CA and control of the common carrier, and upon their receipt
Topic: Common Carriers; Contract of Transportation; Carriage of by the carrier for transportation, the contract of carriage Goods was deemed perfected. o Article 1736. The extraordinary responsibility of the FACTS: common carrier lasts from the time the goods are Tumambing hired the services of Ganzon to haul 305 tons of unconditionally placed in the possession of, and scrap iron from Bataan to the Port of Manila received by the carrier for transportation until the Ganzon then sent his lighter “Batman” to Mariveles (Bataan) same are delivered, actually or constructively, by the where it docked in three feet of water carrier to the consignee, or to the person who has a Tumambing delivered the scrap iron to Niza, the captain of the right to receive them, without prejudice to the lighter Batman. Loading of the said scrap iron began that day provisions of article 1738. However, the Mayor of Bataan, Mayor Advincula arrived in the The fact that part of the shipment had not been loaded on loading site and demanded Php 5,000 from Tumambing board the lighter did not impair the said contract of Tumambing resisted which led to an altercation. The transportation as the goods remained in the custody and altercation made the Mayor pull out his gun and fire at control of the carrier, albeit still unloaded. Tumambing – the gunshot wound was not fatal Petitioner is presumed to have acted negligently. The Court is After sometime, the loading of scrap iron continued not even required to make an express finding of fault or Acting Mayor Basilo Rub and three policemen arrived in the negligence before it could hold the petitioner answerable for loading site and ordered the crew to dump the scrap iron the breach of contract of carriage. The only exception is if the The remaining scrap iron was taken by the acting mayor and petitioner observed extraordinary diligence or the loss was was kept in the Municipality caused by foce majeure. This led to the filing of the case against petitioner based on o Article 1734. Common carriers are responsible for culpa contractual the loss, destruction, or deterioration of the goods, unless the same is due to any of the following causes RTC: Ganzon to pay Tumambing Php 5,895.00 only: Petitioner argues that the said scrap iron was not yet put in (1) Flood, storm, earthquake, lightning, or other his custody, therefore he is not liable for damages natural disaster or calamity; However, he agrees with the respondent that the scraps was (2) Act of the public enemy in war, whether delivered to Captain Niza for loading in the lighter Batman – international or civil; basically, petitioner received the scraps through his (3) Act or omission of the shipper or owner of employees the goods; ISSUE: WON Ganzon should be held liable for damages for the (4) The character of the goods or defects in the scrap iron packing or in the containers; (5) Order or act of competent public authority. HELD: YES By the said delivery, the Supreme Court held that the scraps were unconditionally placed in the possession