrier is governed primarily by the Civil Code and in all matters not regulated by said Code, the
rights and obligations of common carrier shall be governed by the Code of commerce and by laws
(Article 1766, Civil Code). Hence, the Carriage of Goods by Sea Act, a special law, is merely
suppletory to the provision of the Civil Code.
In the case at bar, it has been established that the goods in question are transported from San
Francisco, California and Tokyo, Japan to the Philippines and that they were lost or due to a
collision which was found to have been caused by the negligence or fault of both captains of
the colliding vessels. Under the above ruling, it is evident that the laws of the Philippines will apply,
and it is immaterial that the collision actually occurred in foreign waters, such as Ise Bay, Japan.
Laws applicable:
Civil Code
Article 1733, common carriers from the nature of their business and for reasons of public policy
are bound to observe extraordinary diligence in the vigilance over the goods and for the safety of
the passengers transported by them according to all circumstances of each case.
Article 1735 of the same Code, in all other than those mentioned is Article 1734 thereof, the
common carrier shall be presumed to have been at fault or to have acted negigently, unless it proves
that it has observed the extraordinary diligence required by law.
Code of Commerce
Article 826 provides that where collision is imputable to the personnel of a vessel, the owner of the
vessel at fault, shall indemnify the losses and damages incurred after an expert appraisal
Article 827 provides that if the collision is imputable to both vessels, each one shall suffer its own
damages and both shall be solidarily responsible for the losses and damages suffered by their
cargoes.
#22 Easter Shipping v. IAC, 150 SCRA 463; G.R. No. L-69044, May 29, 1987 ( RAMORAN)
FACTS: En route from Kobe, Japan to Manila, M/S Asiatica, the vessel owned by petitioner
carrier, Eastern Shipping Lines caught fire and sank, resulting in the total loss of ship and cargo.
The crew did not know what caused the fire. When they noticed the smoke, there was already a big
fire which might have started twenty-four (24) hours before they became aware of it. The
respective respondent Insurers paid the corresponding marine insurance values to the consignees
concerned and were thus subrogated unto the rights of the latter as the insured.
ISSUE:Whether or not the loss caused by fire exempt the carrier from liability.
RULING: No. Fire may not be considered a natural disaster or calamity like those enumerated
in Article 1734 as it arises almost invariably from some act of man or by human means. It
does not fall within the category of an act of God unless caused by lightning or by other
natural disaster or calamity.
If fire were to be considered a “natural disaster” within the meaning of Article 1734 of the Civil
Code, it is required under Article 1739 that the “natural disaster” must have been the
proximate and only cause of the loss, and that the carrier has exercised due diligence to
prevent or minimize the loss before, during or after the occurrence of the disaster.
#23Nedlloyd Lijnen v Glow Laks Enterprises, G.R. No. 156330, November 19, 2014 (REY)
Facts: Petitioners Nedlloyd Lijnen B.V. Rotterdam and its local agent The East Asiatic Co.,
Ltd. shipped several cartons of garment from the Port of Manila to the Port of Hong Kong, then to
the final destination in the Port of Colon in Panama. Upon arrival of the vessel at the Port of Colon,
petitioners purportedly notified the consignee of the arrival of the shipments, and its custody was
turned over to the National Ports Authority in accordance with the laws, customs regulations and
practice of trade in Panama. However, unauthorized persons managed to forge the covering bills of
lading and on the basis of the falsified documents, the ports authority released the goods.
Respondent Glow Laks Enterprises, the owner of the lost goods, filed a formal claim with
Nedlloyd for the recovery of the amount of US$53,640.00 representing the invoice value of the
shipment but to no avail. Claiming that petitioners are liable for the misdelivery of the goods,
respondent initiated a civil case before the Manila Regional Trial Court (RTC), seeking for the
recovery of the amount of US$53,640.00, including the legal interest from the date of the first
demand.
In disclaiming liability for the misdelivery of the shipments, petitioners asserted in their
Answer that they were never remiss in their obligation as a common carrier and the goods were
discharged in good order and condition into the custody of the National Ports Authority of Panama
in accordance with the Panamanian law. They averred that they cannot be faulted for the release of
the goods to unauthorized persons, their extraordinary responsibility as a common carrier having
ceased at the time the possession of the goods was turned over to the possession of the port
authorities.
The RTC ordered the dismissal of the complaint but granted the petitioners’ counterclaims.
But the Court of Appeals (CA) reversed the lower court’s decision and held that foreign laws were
not proven and therefore, it cannot be given full faith and credit. For failure to prove the foreign
law and custom, it is presumed that foreign laws are the same as our local laws under the doctrine
of processual presumption.
Issue: Whether or not the petitioners are not liable for the misdelivery of goods due to
recognition of the foreign laws.
Ruling: No, the petitioners are liable.
It is well settled that foreign laws do not prove themselves in our jurisdiction and our
courts are not authorized to take judicial notice of them. Like any other fact, they must be alleged
and proven. While the foreign law was properly pleaded in the case at bar, it was, however, proven
not in the manner provided by Section 24, Rule 132 of the Revised Rules of Court. Due to such,
Philippine laws should apply to the case.
Under Article 1736 of the Civil Code, explicit is the rule that the extraordinary
responsibility of the common carrier begins from the time the goods are delivered to the
carrier. This responsibility remains in full force and effect even when they are temporarily
unloaded or stored in transit, unless the shipper or owner exercises the right of stoppage in
transit, and terminates only after the lapse of a reasonable time for the acceptance, of the
goods by the consignee or such other person entitled to receive them. In this case, the
petitioners failed to prove that they exercised the degree of diligence required by law over the
goods they transported. Aside from their persistent statement that their extraordinary
responsibility is terminated upon release of the goods to the Panamanian Ports Authority,
petitioners failed to adduce sufficient evidence that they exercised extraordinary care to prevent
unauthorized withdrawal of the shipments. Nothing in the Civil Code, however, suggests that the
common carriers’ responsibility over the goods ceased upon delivery thereof to the custom
authorities.
Hence, the petition is DENIED.
Additional readings:
Convention for International Civil Aviation (“Chicago Convention”)
1978 International Convention on Standards of Training, Certification and Watchkeeping for
Seafarers (with 2010 Manila Amendments)
1974 International Convention for the Safety of Life at Sea (SOLAS)
1972 Convention on the International Regulations for Preventing Collisions at Sea (COLREGs)
Werbach, Kevin, Is Uber a Common Carrier? 12ISJLP 135 (2015)
b. Common Carriage of Goods
i. Liability and presumption of negligence
Arts. 1733, 1734, 1735
24. YNCHAUSTI STEAMSHIP, CO. vs DEXTER (Santos)
41 Phil 289; December 14, 1920
FACTS:
On September 18, 1918, the Government of the Philippine Islands employed the services of
petitioner, Ynchausti Steamship Co., a common carrier, for the transportation on board the
steamship Venus, from Manila to Aparri, Cagayan, of ninety-six cases of "Cock" Brand mineral oil,
ten gallons to the case.
The goods were delivered by the shipper to the carrier, which accordingly received them,
and to evidence the contract of transportation, the parties duly executed and delivered what is
popularly called the Government bill of lading. It was stipulated that the carrier, the petitioner
Ynchausti & Co., received the above-mentioned supplies in apparent good condition, obligating itself
to carry said supplies to the place agreed upon.
