QUICKY DIGEST: Torres vs. FEB

TORRES-MADRID BROKERAGE, INC., petitioner, vs. FEB MITSUI MARINE INSURANCE CO., INC. and BENJAMIN P. MANALASTAS, doing business under the name of BMT TRUCKING SERVICES, respondents. G.R. No. 194121. July 11, 2016.

  • Electronic Goods
  • A brokerage may be considered a common carrier if it also undertakes to deliver the goods for its customers. The law does not distinguish between one whose principal business activity is the carrying of goods and one who undertakes this task only as an ancillary activity.
  • Theft or the robbery of the goods is not considered a fortuitous event or a force majeure. a stipulation diminishing or dispensing with the common carrier's liability for acts committed by thieves or robbers who do not act with grave or irresistible threat, violence, or force is void under Article 1745 of the Civil Code for being contrary to public policy.
  • TMBI and BMT are not solidarily liable to Mitsui:
    • Culpa-contractual – The diligence of a good father of a family in the selection and supervision of their employees is not available
    • Culpa-aquiliana – Not available

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