Professional Documents
Culture Documents
*
G.R. No. 147246. August 19, 2003.
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* THIRD DIVISION.
341
PUNO, J.:
1
On appeal is the Court of Appeals May 11, 2000 Decision
in CA-G.R. 2
CV No. 49195 and February 21, 2001
Resolution
3
affirming with modification the April 6, 1994
Decision of the Regional Trial Court of Manila which found
petitioner liable to pay private respondent the amount of
indemnity and attorneys fees.
First, the facts.
On June 13, 1990, 3,150 metric tons of Better Western
4
White Wheat in bulk, valued at US$423,192,35 was
shipped by Marubeni American Corporation of Portland,
Oregon on board the vessel M/V NEO CYMBIDIUM V-26
for delivery to the consignee, General Milling Corporation5
in Manila, evidenced by Bill of Lading No. PTD/Man-4.
The shipment was insured by the private respondent
Prudential Guarantee and Assurance, Inc. against loss or
damage for P14,621,771.75
6
under Marine Cargo Risk Note
RN 11859/90.
On July 25, 1990, 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 consignees warehouse at Bo. Ugong,
Pasig City.
On August 15, 1990, 900 metric tons of the shipment
was loaded on barge7
PSTSI III, evidenced by Lighterage
Receipt No. 0364 for delivery to consignee. The cargo did
not reach its destination.
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attorneys fees and17cost of suit. Petitioner filed its answer
with counterclaim.
The Regional Trial Court ruled in favor of the private
respondent. The dispositive portion of its Decision states:
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22 Rollo, p. 127.
23 See note 21.
24 G.R. No. 101089, 07 April 1993, 221 SCRA 318.
25 Id., at pp. 323-324.
26 Rollo, p. 14.
27 Id., at pp. 148-150.
28 Article 1733, 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 and for the safety
of the passengers transported by them, according to all the circumstances
of each case.
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upon the common carrier in case of an act of the public enemy referred to
in article 1734, no. 2.
31 TSN, 04 March 1993, pp. 12-13.
348
32
area of responsibility. A part of the testimony of Robert
Boyd, Cargo Operations Supervisor of the petitioner,
reveals:
33
DIRECT-EXAMINATION BY ATTY. LEE:
x x x x x x x x x
Q Now, Mr. Witness, did it not occur to you it might be
safer to just allow the Barge to lie where she was
instead of towing it?
A Since that time that the Barge was refloated, GMC
(General Milling Corporation, the consignee) as I have
said was in a hurry for their goods to be delivered at
their Wharf since they needed badly the wheat that was
loaded in PSTSI-3. It was needed badly by the
consignee.
Q And this is the reason why you towed the Barge as you
did?
A Yes, sir.
x x x x x x x x x
34
CROSS-EXAMINATION BY ATTY. IGNACIO:
x x x x x x x x x
Q And then from ISLOFF Terminal you proceeded to the
premises of the GMC? Am I correct?
A The next day, in the morning, we hired for additional
two (2) tugboats, as I have stated.
Q Despite of the threats of an incoming typhoon as you
testified a while ago?
A It is already in an inner portion of Pasig River. The
typhoon would be coming and it would be dangerous if
we are in the vicinity of Manila Bay.
Q But the fact is, the typhoon was incoming? Yes or no?
A Yes.
Q And yet as a standard operating procedure of your
Company, you have to secure a sort of Certification to
determine the weather condition, am I correct?
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A Yes, sir.
Q So, more or less, you had the knowledge of the incoming
typhoon, right?
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A Yes, sir.
Q And yet you proceeded to the premises of the GMC?
A ISLOFF Terminal is far from Manila Bay and anytime
even with the typhoon if you are already inside the
vicinity or inside Pasig entrance, it is a safe place to tow
upstream.
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o0o
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