Upon the delivery of the above stated products the consignee claimed that one case each
was delivered empty, and noted said claims upon the bill of lading. Acting Insular Purchasing Agent
of the Philippine Islands notified the petitioners herein that after due investigation the Insular
Auditor found and decided that the leakages of the two whole cases were due to its negligence and
that the deduction of the sum of P22.53.
Petitioner thereupon protested against the threatened deduction, and demanded that it be
paid the full amount due for the transportation of the two said shipments of merchandise. The
Insular Auditor, in conformity with his ruling, declined and tendered to it a warrant for the sum of
P60.26, which the petitioner has refused to accept.
ISSUE:
Whether the leakages of the two whole cases were due to its negligence of Ynchausti
Steamship.
HELD:
Yes. The mere proof of delivery of goods in good order to a carrier, and of their
arrival at the place of destination in bad order, makes out a prima facie case against the
carrier, so that if no explanation is given as to how the injury occurred, the carrier must be
held responsible.
It is admitted by the petitioner in the agreed statement of facts that the consignee, at the
time the oil was delivered, noted the loss in the present case upon the two respective bills of lading.
The notation of these losses by the consignee, in obedience to the precept of section 646 of the
Administrative Code, is competent evidence to show that the shortage in fact existed. As the
petitioner admits that the oil was received by it for carriage and inasmuch as the fact of loss is
proved in the manner just stated, it results that there is a presumption that the petitioner was to
blame for the loss; and it was incumbent upon the petitioner in order to entitle it to relief in the
case to rebut that presumption by proving, as is alleged in the petition, that the loss was not due to
any fault or negligence of the petitioner.
#25 Mirasol v. Dollar, 53 Phil 125 (TULIAO)
GR No. L-29721 March 27, 1929
Facts
Plaintiff is the consignee of two cases of books which was shipped in good order and
condition from New York, USA on board defendant’s steamship (President Garfield), for
transport and delivery to the plaintiff in Manila. The two cases arrived in bad order and
damaged condition. Plaintiff filed a claim for damages which was refused and neglected by
defendant alleging that the steamship was seaworthy and properly manned, equipped and
supplied and fit for voyage, and the damage was not caused through the negligence of the
vessel, its master, agent, officers, crew, tackle or appurtenances, nor by reason of the
vessel being unseaworthy or improperly manned, but such damage, was caused by sea water
and that the bill of lading agreed to by the parties provides that the defendant should not be
held for any loss of, or damage to, any of the merchandise resulting from any of the following
causes, to wit: Acts of God, perils of the sea or other waters. The damage to the
merchandise was caused by Acts of God or perils of the sea, which was alleged by the
defendant as sea water and this was a shipper’s risk. The trial court ruled in favor of the
plaintiff. Hence this case.
Issue
Whether or not the defendant can be held liable for the damage.
Ruling
Yes. The fact that the cases were damaged by sea water, standing alone and within
itself, is not evidence that they were damaged by force majeure or for a cause beyond the
defendant’s control. The words perils of the sea, as stated in defendant’s answer apply to all
kinds of marine casualties, such as shipwreck, foundering, stranding and among other things, it
is said: Tempest, rocks, shoals, icebergs and other obstacles are within the expression, and
where the peril is the proximate cause of the loss, the shipowner is excused. Something
fortuitous and out of the ordinary course is involved in both words “peril” or “accident.
The defendant having received the two boxes in good condition, its legal duty was to
deliver them to the plaintiff in the same condition. Shippers who are forced to ship goods on
an ocean liner have some legal rights, and when goods are delivered on board in good order
and condition, and the it was delivered in bad order and condition, the shipowner must prove
that the goods were damaged by reason of some fact which legally exempts him from liability.
Defendant alleges that the goods were damaged by sea water but he did not attempt to prove
that the goods were wet with sea water by fictitious event, force majeure or nature and
defect of the things themselves. Consequently, it must be presumed that it was by causes
entirely distinct and in no manner imputable to the plaintiff.
#26 De Guzman v. CA, 168 SCRA 612 (USON)
G.R. No. L-47822 December 22, 1988
FACTS:
Petitioner Pedro de Guzman, a merchant and authorized dealer of General Milk Company,
Inc., contracted with respondent Ernesto Cendana for the hauling of 750 cartons of Liberty filled
milk from a warehouse of General Milk in Makati, Rizal, to petitioner's establishment in Urdaneta,
Pangasinan. Respondent loaded in Makati the merchandise on to his trucks: 150 cartons were loaded
on a truck driven by respondent himself, while 600 cartons were placed on board the other truck
which was driven by Manuel Estrada, respondent's driver and employee.
Only 150 boxes of Liberty filled milk were delivered to petitioner. The other 600 boxes
never reached petitioner, since the truck which carried these boxes was hijacked somewhere along
the MacArthur Highway in Paniqui, Tarlac, by armed men who took with them the truck, its driver,
his helper and the cargo. Petitioner then commenced an action against private respondent in the
Court of First Instance of Pangasinan.
The trial court rendered a Decision finding private respondent to be a common carrier and
holding him liable for the value of the undelivered goods (P 22,150.00) as well as for P 4,000.00 as
damages and P 2,000.00 as attorney's fees. The Court of Appeals reversed the judgment of the
trial court and held that respondent had been engaged in transporting return loads of freight "as a
casual occupation — a sideline to his scrap iron business" and not as a common carrier.
ISSUES:
Whether or not respondent is liable for the value of the undelivered cargo.
RULING:
No. Article 1734 establishes the general rule that common carriers are responsible for the
loss, destruction or deterioration of the goods which they carry, "unless the same is due to any of
the following causes only:
(1) Flood, storm, earthquake, lightning or other natural disaster or calamity;
(2) Act of the public enemy in war, whether international or civil;
(3) Act or omission of the shipper or owner of the goods;
(4) The character-of the goods or defects in the packing or-in the containers; and
(5) Order or act of competent public authority.
In this case, the hijacking of the carrier's truck does not fall within any of the five (5)
categories of exempting causes listed in Article 1734. However, the limits of the duty of
extraordinary diligence in the vigilance over the goods carried are reached where the goods are
lost as a result of a robbery which is attended by "grave or irresistible threat, violence or force."
The occurrence of the loss must reasonably be regarded as quite beyond the control of the common
carrier and properly regarded as a fortuitous event.
Hence, the respondent is not held liable for acts or events which cannot be foreseen or are
inevitable, provided that they shall have complied with the rigorous standard of extraordinary
diligence.
#27 Sarkies Tours Phils, Inc. vs C.A. and Dr. Elino G. Foratels et. al., G.R. No. 108897,
October 2, 1997 (VALENZUELA)
FACTS:
Fatima boarded the petitioner's De Luxe Bus in Manila going to Legazpi City. She has
three pieces of luggage containing all of her optometry review books, materials and equipment,
trial lenses, trial contact lenses, passport and visa, as well as her mother Marisol’s U.S.
immigration (green) card, among other important documents and personal belongings. Her
belongings were kept in the baggage compartment of the bus, but during a stopover at Daet,
it was discovered that only one bag remained in the open compartment. The others, including
Fatima’s things, were missing and might have dropped along the way. Some of the passengers
suggested retracing the route of the bus to try to recover the lost items, but the driver
ignored them and proceeded to Legazpi City.
