G.R. No. L-47822 - De Guzman vs. Court of Appeals

Ernesto Cendana, respondent, was a junk dealer in Pangasinan who back-hauled goods from Manila to Pangasinan using his two six-wheeler trucks, charging below-market freight rates.
Pedro de Guzman, petitioner, was a merchant and authorized dealer of General Milk Company in Urdaneta, Pangasinan.

In November 1970, Guzman contracted Cendana for the hauling of 750 cartons of Liberty filled milk from Makati to Urdaneta, delivery by December 4, 1970.
On December 1, 1970, Cendana loaded 150 cartons on his own‐driven truck and 600 cartons on a second truck driven by his employee Manuel Estrada. Only the 150 cartons reached petitioner; the second truck was hijacked along MacArthur Highway in Paniqui, Tarlac, by armed men who took the vehicle, its driver, helper, and cargo.

On January 6, 1971, Guzman sued in the Court of First Instance of Pangasinan for P22,150.00 (value of lost goods), damages, and attorney’s fees, alleging Cendana was a common carrier liable for non-delivery.
The trial court (Dec. 10, 1975) found Cendana a common carrier and awarded the full claim plus damages and fees.
The Court of Appeals reversed on August 3, 1977, ruling that Cendana was not a common carrier but merely engaged in casual back‐hauling, and that the hijacking was force majeure.

Whether Ernesto Cendana was properly characterized as a common carrier under Article 1732 of the Civil Code.
Whether the hijacking of the truck constituted force majeure exempting the carrier from liability under Articles 1734 and 1735 of the Civil Code.
Whether Cendana, as a common carrier, was liable for the value of the undelivered milk cartons.