Facts:
G.P. Sarmiento Trucking Corporation (GPS) undertook to
deliver thirty units of Condura white refrigerators aboard one of its Isuzu
truck, driven by Lambert Eroles, from the plant site of Concepcion Industries,
Inc., to the Central Luzon Appliances in Dagupan City. While the truck was
traversing the north diversion road along McArthur highway, it collided with an
unidentified truck, causing it to fall into a deep canal, resulting in damage
to the cargoes.
FGU Insurance Corporation (FGU), an insurer of the shipment, paid to
Concepcion Industries, Inc., the value of the covered cargoes. FGU, in turn,
being the subrogee of the rights and interests of Concepcion Industries, Inc.,
sought reimbursement of the amount it had paid to the latter from GPS. Since
the trucking company failed to heed the claim, FGU filed a complaint for
damages and breach of contract of carriage against GPS and its driver Lambert
Eroles with the Regional Trial Court, which dismissed the case on the basis
that GPS is not a common carrier . Thus,
the laws governing the contract between the owner of the cargo to whom the
plaintiff was subrogated and the owner of the vehicle which transports the
cargo are the laws on obligation and contract of the Civil Code as well as the
law on quasi delicts.
"Thus, the laws governing the contract between the
owner of the cargo to whom the plaintiff was subrogated and the owner of the
vehicle which transports the cargo are the laws on obligation and contract of
the Civil Code as well as the law on quasi delicts.
"Considering that plaintiff failed to adduce evidence that
defendant is a common carrier and defendant's driver was the one negligent,
defendant cannot be made liable for the damages of the subject cargoes."
Issue:
WHETHER RESPONDENT GPS MAY BE CONSIDERED AS A COMMON
CARRIER AS DEFINED UNDER THE LAW
Ruling:
Defendant GPS is not a common Carrie. GPS, being an
exclusive contractor and hauler of Concepcion Industries, Inc., rendering or
offering its services to no other individual or entity, cannot be considered a
common carrier. 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 hire or compensation, offering their
services to the public whether to the public in general or to a limited
clientele in particular, but never on an exclusive basis. The true test of a
common carrier is the carriage of passengers or goods, providing space for
those who opt to avail themselves of its transportation service for a fee.
Given accepted standards, GPS scarcely falls within the term common carrier.
The above conclusion nothwithstanding, GPS cannot escape from liability.
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