ANICETO G. SALUDO, JR., MARIA SALVACION SALUDO, LEOPOLDO G.

SALUDO and SATURNINO G. SALUDO vs. HON. COURT OF APPEALS, TRANS

WORLD AIRLINES, INC., and PHILIPPINE AIRLINES, INC.
G.R. No. 95536, March 23, 1992
REGALADO, J.

FACTS: Aniceto Saludo et al., are children of the deceased Crispina Saludo who
died in Chicago Illinois. For the shipment of Crispina’s remains to the
Philippines, the funeral home brought the casket to Continental Mortuary Air
Services (CMAS) at the airport which booked the shipment with PAL. However, it
was found out that the remains were booked with Trans World Airlines (TWA)
which mistakenly shipped the remains to another country instead of the
Philippines. With that, Ancieto and his siblings filed an action for damages
against PAL and TWA for the mis delivery and delay in the delivery of the casketed
remains of their mother. PAL and TWA denied liabilityAncieto et al argued that
the issuance of a bill of lading carries the presumption that the goods were
delivered to the carrier issuing the bill, for immediate shipment, and it is nowhere
questioned that a bill of lading is prima facie evidence of the receipt of the goods
by the carrier. . . . In the absence of convincing testimony establishing mistake,
recitals in the bill of lading showing that the carrier received the goods for
shipment on a specified date control. Hence, the mis delivery of the casket is PAL
and TWA’s liability.

ISSUE: Whether PAL and TWA are liable.

RULING: YES.