For said loss of things, Fatima’s mother went to Sarkies’ office in Legazpi and in
Manila. Sarkies merely offered her P1,000.00 for each piece of luggage lost, which she
turned down. Marisol and Fatima asked assistance from the radio stations and even from
Philtranco bus drivers who plied the same route on the same date. One of Fatima’s bags was
recovered. Subsequently, they formally demanded satisfaction of their complaint from
petitioner. Sarkies apologized through a letter and said that there is already a team they
sent out to recover the things or to get full details of the incident. After 9 months of
waiting, they finally filed a case against Sarkies. RTC and CA ruled against Sarkies.
Sarkies on the other hand, claims that Fatima did not bring any piece of luggage with
her, and even if she did, none was declared at the start of the trip.
ISSUE: W/N, Sarkies should be held liable for the loss of said luggages?
RULING:
Petitioner’s receipt of Fatima’s personal luggage having been thus established, it must
now be determined if, as a common carrier, it is responsible for their loss. Under the Civil
Code, “common carriers, from the nature of their business and for reasons of public policy,
are bound to observe extraordinary diligence in the vigilance over the goods x x x transported
by them,” and this liability “lasts from the time the goods are unconditionally placed in the
possession of, and received by the carrier for transportation until the same are delivered,
actually or constructively, by the carrier to x x x the person who has a right to receive
them,” unless the loss is due to any of the excepted causes under Article 1734 thereof.
#28 Coastwise Lighterage Corp. vs. CA and Phil. General Insurance Comp (ABUYUAN)
G.R. No. 114167, July 12, 1995
Facts:
Pag-asa Sales, Inc. entered into a contract to transport molasses from the province of Negros to
Manila with Coastwise Lighterage Corporation (Coastwise for brevity), using the latter’s dump
barges. The barges were towed in tandem by the tugboat MT Marica, which is likewise owned by
Coastwise.
Upon reaching Manila Bay, while approaching Pier 18, one of the barges, “Coastwise 9,” struck an
unknown sunken object. The forward buoyancy compartment was damaged, and water gushed in
through a hole “two inches wide and twenty-two inches long.” As a consequence, the molasses at the
cargo tanks were contaminated and rendered unfit for the use it was intended. This prompted the
consignee, Pag-asa Sales, Inc., to reject the shipment of molasses as a total loss. Thereafter,
Pag-asa Sales, Inc., filed a formal claim with the insurer of its lost cargo, herein private
respondent, Philippine General Insurance Company (PhilGen) and against the carrier, herein
petitioner, Coastwise Lighterage. Coastwise Lighterage denied the claim and it was PhilGen which
paid the consignee, Pag-asa Sales, Inc., the amount of P700,000 representing the value of the
damaged cargo of molasses.
In turn, PhilGen then filed an action against Coastwise Lighterage before the Regional Trial Court
of Manila, seeking to recover the amount of P700,000 which it paid to Pag-asa Sales, Inc., for the
latter’s lost cargo. PhilGen now claims to be subrogated to all the contractual rights and claims,
which the consignee may have against the carrier, which is presumed to have violated the contract
of carriage.
The RTC awarded the amount prayed for by PhilGen. On Coastwise Lighterage appeal to the Court
of Appeals, the award was affirmed.
Issue:
Whether or not petitioner Coastwise Lighterage was transformed into a private carrier, by virtue
of the contract of affreightment which it entered into with the consignee, Pag-asa Sales, Inc.
Ruling:
No. The Court ruled that Coastwise Lighterage was not transformed into a private carrier.
Although a charter party may transform a common carrier into a private one, the same however is
not true in a contract of affreightment on account of the distinctions between the two.
Petitioner admits that the contract it entered into with the consignee was one of affreightment.
The Court agrees. Pag-asa Sales, Inc., only leased three of petitioner’s vessels, in order to carry
cargo from one point to another, but the possession, command and navigation of the vessels
remained with petitioner Coastwise Lighterage.
Pursuant therefore to the ruling in the aforecited Puromines case, Coastwise Lighterage, by the
contract of affreightment, was not converted into a private carrier, but remained a common carrier
and was still liable as such.
The law and jurisprudence on common carriers both hold that the mere proof of delivery of goods
in good order to carrier and the subsequent arrival of the same goods at the place of destination in
bad order makes for a prima facie case against the carrier.
It follows then that the presumption of negligence that attaches to common carriers, once the
goods it transports are lost, destroyed or deteriorated, applies to the petitioner. This presumption,
which is overcome only by proof of the exercise of extraordinary diligence, remained unrebutted in
this case.
#29 Asian Terminals, Inc. vs. Simon Enterprises, Inc., G.R. No. 177116 February 27, 2013
(AGUILAR)
Facts:
On October 25, 1995, Contiquincybunge Export Company loaded 6,843.700 metric tons of U.S.
Soybean Meal in Bulk on board the vessel M/V "Sea Dream" at the Port of Darrow, Louisiana, U.S.A.,
for delivery to the Port of Manila to respondent Simon Enterprises, Inc., as consignee.
When the vessel arrived at the South Harbor in Manila, the shipment was discharged to the
receiving barges of petitioner Asian Terminals, Inc. (ATI), the arrastre operator. Respondent later
received the shipment but claimed having received only 6,825.144 metric tons of U.S.
Soybean Meal, or short by 18.556 metric tons, which is estimated to be worth US$7,100.16 or
P186,743.20.[3]
On November 25, 1995, Contiquincybunge Export Company made another shipment to respondent
and allegedly loaded on board the vessel M/V "Tern" at the Port of Darrow, Louisiana, U.S.A.
3,300.000 metric tons of U.S. Soybean Meal in Bulk for delivery to respondent at the Port of
Manila. The carrier issued its clean Berth Term Grain Bill of Lading.[4]
On January 25, 1996, the carrier docked at the inner Anchorage, South Harbor, Manila. The
subject shipment was discharged to the receiving barges of petitioner ATI and received by
respondent which, however, reported receiving only 3,100.137 metric tons instead of the
manifested
3,300.000 metric tons of shipment. Respondent filed against petitioner ATI and the carrier a claim
for the shortage of 199.863 metric tons, estimated to be worth US$79,848.86 or P2,100,025.00,
but its claim was denied.
Thus, on December 3, 1996, respondent filed with the Regional Trial Court (RTC) of Manila an action
for damages[5] against the unknown owner of the vessels M/V "Sea Dream" and M/V "Tern," its
local agent Inter-Asia Marine Transport, Inc., and petitioner ATI... alleging that it suffered the
losses through the fault or negligence of the said defendants.
