G.R. No. 203756 - Alpha Plus International Enterprises Corp. vs. Philippine Charter Insurance Corp.

On 18 June 1994, G.P. Sarmiento Trucking Corporation (GPS) agreed to transport thirty (30) Condura S.D. white refrigerators from Concepcion Industries, Inc.’s plant in Alabang, Metro Manila, to Central Luzon Appliances in Dagupan City.
The goods were loaded on an Isuzu truck driven by Lambert M. Eroles, GPS’s employee.

While traversing the north diversion road along McArthur Highway in Barangay Anupol, Bamban, Tarlac, the Isuzu truck collided with an unidentified vehicle.
The collision caused the truck to fall into a deep canal, resulting in damage to the thirty refrigerators.

FGU Insurance Corporation (FGU), insurer of the cargo, paid Concepcion Industries, Inc. P204,450.00 as full indemnity for the damaged goods and was subrogated to Concepcion’s rights.
FGU filed a complaint for damages and breach of contract of carriage against GPS and its driver Lambert Eroles in the Regional Trial Court (RTC) of Makati City after GPS failed to settle the claim.
At trial, FGU established the amount of damage and its subrogation status; GPS demurred to evidence, asserting it was not a common carrier and that the damage was accidental.
The RTC granted GPS’s demurrer to evidence and dismissed FGU’s complaint. The Court of Appeals affirmed. FGU appealed to the Supreme Court.

Whether GPS qualifies as a common carrier under law and jurisprudence.
Whether GPS, as either a common or private carrier, may be presumed negligent for damage to goods in its custody.
Whether the doctrine of res ipsa loquitur applies to hold GPS or its driver liable.