Republic of The Philippines Court of Appeals Manila Fifth Division
Republic of The Philippines Court of Appeals Manila Fifth Division
Republic of The Philippines Court of Appeals Manila Fifth Division
COURT OF APPEALS
Manila
FIFTH DIVISION
CA GR No. XXXXX
-versus- Civil Case No. 62709
For: DAMAGES
APPELLANT’S BRIEF
SO ORDERED.”
5. Mr. Hassan Salim reported through telephone call the non-delivery of the
commodities.
9. The issue in the case at bar is whether Appellee was able to deliver the cargo
involved herein, which it carried on board its vessel, to the consignee Mr.
Hassan Salim of plaintiff National Trucking Corporation in Zamboanga;
11.Whether or not the Appellee is liable to pay for actual, exemplary and moral
damages.
ARGUMENT
14.In the case at bar, the cargoes that are subject to this proceeding was never
situated in any of the five (5) aforementioned circumstances that would
exempt the Defendant-Appellee for any liabilities.
“The extraordinary responsibility of the common carriers lasts from the time
the goods are unconditionally placed in the possession of, received by the
carrier for transportation until the same are delivered, actually or
constructively, by the carrier to the consignee, or to the person who has a
right to receive them, without prejudice to the provisions of Article 1738.”
18. In the case at bar, there was no actual delivery that took place as the
Defendant-Appellee cannot establish a clear evidence of delivery as it failed
provide a copy of the signed delivery receipt.
RELIEF
Other reliefs just and equitable under the premises are likewise prayed for.
Copy furnished, in accordance with Section 11, Rule 13 of the Revised Rules of
Court, by registered mail, in view of far distance making personal service not
practicable, to: