REPUBLIC OF THE PHILIPPINES

COURT OF APPEALS
Manila
FIFTH DIVISION

NATIONAL SUPPLIES AUTHORITY

and NATIONAL TRUCKING AUTHORITY
Plaintiff-Appellants,

CA GR No. XXXXX
-versus- Civil Case No. 62709
For: DAMAGES

ALLIED SHIPPING CORPORATION

Defendant-Appellee,
x - - - - - - - - - - - - - - - - - - - - - - - - -x

BRIEF FOR THE APPELLEE

Defendant-Appellee, ALLIED SHIPPING CORPORATION, through counsel, and
unto this Honorable Court respectfully submits the brief in answer to that of the
appellant.

TIMELINESS OF THE BRIEF

1. Appellee received the Appellant’s Brief on January 4, 2021. In accordance

with Section 8, Rule 44 of the Rules on Civil Procedure, the appellees
should file their appellee’s brief within forty-five (45) days from receipt of
the appellant's brief, or until February 18, 2021. Accordingly, this
Appellee’s Brief is timely filed;
 BRIEF STATEMENT OF THE CASE

2. Before the Honorable Court is an appeal from the Decision of Regional Trial
Court of Manila Branch 86 dismissing the action for the damages for the
alleged breach of contract of carriage.

3. On December 12, 2020, appellees received a copy of the Decision dated

May 14, 2008, the dispositive portion of the said Decision reads:

“WHEREFORE, judgement is hereby rendered in favor of

the defendant against the plaintiffs, dismissing the latter’s
complaint, and ordering the plaintiffs, pursuant to the
defendant’s counterclaims, to pay, jointly and solidarily, to the
defendant:

1. The actual damages in the amount of P50,000.00.

2. The attorney’s fees in the amount of P70,000.00 plus the
costs of suit.
SO ORDERED.”

The said Decision is attached hereto and marked as Annex “1”;

BRIEF STATEMENT OF FACTS

A summary of facts of the instant case relative to the defense of herein

defendants – appellees are as follows:

4. Appellants engaged the services of Appellee to ship commodities.

5. Appellants tasked and assigned Mr. Hassan Salim as a consignee and

receiver of the package.

6. Mr. Hassan Salim reported through telephone call the non-delivery of the
commodities.
 7. Atty. Gregorio Lantana conducted an investigation on the loss of the 5,824
bags if non-fat dried milk. It was claimed that ALLIED SHIPPING
CORPORATION already released the commodities to Mr. Hassan Salim but
could not produce a bill of lading containing the authentic signature of the
latter.

8. During the delivery date of April 26, 2004, Mr. Hassan Salim was no longer
connected with the NTC effective January 31, 2004.

ISSUES

Upon reading the Appellant’s Brief, it could be gathered that the following
issues are raised with respect to the appellees:

9. Whether Defendant-Appellee was able to deliver the cargo involved herein,

which it carried on board its vessel, to the consignee Mr. Hassan Salim of
plaintiff NTC in Zamboanga;

10. Whether or not Defendant-Appellee exercised the extraordinary diligence

required of common carriers in connection with the cargo subject matter of
this case;

11. Whether or not the Defendant-Appellee is liable to pay for actual,

exemplary and moral damages.

ARGUMENT

12. The honorable regional trial court did not make a mistake in finding that there
was no established evidence to prove the non-compliance to the non-delivery of
goods.

13. The appellants alleged that there was no delivery of goods that took place
because the assigned consignee, Mr. Salim did not sign the delivery receipt.
However, upon investigation, it was found that on the time of delivery, Mr. Salim
was no longer part of the company; there are also instances that Mr. left his post
and assigned one of his subordinates to receive the packages under his name.
Article 1736 of the Civil Code states that:
 “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.”

14. In the case at bar, Appellant failed to produce a clear preponderance of

evidence that there was no delivery of goods that took place.

PRAYER FOR RELIEF

WHEREFORE, premises considered, it is respectfully prayed of this

Honorable Court that it AFFIRM the Decision of the Regional Trial Court of
Manila, Branch 86, dated May 14, 2008 in Civil Case No. 62709.

Other relief, just and equitable, are also prayed for.

City of Manila, 30 January 2021

Atty. Juanita Dela Cruz

Counsel for Appellee

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:

ATTY. HWAN D. PHERA

Assistant Solicitor General
134 Amorsolo Street,
Legaspi Village, Makati City