- Petitioner
- A.F. Sanchez Brokerage Inc.
- Respondent
- The Hon. Court of Appeals
- Citation
- G.R. No. 147079
- Court
- Supreme Court
- Division
- Third Division
- Ponente
- Carpio Morales, J.
- Decided
- December 21, 2004
Summary
This case involves FGU Insurance Corporation seeking damages from customs broker A.F. Sanchez Brokerage Inc. for damaged oral contraceptive tablets during transportation. The Supreme Court affirmed that Sanchez Brokerage, while primarily a customs broker, was also a common carrier under Article 1732 of the Civil Code since it provided transportation and delivery services for compensation. The cargo was received in good condition but delivered damaged, creating a presumption of negligence under Article 1735. Sanchez Brokerage failed to overcome this presumption by proving extraordinary diligence as required under Article 1733. The Court rejected defenses of improper packing and weather damage due to insufficient evidence and failure to protest upon receipt. This case establishes that customs brokers providing ancillary transportation services are subject to common carrier liability standards, emphasizing the duty of extraordinary diligence in cargo handling and the burden of proving such diligence when damage occurs.