Diorella Velasquez
Republic Republic of the Philippines National Capital Judicial Region Region REGIONAL TRIAL COURT
Branch 86, anila
NATIONAL SUPPLIES AUTHORITY AND NATIONAL TRUCKING AUTHORITY,
Plainti!s, Civil Case No. 6270 !ve"s#s! ALLIED SHIPPING CORP.,
Defendant" #$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ #
DECISION
Plainti! National %upplies &uthorit'(N%&) and National *ruc+ing Corporation led this action against &llied %hipping Corporation for the alleged breach breach of contract of carriage, for failing to deli-er deli-er N%&.s bags of non$fat dried /il+"
Evi$e%&e 'o" ()e Plai%(i*
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&t the pre$trail the parties stipulated the follo1ing facts"
0" N%C anager, Vicente *uason testied that the'.-e engaged the ser-ices of National *ruc+ing Corporation (N*C)" N%C sent the bill of lading to N*C.s 2assan %ali/" %ali/ 1ould then present a cop' of the bill of lading to N*C for release of the co//odities
2. %ali/ reported the non$deli-er' of the co//odities under the bill
of lading"
+. & ship/ent of 3,845 bags of non$fat /il+ 1as reported lost %ali/
clai/ed that he did not 1ithdra1 the goods fro/ &llied %hipping ho1e-er & representati-e fro/ &llied %hipping insisted that the goods 1ere 1ithdra1n b' %ali/"
. *hat the signature on the receipt did not /atch %ali/.s
signature"
Evi$e%&e o' De'e%$a%(s
3" Ricardo %a/son , a deli-er' chec+er fro/ Jose Razon %hipping &genc', 1ho does deli-er' for N*C, conr/ed that the' /ade deli-eries fro/ 7ctober to Dece/ber 0 to 2assan %ali/, ho1e-er he clai/ed that the cargo receipts ha-e been lost"
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6" %a/son also testied that %ali/ told the/ to 9ust allo1 his dri-er , assistant or brother to sign the deli-er' receipts, because %ali/ allegedl' had /an' other appoint/ents to attend to" :" ;s/ael
>>, infor/ing hi/ that the 3,845 bags of /il+ 1ere deli-ered to the consignee 2assan %ali/"
Dis&#ssio%
2assan %ali/ 1as the consignee na/ed in all the bills of lading , and 1hile he personall' attended the indi-idual ship/ents to N*C, together 1ith his subordinates, there 1ere ti/es 1hen he had to lea-e in order to attend to other appoint/ents alledgedl'" N*C and N%C failed to present 2assan %ali/ to den' these allegations" &tt'" ?regorio the second 1itness for the plainti! testied that on @ebruar' 4, 4>>0, the da' before %ali/.s resignation he tal+ed to %ali/ about the /issin cargoes and that the latter 1as reluctant to ans1er" Ah' 1as %ali/ reluctant to ans1er 1hen he 1as the person responsible for the goods, being the consignee and the Branch %uper-isor of N*C" &fter @ebuar' , 4>>0, ?regorio ne-er sa1 %ali/ an'/ore" %ali/.s a-oidance of further in-estigation and his resignation fro/ N*C are e-idence of his guilt" @urther/ore 1h' 1as %ali/ allo1ed to resign &nd 1h' 1as he not included as a part' defendant in this case so that the plainti!s could ha-e reco-ered da/ages fro/ hi/ *he Plainti!s ha-e failed to pro-e their cause of action b' clear preponderance of e-idence" 2ence, their co/plaint /ust be dis/issed" *he defendant.s counter$clai/ is 9ustied"
A2R@7R, 9udg/ent is rendered in fa-or of the defendant, plainti!.s co/plaint is dis/issed and is ordered to pa' defendant P3>,>>> for da/ages and P:>,>>> for attorne'.s fees"
%7 7RDRD anila, a' 05, 4>>5"
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