In their Answer,[7] the unknown owner of the vessel M/V "Tern" and its local agent Inter-Asia
Marine Transport, Inc., prayed for the dismissal of the complaint essentially alleging lack of cause
of action and prescription. They alleged as affirmative... defenses the following: that the complaint
does not state a cause of action; that plaintiff and/or defendants are not the real
parties-in-interest; that the cause of action had already prescribed or laches had set in; that the
claim should have been filed within three days from... receipt of the cargo pursuant to the
provisions of the Code of Commerce; that the defendant could no longer check the veracity of
plaintiff's claim considering that the claim was filed eight months after the cargo was discharged
from the vessel; that plaintiff hired its... own barges to receive the cargo and hence, any damages
or losses during the discharging operations were for plaintiff's account and responsibility; that the
statement of facts bears no remarks on any short-landed cargo; that the draft survey report
indicates that the cargo... discharged was more than the figures appearing in the bill of lading; that
because the bill of lading states that the goods are carried on a "shipper's weight, quantity and
quality unknown" terms and on "all terms, conditions and exceptions as per charter party dated
October 15,... 1995," the vessel had no way of knowing the actual weight, quantity, and quality of the
bulk cargo when loaded at the port of origin and the vessel had to rely on the shipper for such
information; that the subject shipment was discharged in Manila in the same condition and...
quantity as when loaded at the port of loading; that defendants' responsibility ceased upon
discharge from the ship's tackle; that the damage or loss was due to the inherent vice or defect of
the goods or to the insufficiency of packing thereof or perils or dangers or accidents... of the sea,
pre-shipment damage or to improper handling of the goods by plaintiff or its representatives after
discharge from the vessel, for which defendants cannot be made liable; that damage/loss occurred
while the cargo was in the possession, custody or control of plaintiff... or its representative, or due
to plaintiff's own negligence and careless actuations in the handling of the cargo; that the loss is
less than 0.75% of the entire cargo and assuming arguendo that the shortage exists, the figure is
well within the accepted parameters when loading... this type of bulk cargo; that defendants
exercised the required diligence under the law in the performance of their duties; that the vessel
was seaworthy in all respects; that the vessel went straight from the port of loading to Manila,
without passing through any intermediate... ports so there was no chance for any loss of the cargo;
the plaintiff's claim is excessive, grossly overstated, unreasonable and a mere paper loss and is
certainly unsubstantiated and without any basis; the terms and conditions of the relevant bill of
lading and the charter... party, as well as the provisions of the Carriage of Goods by Sea Act and
existing laws, absolve the defendants from any liability; that the subject shipment was received in
bulk and thus defendant carrier has no knowledge of the condition, quality and quantity of the...
cargo at the time of loading; that the complaint was not referred to the arbitrators pursuant to the
bill of lading; that liability, if any, should not exceed the CIF value of the lost cargo, or the limits of
liability set forth in the bill of lading and the charter party.
Petitioner ATI argues that:
1. Respondent failed to prove that the subject shipment suffered actual loss/shortage as
there was no competent evidence to prove that it actually weighed 3,300 metric tons at
the port of origin.
2. Stipulations in the bill of lading that the cargo was carried on a "shipper's weight,
quantity and quality unknown" is not contrary to public policy. Thus, herein petitioner
cannot be bound by the quantity or weight of the cargo stated in the bill of lading.
3. Shortage/loss, if any, may have been due to the inherent nature of the shipment and its
insufficient packing considering that the subject cargo was shipped in bulk and had a
moisture content of 12.5%.
4. Respondent failed to substantiate its claim for damages as no competent evidence was
presented to prove the same.
5. Respondent has not presented any scintilla of evidence showing any fault/negligence on
the part of herein petitioner.
Issues:
whether the appellate court erred in affirming the decision of the trial court holding petitioner
ATI solidarily liable with its co-defendants for the shortage incurred in the... shipment of the
goods to respondent
Ruling:
In this case, respondent failed to prove that the subject shipment suffered shortage, for it was
not able to establish that the subject shipment was weighed at the port of origin at Darrow,
Louisiana, U.S.A. and that the actual weight of the said shipment was 3,300 metric... tons.
the weight of the shipment as indicated in the bill of lading is not conclusive as to the actual weight
of the goods. Consequently, the respondent must still prove the actual weight of the subject
shipment at the time it... was loaded at the port of origin so that a conclusion may be made as to
whether there was indeed a shortage for which petitioner must be liable. This, the respondent
failed to do.
Principles:
Though it is true that common carriers are presumed to have been at fault or to have acted
negligently if the goods transported by them are lost, destroyed, or deteriorated, and that
the common carrier must prove that it exercised extraordinary diligence in order to overcome
the... presumption,[21] the plaintiff must still, before the burden is shifted to the
defendant, prove that the subject shipment suffered actual shortage. This can only be done if
the weight of the shipment at the port of origin and its subsequent weight at the... port of
arrival have been proven by a preponderance of evidence, and it can be seen that the former
weight is considerably greater than the latter weight, taking into consideration the exceptions
provided in Article 1734[22] of the Civil Code.
ii. Exemption from liability (
1. Natural Disaster
Arts, 1734(1), 1739, 1740; Art. 361, Code of Commerce
#30 Tan Chiong Sian v. Inchausti, 22 Phil 153 (ALCANTARA)
TAN CHIONG SIAN, Plaintiff-Appellee, v. INCHAUSTI & Co., Defendant-Appellant.
[G.R. No. 6092. March 8, 1912. ]
FACTS:
On 25 November 1908, Inchausti & Co. received in Manila from the Chinaman, Ong Bieng Sip, 205
bundles, bales or cases of goods to be conveyed by the steamer Sorsogon to the port of Gubat,
Province of Sorsogon, where they were to be transshipped to another vessel belonging to Inchausti
and by the latter transported to the pueblo of Catarman, Island of Samar, there to be delivered to
the Chinese shipper with whom Inchausti made the shipping contract. To this end 3 bills of lading
were executed (38, 39, and 76). The steamer Sorsogon, which carried the goods, arrived at the
port of Gubat on 28 November 1908 and as the lorcha Pilar, to which the merchandise was to be
transshipped for its transportation to Catarman, was not yet there, the cargo was unloaded and
stored in the defendant company’s warehouses at that port. Several days later, the lorcha Pilar
arrived at Gubat and, after the cargo it carried had been unloaded, the merchandise belonging to
the Chinaman, Ong Bieng Sip, together with other goods owned by Inchausti & Co., was taken aboard
to be transported to Catarman. On 5 December 1908, however, before the Pilar could leave for its
destination, towed by the launch Texas, there arose a storm, which, coming from the Pacific, passed
over Gubat and, as a result of the strong wind and heavy sea, the lorcha was driven upon the shore
and wrecked, and its cargo, including the Chinese shipper’s 205 packages of goods, scattered on the
beach. Laborers or workmen of Inchausti, by its order, then proceeded to gather up Tan Chiong
Sian’s merchandise and, as it was impossible to preserve it after it was salved from the wreck of
the lorcha, it was sold at public auction before a notary for the sum of P1,693.67.
On 11 January 1909, the Chinaman, Tan Chiong Sian or Tan Chinto, filed a written complaint, which
was amended on 28 January 1909, and again on 27 October 1909 against Inchausti & Co. alleging
that Inchausti neither carried nor delivered his merchandise to Ong Bieng Sip, in Catarman, but
unjustly and negligently failed to do so, with the result that the said merchandise was almost totally
lost, and thus claimed the value of the merchandise which was P20,000, legal interest thereon from
25 November 1908, and the cost of the suit. After the hearing of the case and the introduction of
testimony by the parties, judgment was rendered, on 18 March 1910, in favor of Tan Chiong Sian or
Tan Chinto, against Inchausti & Co., for the sum of P14,642.63, with interest at the rate of 6% per
annum from 11 January 1909, and for the costs of the trial. Inchausti & Co. appealed from the
judgment.
The Supreme Court reversed the judgment appealed from, and absolved Inchausti & Co., without
special finding as to costs; holding that Inchausti is not liable for the loss and damage of the goods
shipped on the lorcha Pilar by the Chinaman, Ong Bieng Sip, inasmuch as such loss and damage were
the result of a fortuitous event or force majeure, and there was no negligence or lack of care and
diligence on the part of Inchausti or its agents.
