Title
Supreme Court
Tan vs. Great Harvest Enterprises, Inc.
Case
G.R. No. 220400
Decision Date
Mar 20, 2019
A common carrier, Annie Tan, held liable for failing to exercise extraordinary diligence after her truck and cargo of soya beans worth P230,000.00 went missing, despite her claims of fortuitous event.

Case Digest (G.R. No. 220400)
Expanded Legal Reasoning Model

Facts:

  • Contract for Carriage and Loss of Goods
    • On February 3, 1994, Great Harvest Enterprises, Inc. (Respondent) engaged Annie Tan (Petitioner) to transport 430 bags of soya beans valued at ₱230,000.00 from Tacoma Integrated Port Services, Inc., Manila to Selecta Feeds, Quezon City.
    • Upon delivery, Selecta Feeds rejected the shipment. Great Harvest then directed Petitioner’s driver to deliver the goods to Great Harvest’s warehouse in Malabon, but the truck and cargo never arrived.
  • Attempts to Recover and Criminal Proceedings
    • Petitioner reported the missing truck to the Western Police District Anti-Carnapping Unit and the NBI; the truck was found cannibalized in Cavite with no cargo. She spent over ₱200,000.00 repairing it.
    • Petitioner filed a complaint against her employees Rannie Sultan Cabugatan and Rody Karamihan for theft; criminal charges followed.
  • Civil Actions and Appeals
    • Great Harvest sent demand letters on March 2 and April 26, 1994, for payment of the lost soya beans; Petitioner refused, prompting a ₱230,000.00 complaint for sum of money filed June 2, 1994. Petitioner denied liability and claimed deviation of instructions.
    • The RTC of Quezon City (January 3, 2012) found a verbal hauling contract and held Petitioner liable for ₱230,000.00 plus 12% interest, ₱50,000.00 attorney’s fees, and costs. The CA (March 13, 2015; September 15, 2015) affirmed, citing Petitioner’s failure to exercise extraordinary diligence. Petitioner then filed a Rule 45 Petition for Review on Certiorari.

Issues:

  • Substantive Issue
    • Whether Annie Tan, as a common carrier, should be held liable for the value of the soya beans stolen by her driver.
  • Procedural Issue
    • Whether factual questions may be raised in a Rule 45 Petition for Review on Certiorari under the “misapprehension of facts” exception.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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