ADVERTISEMENT
FIRST DIVISION
[G.R. No. 241315. January 16, 2019.]
UNITED TRANSPORT CARGO LOGISTICS, INC., petitioner,vs. PIONEER INSURANCE & SURETY CORPORATION, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJanuary 16, 2019 which reads as follows:
"G.R. No. 241315 (United Transport Cargo Logistics, Inc. v. Pioneer Insurance & Surety Corporation). — The petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
After review, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals committed any reversible error in its assailed Decision. The Decision found that the trial court properly acquired jurisdiction over the petitioner, and that the trial court correctly found petitioner negligent in the handling of the subject shipment, and therefore liable to respondent for the resulting loss.
Our jurisprudence is replete with cases that uphold the extraordinary diligence and vigilance expected of common carriers with respect to the safety of the goods and the passengers they transport. Common carriers are required to render service with the greatest skill and foresight in handling cargo tendered to them for shipment. 1 In case of deterioration or destruction of the shipment entrusted to them, common carriers, as a general rule, are presumed to have been at fault or negligent, unless they prove that they exercised extraordinary diligence in the transport of the same. The same presumption of fault not having been overcome by petitioner in this case, the finding of its liability must stand.
WHEREFORE, premises considered, the petition is DENIED. The assailed Decision dated November 23, 2017 and Resolution dated July 25, 2018 of the Court of Appeals in CA-G.R. CV No. 105412 are hereby AFFIRMED.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Philam Insurance Company, Inc. (now Chartis Philippines Insurance, Inc.) v. Heung-A Shipping Corporation, G.R. Nos. 187701 & 187812, July 23, 2014, 730 SCRA 512, 533.