Estrellita M. Bascos v. Court of Appeals

Summary

Supreme Court affirmed lower courts' finding that Estrellita Bascos, operating as Bascos Trucking, was a common carrier liable for P156,404.00 worth of lost soya bean meal cargo. The Court rejected Bascos' argument that the arrangement was merely a truck lease, holding that her judicial admission of being in the trucking business offering services to cargo owners established common carrier status under Article 1732 of the Civil Code. The Court also ruled that the alleged hijacking did not constitute force majeure, as Bascos failed to prove the hijackers acted with grave or irresistible threat, violence or force as required under Article 1745. The presumption of negligence under Article 1735 was not overcome by insufficient evidence of extraordinary diligence. This case reinforces the broad definition of common carriers and the strict liability standards imposed by law for protection of the shipping public.