Ganzon vs CA Ganzon v. CA (G.R. No.

L-48757)

Facts:

Tumambling contracted the services of Gazon to haul 305 tons of scrap irons from Bataan to the
Port of Manila on board the Lighter LCT Batman owned by the latter. Ganzon sent his lighter where it
docked the port of Mariveles. Tumambling delivered the scrap irons for loading that had started the
same day. Mayor Advincula arrived at the port demanding a shakedown on tumbling such that they
went on to a heated argument prompting the mayor to shot Tumabling.

After some time, the loading had resumed but acting Mayor Basilio together with three
policemen instructed Felomena Niza; the ship captain, to dump the scrap irons. The scrap irons then was
taken in to the custody of the Municipality of Mariveles.

Issue No. 1: Whether the scrap irons were unconditionally put into the custody of Ganzon for him to
exercise extraordinary responsibility.

Held

Yes. By the said act of delivery, the scraps were unconditionally placed in the possession and
control of the common carrier, and upon their receipt by the carrier for transportation, the contract of
carriage was deemed perfected. Consequently, the petitioner-carrier's extraordinary responsibility for
the loss, destruction or deterioration of the goods commenced. Pursuant to Art. 1736, such
extraordinary responsibility would cease only upon the delivery, actual or constructive, by the carrier to
the consignee, or to the person who has a right to receive them. The fact that part of the shipment had
not been loaded on board the lighter did not impair the said contract of transportation as the goods
remained in the custody and control of the carrier, albeit still unloaded.

Issue No. 2: Whether the loss of the scrap through the intervention of the Acting Mayor of the
municipality of Mariveles constitutes a Caso Furuito.

Held:

No. The intervention of the Acting Mayor does not constitute caso fortuito because Gazon failed
to show that such cause is one of the enumeration under Article 1734. His allegation that such order of
the acting Mayor is not tenable as the Court of Appeals found out that there are no evidences that the
Acting Mayor has the Authority to order the dumping of the scraps.