circumstance digest

 case digest Essay

п»їCalvo v. UCPB General Insurance Case Process

Calvo sixth is v. UCPB Standard InsuranceВ

G. R. No . 148496 March 19, 2002

Facts: В Petitioner Virgines Calvo, owner of Transorient Box Terminal Companies, Inc. (TCTSI), and a custom broker, entered into an agreement with San Miguel Corporation (SMC) pertaining to the copy of 114 reels of semi-chemical fluting paper and 124 fishing reels of kraft liner table from the dock area to the Tabacalera Mixture, Ermita, Manila. The cargo was insured by respondent UCPB Basic Insurance Company., Inc. В

On Come july 1st 14, 1990, contained in 30 metal vehicles, arrived in Manila on board " M/V Hayakawa Maru”. Following 24 hours, these people were unloaded by vessel to the custody with the arrastre agent, Manila Interface Services, Incorporation. From September 23 to 25, 1990, petitioner, pursuant to her deal with SMC, withdrew the cargo from the arrastre user and provided it to SMC's warehouse in Manila. On July 25, the goods were checked out by Marine Cargo Surveyors, reported that 15 fishing reels of the semi-chemical fluting paper were " wet/stained/torn” and 3 reels of kraft liner plank were also split. The problems cost P93, 112. 00. В

SMC collected the said sum from respondent UCPB beneath its insurance contract. Surveys takers on the other hand, as being a subrogee of SMC, helped bring a match against petitioner in RTC, Makati Town. On December 20, 95, the RTC rendered common sense finding petitioner liable for the damage to the transport. The decision was affirmed by the CA. В

Issue: В Whether or not Calvo is a common carrier? В

Held: В In this case the contention of the petitioner, that he is not a common jar but a private carrier, has no merit. В

Article 1732 makes no distinction between one whose principal business activity is definitely the carrying of persons or goods or perhaps both, and one who does such holding only since ancillary activity. Article 1732 also properly avoids making any differentiation between a person or perhaps enterprise giving transportation assistance on a regular or scheduled basis and a single offering this kind of service by using an occasional, episodic or unscheduled basis. Not does Content 1732 distinguish between a carrier offering its companies to the " general public, " i. e., the general community or human population, and person who offers providers or solicits business only from a thin segment with the general populace. We think that Article 1733 deliberately refrained from making such differentiation. (De Guzman v. FLORIDA, 68 SCRA 612)В

Te concept of " common carrier” under Article 1732 overlap with the idea of " public service”, under the Public Service Take action which partly supplements the law on common carrier. Underneath Section 13, paragraph (b) of the Community Service Work, it includes: В

" x x x every person that now or hereafter may very own, operate, take care of, or control in the Israel, for hire or compensation, with general or perhaps limited clients, whether long term, occasional or perhaps accidental, and done to get general organization purposes, any common jar, railroad, avenue railway, traction force railway, subway motor vehicle, either for freight or perhaps passenger, or perhaps both, with or without fixed path and whatever may be the classification, freight or company service of any course, express assistance, steamboat, or steamship series, pontines, ferries and normal water craft, involved in the transport of travellers or gets or the two, shipyard, ocean repair shop, river or ipod dock, ice herb, ice-refrigeration herb, canal, water sources system, gas, electric light, warmth and electricity, water supply and power petroleum, sewerage system, wire or perhaps wireless sales and marketing communications systems, cable or wireless broadcasting stations and other similar public companies. x x x”

CENTRAL SHIPPING FIRM vs INSURANCE COMPANY OF UNITED STATES CENTRAL SHIPPING COMPANY, INCORPORATION., petitioner, versus INSURANCE COMPANY OF NORTH AMERICA, respondent. G. R. No . 150751 September twenty, 2004

121 SCRA 769

Facts: В On July 25, 1990 in Puerto Princesa, Palawan, the petitioner received on board their vessel, the M/V Central Bohol, 376 pieces of Round Logs and undertook...

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