Calvo vs. UCPB Gen. Insurance Co.,Inc.
Calvo vs. UCPB Gen. Insurance Co.,Inc.
Calvo vs. UCPB Gen. Insurance Co.,Inc.
ISSUE:
1) Whether or not Calvo is a common carrier.
2) Whether or not Calvo is liable.
HELD & RATIO:
1) YES.
FACTS:
Petitioner Virgines Calvo is the owner of Transorient
Container Terminal Services, Inc. (TCTSI), a sole
proprietorship customs broker.
Petitioner entered into a contract with San Miguel
Corporation (SMC) for the transfer of 114 reels of semichemical fluting paper and 124 reels of kraft liner board from
Applicable Provision:
Article 1732. Common carriers are persons, corporations,
firms or associations engaged in the business of carrying or
transporting passengers or goods or both, by land, water, or
air for compensation, offering their services to the public.
The abovementioned provision did not make any
distinction:
2) YES.
Applicable Provision:
Art. 1733. Common carriers, from the nature of their
business and for reasons of public policy, are bound to
observe extraordinary diligence in the vigilance over the
goods and for the safety of the passengers transported by
them, according to all the circumstances of each case. . . .
Petitioners Contention: She denies liability for the damage
to the cargo and claims that the "spoilage or wettage" took
place while the goods were in the custody of either the