G.R. No. L-48757 - Ganzon vs. Court of Appeals

On November 28, 1956, Gelacio E. Tumambing contracted Mauro B. Ganzon to transport 305 tons of scrap iron from Mariveles, Bataan, to the port of Manila aboard the lighter LCT “Batman.”
On December 1, 1956, Tumambing delivered the scrap iron to Captain Filomeno Niza; loading began the same day under the captain’s supervision and proceeded until about half of the cargo was on board.

While loading was in progress, Mayor Jose Advincula demanded a P5,000 “shakedown” from Tumambing; upon resistance, the mayor fired at Tumambing, who was wounded and hospitalized. Loading later resumed.
On December 4, 1956, Acting Mayor Basilio Rub accompanied by three policemen ordered the captain and crew to dump the scrap iron into the sea where the lighter was docked; the remaining scrap was deposited at the NASSCO compound, and the municipality later issued a receipt acknowledging custody of the goods.

Whether the petitioner-carrier is liable for breach of the contract of carriage from the moment the scrap iron was unconditionally placed in his possession and control.
Whether the petitioner can be held responsible for the acts of his employees in dumping the scrap iron into the sea upon the order of a municipal official in whose act he did not participate.
Whether the loss of the scrap iron resulted from a fortuitous event or from the act of a competent public authority, thereby exonerating the petitioner from liability.