ISSUE: Whether the defendant, Inchausti & Co., is liable for the loss of the merchandise and for
failure to deliver the same at the place of destination.
RULING: NO, Inchausti & Co is not liable for the loss and damage since it was due to a
fortuitous event and there was no negligence/ lack of care or diligence on the part of the
Company and its agents.
From the moment that it is held that the loss of the said lorcha was due to force majeure, a
fortuitous event, with no conclusive proof of negligence or of the failure to take the precautions
such as diligent and careful persons usually adopt to avoid the loss of the boat and its cargo, it is
neither just nor proper to attribute the loss or damage of the goods in question to any fault,
carelessness, or negligence on the part of Inchausti and its agents and, especially, the patron of the
lorcha Pilar.
Inchausti took all measures for the salvage of goods recoverable after the accident. Subsequent to
the wreck, Inchausti’s agent took all the requisite measures for the salvage of such of the goods as
could be recovered after the accident, which he did with the knowledge of the shipper, Ong Bieng
Sip, and, in effecting their sale, he endeavored to secure all possible advantage to the Chinese
shipper; in all these proceedings, he acted in obedience to the law.
Article 1601 of the Civil Code prescribes that “Carriers of goods by land or by water shall be
subject with regard to the keeping and preservation of the things entrusted to them, to the same
obligations as determined for innkeepers by articles 1783 and 1784. The provisions of this article
shall be understood without prejudice to what is prescribed by the Code of Commerce with regard
to transportation by sea and land.”
The general rule established in Article 840 of the Code of Commerce is that the loss of the
vessel and of its cargo, as the result of shipwreck, shall fall upon the respective owners
thereof, save for the exceptions specified in Article 841 of the same Code. These legal provisions
are in harmony with those of articles 361 and 362 of the Code of Commerce, and are applicable
whenever it is proved that the loss of, or damage to, the goods was the result of a fortuitous event
or of force majeure; but the carrier shall be liable for the loss or the damage arising from the
causes aforementioned, if it shall have been proven that they occurred through his own fault or
negligence or by his failure to take the same precautions usually adopted by diligent and careful
persons.
#31 Martini v. Macondray (BERNARDO)
G.R. No. 13972, July 28, 1919
Facts:
G. Martini, Ltd. arranged 4with the Eastern and Australian Steamship Company for the shipment of
219 cases or packages of chemical products from Manila, Philippines to Kobe, Japan. The goods were
carried on the deck of the ship. Upon arrival at the destination it was found that the chemicals
suffered damage due to fresh and saltwater. Martini filed a complaint for damages. Its contention
being that it was the duty of the ship’s company to stow the cargo in the hold and not in the open
deck.
In defense, the company argued that by the contract of affreightment the cargo in question was to
be carried on deck at the shipper’s risk. In fact, the bill of lading was clearly stamped with a
rubber stencil in conspicuous letters “on deck at shipper’s risk.” In this connection the
Defendant relies upon paragraph 19 of the several bills of lading issued for transportation of this
cargo, which reads as follows:
“19. Goods signed for on this bill of lading as carried on deck are entirely at shipper’s risk,
whether carried on deck or under hatches, and the steamer is not liable for any loss or
damage from any cause whatever.”
Issue:
Whether or not Macondray should be held liable for the damage on the goods of Martini shipped
through its steamer.
Held:
No. Macondray could not be held liable.
Where cargo is, with the owner’s consent, transported on the deck of a sea-going vessel upon
a bill of lading exempting the ship’s company from liability for damage, the risk of any damage
resulting from carriage on deck, such as damage caused by rain or the splashing aboard of sea
water, must be borne by the owner. However, the ship may still be liable if negligence has
been alleged and proved to have caused the damage.
In this case, it is apparent that the damage was caused by rain and sea water—the risk of which is
inherently incident to carriage on deck. It is not permissible for the court, in the absence of
any allegation or proof of negligence, to attribute negligence to the ship’s employees in the
matter of protecting the goods from rains and storms.
The complaint in this case alleges that the damage done was due to the mere fact of carriage on
deck and not due to the fault or delinquency of anybody. Therefore, Macondray could not be held
liable.
#32 Eastern Shipping v. IAC, 150 SCRA 463 (BUENCONSEJO)
EASTERN SHIPPING LINES, INC. vs. IAC and DEVELOPMENT INSURANCE &
SURETY CORPORATION
G.R. No. L-69044 May 29, 1987
EASTERN SHIPPING LINES, INC. vs. THE NISSHIN FIRE AND MARINE INSURANCE
CO., and DOWA FIRE & MARINE INSURANCE CO., LTD.
No. 71478 May 29, 1987
FACTS:
In G.R. No. 69044, sometime in June, 1977, the M/S ASIATICA, a vessel operated
by petitioner Eastern Shipping Lines, Inc., loaded at Kobe, Japan for transportation to
Manila, 5,000 pieces of calorized lance pipes consigned to Philippine Blooming Mills Co.,
Inc., and 7 cases of spare parts valued, consigned to Central Textile Mills, Inc. Both sets
of goods were insured with respondent Development Insurance and Surety Corporation.
In G.R. No. 71478, during the same period, the same vessel took on board 128
cartons of garment fabrics and accessories, consigned to Mariveles Apparel Corporation,
and two cases of surveying instruments consigned to Aman Enterprises and General
Merchandise. The 128 cartons were insured by respondent Nisshin Fire & Marine
Insurance Co., and the 2 cases by respondent Dowa Fire & Marine Insurance Co., Ltd.
Enroute for Kobe, Japan, to Manila, the vessel caught fire and sank, resulting in the
total loss of ship and cargo. The respective respondent Insurers paid the corresponding
marine insurance values to the consignees.
Hence, respondent insurers having been subrogated unto the rights of the insured
companies, filed a suit against petitioner for the recovery of amounts it had paid.
Petitioner Carrier denied liability on the principal grounds that the fire which caused the
sinking of the ship is an exempting circumstance under Section 4(2) (b) of the Carriage of
Goods by Sea Act (COGSA).
The Trial Court rendered judgment in favor of the Insurance Companies. Hence,
this Petition for Review on Certiorari.
ISSUES:
1. Which law should govern – the Civil Code provision on Common Carriers or the
Carriage of Goods by Sea Act?
2. Whether or not the petitioner is exempted from liability.
RULING:
1.
The law of the country to which the goods are to be transported governs the
liability of the common carrier in case of their loss, destruction or deterioration. As
the cargoes in question were transported from Japan to the Philippines, the liability of
Petitioner Carrier is governed primarily by the Civil Code. However, in all matters not
regulated by said Code, the rights and obligations of common carrier shall be
governed by the Code of Commerce and by special laws. Thus, the Carriage of Goods by
Sea Act, a special law, is suppletory to the provisions of the Civil Code.
2.
Under the Civil Code, common carriers, from the nature of their business and
for reasons of public policy, are bound to observe extraordinary diligence in the
vigilance over goods, according to all the circumstances of each case. Common
carriers are responsible for the loss, destruction, or deterioration of the goods unless the
same is due to any of the following causes only:
(1) Flood, storm, earthquake, lightning or other natural disaster or
calamity;
xxx xxx xxx
Petitioner Carrier claims that the loss of the vessel by fire exempts it from
liability under the phrase "natural disaster or calamity. " However, the Court opined
that fire may not be considered a natural disaster or calamity. This must be so as it arises
almost invariably from some act of man or by human means. It does not fall within the
category of an act of God unless caused by lightning or by other natural disaster or
calamity. It may even be caused by the actual fault or privity of the carrier.
