Case Digest (G.R. No. 194121)
Facts:
On October 7, 2000, a shipment of electronic goods consigned to Sony Philippines, Inc. arrived at the Port of Manila and Sony engaged Torres-Madrid Brokerage, Inc. (TMBI) to facilitate customs clearance, withdraw the cargo, and deliver it to its warehouse in Biñan, Laguna. Lacking its own delivery trucks, TMBI subcontracted the transport to BMT Trucking Services, owned by respondent Benjamin P. Manalastas, with Sony’s knowledge and without objection. Four BMT trucks collected the goods on October 7 but, due to an impending truck ban and a Sunday holiday, postponed delivery to October 9. On that morning, three trucks reached the Biñan warehouse, while the fourth, driven by Rufo Reynaldo Lapesura, was found abandoned in Muntinlupa City at noon, with both driver and cargo missing. TMBI’s General Manager, Victor Torres, and BMT’s Operations Manager inspected the scene and filed a hijacking complaint with the NBI, which recommended qualified theft charges. Sony notified its insurer,Case Digest (G.R. No. 194121)
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)