Unitrans International · G.R. 203865

Petitioner: Unitrans International Forwarders
Respondent: Insurance Company of North America
Citation: G.R. No. 203865
Court: Supreme Court
Division: Second Division
Ponente: Caguioa, J.
Decided: March 13, 2019

Summary

ICNA sued freight forwarder Unitrans and others for damaged musical instruments shipped from Australia to Manila, seeking subrogation recovery of US$22,657.83 paid under marine insurance. Unitrans, acting as non-vessel operating common carrier and delivery agent, was obligated to deliver cargo in good condition but failed when two instruments arrived severely damaged. The RTC held Unitrans liable under Civil Code provisions on common carrier negligence, which the CA affirmed. The Supreme Court denied Unitrans' petition for review, ruling the issues raised were questions of fact inappropriate for certiorari. The Court emphasized that under Articles 1733 and 1735 of the Civil Code, common carriers are presumed negligent when goods are damaged and must prove extraordinary diligence to overcome this presumption. Unitrans failed to discharge this burden, making it liable for the insurance claim with interest.

Statutes applied

Related cases

Other Philippine cases on the same provisions and issues.

Virgines Calvo Doing Business Under the Name v. Ucpb General Insurance Co. G.R. No. 148496
Eastern Shipping Lines v. The Court of Appeals G.R. No. 94151
A.F. Sanchez Brokerage Inc. v. The Hon. Court of Appeals G.R. No. 147079
Sulpicio Lines v. First Lepanto-Taisho Insurance Corporation G.R. No. 140349
Transimex Co. v. Mafre Asian Insurance Corp. G.R. No. 190271
Everett Steamship Corporation v. Court of Appeals G.R. No. 122494
Estrellita M. Bascos v. Court of Appeals G.R. No. 101089
Aboitiz Shipping Corporation v. Insurance Company of North America G.R. No. 168402

By Intellegal Editorial Board · March 13, 2019

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