Article 1680 of the Civil Code, which considers fire as an extraordinary fortuitous
event refers to leases of rural lands where a reduction of the rent is allowed when more
than one-half of the fruits have been lost due to such event, considering that the law
adopts a protection policy towards agriculture.
As the peril of the fire is not comprehended within the exception in Article 1734,
Article 1735 of the Civil Code provides that all cases than those mention in Article 1734,
the common carrier shall be presumed to have been at fault or to have acted negligently,
unless it proves that it has observed the extraordinary deligence required by law.
In this case, the respective Insurers. as subrogees of the cargo shippers, have
proven that the transported goods have been lost. Petitioner Carrier has also proved that
the loss was caused by fire. The burden then is upon Petitioner Carrier to proved that it
has exercised the extraordinary diligence required by law.
Nor may Petitioner Carrier seek refuge from liability under the Carriage of Goods
by Sea Act, It is provided therein that:
Sec. 4(2). Neither the carrier nor the ship shall be responsible for loss
or damage arising or resulting from
(b) Fire, unless caused by the actual fault or privity of the carrier.
xxx xxx xxx
In this case, both the Trial Court and the Appellate Court, in effect, found, as a
fact, that there was "actual fault" of the carrier shown by "lack of diligence" in that
"when the smoke was noticed, the fire was already big; that the fire must have started
twenty-four (24) hours before the same was noticed; " and that "after the cargoes were
stored in the hatches, no regular inspection was made as to their condition during the
voyage." The foregoing suffices to show that the circumstances under which the fire
originated and spread are such as to show that Petitioner Carrier or its servants were
negligent in connection therewith. Consequently, the complete defense afforded by the
COGSA when loss results from fire is unavailing to Petitioner Carrier.
Decision of the trial court and CA is affirmed.
#33 Eastern Shippings Lines, Inc. v The Nisshin Fire and Marine Insurance Co., and Dowa
Fire G.R. Nos. L-71478, May 29, 1987 (CANENCIA)
UNDER EXEMPTION FROM LIABILITY
1. Facts: Sometime in or prior to June, 1977, the M/S ASIATICA, a vessel operated by
petitioner Eastern Shipping Lines, Inc., took on board 128 cartons of garment fabrics and
accessories, in two (2) containers, consigned to Mariveles Apparel Corporation, and two cases
of surveying instruments consigned to Aman Enterprises and General Merchandise. The 128
cartons were insured for their stated value by respondent Nisshin Fire & Marine Insurance
Co., for US$46,583.00, and the 2 cases by respondent Dowa Fire & Marine Insurance Co.,
Ltd., for US$11,385.00.
Enroute for Kobe, Japan, to Manila, the vessel caught fire and sank, resulting in the total
loss of ship and cargo. The respective respondent Insurers paid the corresponding marine
insurance values to the consignees concerned and were thus subrogated unto the rights of the
latter as the insured.
Issue: Whether or not the loss caused by fire exempt the carrier from liability
Ruling: No. Fire may not be considered a natural disaster or calamity like those enumerated in
Article 1734 as it arises almost invariably from some act of man or by human means. It does
not fall within the category of an act of God unless caused by lightning or by other natural
disaster or calamity.
If fire were to be considered a “natural disaster” within the meaning of Article 1734 of the
Civil Code, it is required under Article 1739 that the “natural disater” must have been the
proximate and only cause of the loss, and that the carrier has exercised due diligence to
prevent or minimize the loss before, during or after the occurrence of the disaster.
#34 Asia Lighterage v. Court of Appeals, 409 SCRA 340 (DATAN)
#35 TRANSIMEX CO. vs MAFRE ASIAN INSURANCE CORP. (DIMAUKOM)
G.R. No. 190271, September 14, 2016
FACTS:
On 21 May 1996,M/V Meryem Ana received a shipment consisting of 21,857 metric tons of Prilled
Urea Fertilizer from Helm Duengemittel GMBH at Odessa, Ukraine. The shipment was covered by
two separate bills of lading and consigned to Fertiphil for delivery to two ports - one in Poro Point,
San Fernando, La Union; and the other in Tabaco, Albay. Fertiphil insured the cargo against all risks
under Marine Risk Note Nos. MN-MAR-HO-0001341 and MN-MAR-HO-0001347 issued by
respondent. M/V Meryem Ana arrived at Poro Point, La Union, and discharged 14,339.507 metric
tons of fertilizer under the first bill of lading. The ship sailed on to Tabaco, Albay, to unload the
remainder of the cargo. The fertilizer unloaded at Albay appeared to have a gross weight of 7,700
metric tons. The present controversy involves only this second delivery.
As soon as the vessel docked at the Tabaco port, the fertilizer was bagged and stored inside a
warehouse. When the cargo was subsequently weighed, it was discovered that only 7,350.35 metric
tons of fertilizer had been delivered. The present controversy involves the second delivery because
of the alleged shortage of 349.65 metric tons. Fertiphil filed a claim with respondent for
P1,617,527.37. After payment, respondent MAFRE Asian Insurance demanded reimbursement from
petitioner on the basis of the right of subrogation. The claim was denied, prompting respondent to
file a Complaint with the RTC and ordered petitioner to pay the claim ofP1,617,527.37 was affirmed
by the CA and denied petitioner’s appeal. Hence, this Petition for Review on Certiorari.
ISSUES:
1. Whether the transaction is governed by the provisions of the Civil Code on common carriers or by
the provisions of COGSA (Carriage of Goods by Sea Act); and
2. Whether the petitioner is liable for the loss or damage sustained by the cargo because of bad
weather.
HELD:
1. The Court upholds the ruling of the CA with respect to the applicable law. As expressly provided
in Article 1753 of the Civil Code, "[t]he law of the country to which the goods are to be transported
shall govern the liability of the common carrier for their loss, destruction or deterioration." Since
the cargo in this case was transported from Odessa, Ukraine, to Tabaco, Albay, the liability of
petitioner for the alleged shortage must be determined in accordance with the provisions of the
Civil Code on common carriers. The Code takes precedence as the primary law over the rights and
obligations of common carriers with the Code of Commerce and COGSA applying suppletorily.
2. Petitioner is liable for the shortage incurred by the shipment. It must be emphasized that not
all instances of bad weather may be categorized as "storms" or "perils of the sea" within the
meaning of the provisions of the Civil Code and COGSA on common carriers. To be considered
absolutory causes under either statute, bad weather conditions must reach a certain threshold of
severity. Petitioner failed to prove the existence of a storm or a peril of the sea within the context
of Article 1734(1) of the Civil Code or Section 4(2)(c) of COGSA. Furthermore, there was no
sufficient proof that the damage to the shipment was solely and proximately caused by bad
weather.
#36 Edgar Cokaliong Shipping Lines, Inc. v UCPB Gen Ins. G.R. No. 146018, June 25, 2003
(DYSANGCO)
FACTS:
When the Edgar Cokaliong Shipping Lines, Inc. left port, it had thirty-four (34) passengers and
assorted cargo on board, including the goods of Legaspi. After the vessel had passed by the
Mandaue-Mactan Bridge, fire ensued in the engine room, and, despite earnest efforts of the
officers and crew of the vessel, the fire engulfed and destroyed the entire vessel resulting in the
loss of the vessel and the cargoes therein. The Captain filed the required Marine Protest.
