Title
Supreme Court
Torres-Madrid Brokerage, Inc. vs. FEB Mitsui Marine Insurance Co., Inc.
Case
G.R. No. 194121
Decision Date
Jul 11, 2016
A customs broker (TMBI) and its subcontractor (BMT) were held liable for the loss of Sony's shipment due to a driver's disappearance, with TMBI failing to prove extraordinary diligence. Mitsui, as Sony's insurer, recovered damages from TMBI, which in turn sought reimbursement from BMT.

Case Digest (G.R. No. 194121)
Expanded Legal Reasoning Model

Facts:

  • Contractual Engagements
    • Sony Philippines, Inc. engaged Torres-Madrid Brokerage, Inc. (TMBI) on October 7, 2000 to process, clear, withdraw, and deliver a shipment of electronics from the Port of Manila to its Binan, Laguna warehouse.
    • TMBI, lacking its own transport, subcontracted Benjamin P. Manalastas’s BMT Trucking Services (BMT) for the delivery; Sony was notified and raised no objection.
  • Hijacking Incident and Procedural History
    • On October 9, 2000, four BMT trucks departed for Laguna; only three arrived. The fourth (driven by Rufo Reynaldo Lapesura) was found abandoned and empty, its cargo missing. Police and NBI complaints followed.
    • Sony’s insurer, FEB Mitsui Marine Insurance Co., Inc. (Mitsui), indemnified Sony for PHP 7,293,386.23 and was subrogated to Sony’s rights. Mitsui demanded payment from TMBI; TMBI refused and Mitsui sued.
    • TMBI impleaded BMT as third-party defendant, alleging BMT’s negligence or force majeure hijacking; BMT denied liability.
    • The RTC held TMBI and BMT jointly and solidarily liable, awarding Mitsui damages, attorney’s fees (25%), and costs. The CA affirmed liability, reduced fees to PHP 200,000, and rejected the hijacking-as-force-majeure defense. TMBI petitioned for certiorari.

Issues:

  • Carrier Status and Exemptions
    • Whether TMBI is a common carrier bound to observe “extraordinary diligence.”
    • Whether the hijacking constitutes a fortuitous event or force majeure exempting liability.
  • Extent and Nature of Liability
    • Whether TMBI and BMT are jointly and solidarily liable to Mitsui under Article 2194 of the Civil Code.
    • Whether Mitsui may directly hold BMT liable absent contractual privity (quasi-delict liability).

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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