The subject bill of lading no. 58 and 59 were valued in the amount of P6,500.00 and P14,000.00,
respectively. Both were insured with UCPB and a total amount of P148,500.00 were paid by UCPB
for the insurance claims. Hence, UCPB filed a complaint for the collection of the said amount plus
interest for the loss of the cargo and attorney’s fee.
Petitioner argues that the cause of the loss of the goods, subject of this case, was force majeure.
It adds that its exercise of due diligence was adequately proven by the findings of the Philippine
Coast Guard.
The uncontroverted findings of the Philippine Coast Guard show that the M/V Tandag sank due to a
fire, which resulted from a crack in the auxiliary engine fuel oil service tank. Fuel spurted out of
the crack and dripped to the heating exhaust manifold, causing the ship to burst into flames.
ISSUES:
1. Whether or not petitioner liable for the loss of the goods
2. Whether or not the petitioner shall pay P148,500.00 plus interest.
RULING:
1. Yes. Having originated from an unchecked crack in the fuel oil service tank, the fire could not
have been caused by force majeure. Broadly speaking, force majeure generally applies to a
natural accident, such as that caused by a lightning, an earthquake, a tempest or a public enemy.
Hence, fire is not considered a natural disaster or calamity.
2. No. In Aboitiz Shipping Corporation v. Court of Appeals, the description of the nature and the
value of the goods shipped were declared and reflected in the bill of lading, like in the present
case. The Court therein considered this declaration as the basis of the carrier’s liability and
ordered payment based on such amount. Following this ruling, petitioner should not be held liable
for more than what was declared by the shippers/consignees as the value of the goods in the
bills of lading.
#37 The Philippine American General Insurance Co., Inc. vs CA and Felman Shipping Lines,
G.R. No. 116940, June 11, 1997 (FULLEROS)
Facts:
July 6, 1983 Coca-cola loaded on board MV Asilda, owned and operated by Felman, 7,500 cases of
1-liter Coca-Cola soft drink bottles to be transported to Zamboanga City to Cebu. The shipment was
insured with Philamgen.
July 7, the vessel sank in Zamboanga del Norte. July 15, Coca Cola filed a claim with respondent
Felman for recovery of damages. Felman denied thus prompted Coca-Cola to file an insurance claim
with Philamgen. Philamgen later on claimed its right of subrogation against Felman which disclaimed
any liability for the loss.
Philamgen alleged that the sinking and loss were due to the vessel's unseaworthiness, that the
vessel was improperly manned and its officers were grossly negligent. Felman filed a motion to
dismiss saying that there is no right of subrogation in favor of Philamgen was transmitted by the
shipper.
RTC dismissed the complaint of Philamgen. CA set aside the dismissal and remanded the case to the
lower court for trial on the merits. Felman filed a petition for certiorari but was denied.
RTC rendered judgment in favor of Felman. it ruled that the vessel was seaworthy when it left the
port of Zamboanga as evidenced by the certificate issued by the Phil. Coast Guard and the ship
owner’s surveyor. Thus, the loss is due to a fortuitous event, in which, no liability should attach
unless there is stipulation or negligence.
On appeal, CA rendered judgment finding the vessel unseaworthy for the cargo for being top-heavy
and the Coca-Cola bottles were also improperly stored on deck. Nonetheless, the CA denied the
claim of Philamgen, saying that Philamgen was not properly subrogated to the rights and interests
of the shipper plus the filing of notice of abandonment had absolved the ship owner from liability
under the limited liability rule.
Issue:
(a) Whether the vessel was seaworthy, and that (b) whether limited liability rule should apply
Ruling:
(a) The vessel was unseaworthy. The proximate cause thru the findings of the Elite Adjusters,
Inc., is the vessel's being top-heavy. Evidence shows that days after the sinking coca-cola
bottles were found near the vicinity of the sinking which would mean that the bottles were
in fact stowed on deck which the vessel was not designed to carry substantial amount of
cargo on deck. The inordinate loading of cargo deck resulted in the decrease of the vessel's
metacentric height thus making it unstable.
(b) Art. 587 of the Code of Commerce is not applicable, the agent is liable for the negligent
acts of the captain in the care of the goods. The international rule is that the right of
abandonment of vessels, as legal limitation of liability, does not apply to cases where the
injury was occasioned by the fault of the ship owner. Felman was negligent, it cannot
therefore escape liability.
2. Acts of public enemy – Art. 1734(2), 1739
3. Act or omission of shipper – Art. 1734(3), 1741
Contributory Negligence
#38 Tabacalera Insurance Co., et. al., vs North Front Shipping Servise and CA, G.R. No.
119197, May 16, 1997 (GALLEGO)
FACTS:
Parties
Respondent Carrier – North Front Shipping Services, Inc.
Consignee – Republic Flour Mills Corporation
Petitioner Insurers – Tabacalera Insurance Co., Prudential Guarantee & Assurance, Inc., and New
Zealand Insurance Co., Ltd.
On 2 August 1990, 20,234 sacks of corn grains were shipped on board a vessel owned by the
carrier. The vessel was inspected prior to actual loading by representatives of the shipper and was
found fit to carry the merchandise.
The unloading operations took twenty (20) days after the arrival of the barge at the wharf of the
consignee in Manila. There was also a shortage of 26.333 metric tons and the remaining cargo were
deteriorating.
The corn grains were examined and the laboratory analysis certificate revealed that the corn grains
were contaminated with salt water but the mold growth could be stopped by drying and would still
fit for consumption. However, the consignee rejected the entire cargo and demanded for payment
for damages which were settled by the insurers.
The insurance companies hired Marine Cargo Adjusters to conduct a survey and the latter found
cracks in the bodega of the barge and heavy concentration of molds on the tarpaulins and wooden
boards. The tarpaulins were not brand new as there were patches on them, contrary to the claim of
North Front Shipping Services, Inc., thus making it possible for water to seep in. They also
discovered that the bulkhead of the barge was rusty and no seals in the hatches.
ISSUES:
1. Whether or not the carrier observed extraordinary diligence in their vigilance over the cargo
they transported.
2. Whether or not the carrier was the sole responsible for the loss destruction, loss or
deterioration of the cargo.
RULING:
1. No. The carrier failed to observe the required extraordinary diligence in the vigilance over the
goods placed in its care. The extraordinary diligence in the vigilance over the goods tendered for
shipment requires the common carrier to know and to follow the required precaution for avoiding
damage to, or destruction of the goods entrusted to it for safe carriage and delivery. It requires
common carriers to render service with the greatest skill and foresight and ‘to use all reasonable
means to ascertain the nature and characteristics of goods tendered for shipment, and to exercise
due care in the handling and stowage, including such methods as their nature requires.’
In this case the master of the vessel and his crew failed to undertake precautionary measures to
avoid or lessen the cargo’s possible deterioration as they were presumed knowledgeable about the
nature of the cargo having been in the service for almost three decades.
2. No. The Court also found that the consignee was guilty of contributory negligence. No explanation
was given by the consignee why there was a delay of six (6) days in unloading the cargo. The loss
could have been avoided or minimized if they commenced the unloading immediately. The consignee
should share at least 40% of the loss for its contributory negligence.
NOTES:
Mere proof of delivery of the goods in good order to a common carrier, and of their arrival at the
place of destination in bad order, makes out p rima facie case against the common carrier, so that if
no explanation is given as to how the loss, deterioration or destruction of the goods occurred, the
common carrier must be held responsible. Otherwise stated, it is incumbent upon the common
carrier to prove that the loss, deterioration or destruction was due to accident or some other
circumstances inconsistent with its liability. (Compania Maritima v. Court of Appeals)
4. Character of goods, etc.
Arts. 1734(4), 1742
Art. 366, Code of Commerce
#39 Government v. Ynchausti, 40 Phil 219 (LEONOR)
FACTS:
Plaintiff shipped cargo of roofing tiles from Manila to Iloilo on a vessel belonging to the
defendant. The tiles were delivered by the defendant to the consignee of the plaintiff. Upon
delivery it was found that some of the tiles had been damaged. Plaintiff moved to recover the sum
amount equivalent to the damages but the lower court rendered judgment against it and in favor of
the defendant absolving the latter from all liability.
ISSUE:
Whether or not defendant may be held liable.
HELD:
NO.
Finding as we do that the tiles in question were shipped at the owner’s risk, under the law in this
jurisdiction, the carrier is only liable where the evidence shows that he was guilty of some
negligence and that the damages claimed were the result of such negligence. As was said above,
the plaintiff offered no proof whatever to show negligence on the part of the defendant.
The defendant herein proved, and the plaintiff did not attempt to dispute, that the tiles in question
were of a brittle and fragile nature and that they were delivered by the plaintiff to the defendant
without any packing or protective covering. The defendant also offered proof to show that there
was no negligence on its part, by showing that the tiles were loaded, stowed, and discharged in a
careful and diligent manner. In this jurisdiction there is no presumption of negligence on the part
of the carriers in case like the present. The plaintiff, not having proved negligence on the part of
the defendant, is not entitled to recover damages.
#40 Southern Lines v. CA, 4 SCRA 258 G.R. No. L-16629 (MACAPAAR) For review
Facts:
The City of Iloilo requisitioned for rice from the National Rice and Corn Corporation (NARIC) in
Manila. NARIC, pursuant to the order, shipped 1,726 sacks of rice consigned to the City of Iloilo on
board the SS “General Wright” belonging to the Southern Lines, Inc.
The City of Iloilo received the shipment and paid the total charged amount. However, it was
discovered in the bill of lading that there was shortage equivalent to 41 sacks of rice. The City of
Iloilo filed a complaint against NARIC and the Southern Lines, Inc. for the recovery of the amount
representing the value of the shortage of the shipment of rice. The lower court absolved NARIC,
but held Southern Lines, Inc. liable to pay the shortage. CA affirmed the trial court’s decision,
hence, this petition.
Issues:
(1) W/N Southern Lines is liable for the loss or shortage of the rice shipped;
Ruling:
(1) YES. Under the provisions of Article 361, the defendant-carrier in order to free itself from
liability was only obliged to prove that the damages suffered by the goods were “by virtue of the
nature or defect of the articles.” Under the provisions of Article 362, the plaintiff, in order to
hold the defendant liable, was obliged to prove that the damages to the goods by virtue of their
nature, occurred on account of its negligence or because the defendant did not take the precaution
adopted by careful persons.
The contention is untenable, for, if the fact of improper packing is known to the carrier or his
servants, or apparent upon ordinary observation, but it accepts the goods notwithstanding such
condition, it is not relieved of liability for loss or injury resulting therefrom. Petitioner itself
frankly admitted that the strings that tied the bags of rice were broken; some bags were with
holes and plenty of rice were spilled inside the hull of the boat, and that the personnel of the boat
collected no less than 26 sacks of rice which they had distributed among themselves. This finding,
which is binding upon this Court, shows that the shortage resulted from the negligence of
petitioner.
(2) YES. Respondent filed the present action, within a reasonable time after the short delivery in
the shipment of the rice was made. It should be recalled that the present action is one for the
refund of the amount paid in excess, and not for damages or the recovery of the shortage; for
admittedly the respondent had paid the entire value of the 1726 sacks of rice, subject to
subsequent adjustment, as to shortages or losses. The bill of lading does not at all limit the time for
filing an action for the refund of money paid in excess.
5. Order of competent authority
Arts. 1734(5), 1743
#41 Ganzon v. Court of Appeals, 161 SCRA 646, G.R. No. L-48757, 5/30/88
FACTS: On November 28, 1956, Gelacio Tumambing contracted the services of Mauro B. Ganzon to haul
305 tons of scrap iron from Mariveles, Bataan, to the port of Manila on board the lighter LCT "Batman.
Pursuant to that agreement, Mauro B. Ganzon sent his lighter "Batman" to Mariveles where it docked in
three feet of water. Gelacio Tumambing delivered the scrap iron to defendant Filomeno Niza, captain of
the lighter, for loading which was actually begun on the same date by the crew of the lighter under the
captain's supervision. When about half of the scrap iron was already loaded, Mayor Jose Advincula of
Mariveles, Bataan, arrived and demanded P5,000.00 from Gelacio Tumambing. The latter resisted the
shakedown and after a heated argument between them, Mayor Jose Advincula drew his gun and fired at
Gelacio Tumambing who sustained injuries.
After some time, the loading of the scrap iron was resumed. But on December 4, 1956, Acting Mayor
Basilio Rub, accompanied by three policemen, ordered captain Filomeno Niza and his crew to dump the
scrap iron where the lighter was docked. The rest was brought to the compound of NASSCO. Later on
Acting Mayor Rub issued a receipt stating that the Municipality of Mariveles had taken custody of the
scrap iron.
Tumabing sued Ganzon; the latter alleged that the goods have not been unconditionally placed under his
custody and control to make him liable. The trial court dismissed the case but on appeal, respondent
Court rendered a decision reversing the decision of the trial court and ordering Ganzon to pay damages.
HELD: Yes. By the said act of delivery, the scraps were unconditionally placed in the possession and
control of the common carrier, and upon their receipt by the carrier for transportation, the contract of
carriage was deemed perfected. Consequently, the petitioner-carrier's extraordinary responsibility for the
loss, destruction or deterioration of the goods commenced. Pursuant to Art. 1736, such extraordinary
responsibility would cease only upon the delivery, actual or constructive, by the carrier to the consignee,
or to the person who has a right to receive them. The fact that part of the shipment had not been loaded
on board the lighter did not impair the said contract of transportation as the goods remained in the
custody and control of the carrier, albeit still unloaded.
Before Ganzon could be absolved from responsibility on the ground that he was ordered by competent
public authority to unload the scrap iron, it must be shown that Acting Mayor Basilio Rub had the power to
issue the disputed order, or that it was lawful, or that it was issued under legal process of authority. The
appellee failed to establish this. Indeed, no authority or power of the acting mayor to issue such an order
was given in evidence. Neither has it been shown that the cargo of scrap iron belonged to the Municipality
of Mariveles. What we have in the record is the stipulation of the parties that the cargo of scrap iron was
accumulated by the appellant through separate purchases here and there from private individuals. The
fact remains that the order given by the acting mayor to dump the scrap iron into the sea was part of the
pressure applied by Mayor Jose Advincula to shakedown Tumambing for P5,000.00. The order of the
acting mayor did not constitute valid authority for Ganzon and his representatives to carry out.