A.F. Sanchez Brokerage, Inc. vs. Court of Appeals PDF

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VOL. 447, DECEMBER 21, 2004 427

A.F. Sanchez Brokerage, Inc. vs. Court of Appeals
*
G.R. No. 147079. December 21, 2004.
A.F. SANCHEZ BROKERAGE, INC., petitioner, vs. THE

HON. COURT OF APPEALS and FGU INSURANCE
CORPORATION, respondents.
Remedial Law; Certiorari; Appeals; The filing by petitioner of a

petition for certiorari on March 6, 2001 cannot serve as a substitute
for the lost remedy of appeal.—The Resolution of the Court of
Appeals dated December 8, 2000 denying the motion for
reconsideration of its Decision of August 10, 2000 was received by
petitioner on January 5, 2001. Since petitioner failed to appeal
within 15 days or on or before January 20, 2001, the appellate
court’s decision had become final and executory. The filing by
petitioner of a petition for certiorari on March 6, 2001 cannot serve
as a substitute for the lost remedy of appeal.
_______________
* THIRD DIVISION.
428
428 SUPREME COURT REPORTS ANNOTATED
Same; Same; Same; In a petition for certiorari, the petitioner

must prove not merely reversible error but also grave abuse of
discretion amounting to lack or excess of jurisdiction.—In another
vein, the rule is well settled that in a petition for certiorari, the
petitioner must prove not merely reversible error but also grave
abuse of discretion amounting to lack or excess of jurisdiction.
Same; Same; Same; What petitioner is ascribing is an error of
judgment, not of jurisdiction, which is properly the subject of an
ordinary appeal.—Petitioner alleges that the appellate court erred
central.com.ph/sfsreader/session/000001424834c0415ef673ae000a0082004500cc/t/?o=False 1/15
in reversing and setting aside the decision of the trial court based on
its finding that petitioner is liable for the damage to the cargo as a
common carrier. What petitioner is ascribing is an error of
judgment, not of jurisdiction, which is properly the subject of an
ordinary appeal.
Same; Same; Where the issue or question involves or affects the
wisdom or legal soundness of the decision—not the jurisdiction of
the court to render said decision—the same is beyond the province of
a petition for certiorari.—Where the issue or question involves or
affects the wisdom or legal soundness of the decision—not the
jurisdiction of the court to render said decision—the same is beyond
the province of a petition for certiorari. The supervisory jurisdiction
of this Court to issue a cert writ cannot be exercised in order to
review the judgment of lower courts as to its intrinsic correctness,
either upon the law or the facts of the case.
Civil Law; Common Carriers; Appellate court did not err in
finding petitioner, a customs broker, to be also a common carrier, as
defined under Article 1732 of the Civil Code.—The appellate court
did not err in finding petitioner, a customs broker, to be also a
common carrier, as defined under Article 1732 of the Civil Code, to
wit: Art. 1732. Common carriers are persons, corporations, firms or
associations engaged in the business of carrying or transporting
passengers or goods or both, by land, water, or air, for
compensation, offering their services to the public.
Same; Same; Article 1732 does not distinguish between one
whose principal business activity is the carrying of goods and one
who does such carrying only as an ancillary activity.—Article 1732
does not distinguish between one whose principal business activity
is the carrying of goods and one who does such carrying only as an
429
VOL. 447, DECEMBER 21, 2004 429
ancillary activity. The contention, therefore, of petitioner that it is

not a common carrier but a customs broker whose principal function
is to prepare the correct customs declaration and proper shipping
documents as required by law is bereft of merit. It suffices that
petitioner undertakes to deliver the goods for pecuniary
consideration.
Same; Same; Petitioner as a common carrier is mandated to
observe, under Article 1733 of the Civil Code, extraordinary
diligence in the vigilance over the goods it transports according to
all the circumstances of each case.—Petitioner as a common carrier
is mandated to observe, under Article 1733 of the Civil Code,

extraordinary diligence in the vigilance over the goods it transports
according to all the circumstances of each case. In the event that the
goods are lost, destroyed or deteriorated, it is presumed to have been
at fault or to have acted negligently, unless it proves that it
observed extraordinary diligence.
Same; Same; The rule is that if the improper packing is known
to the carrier or his employees or is apparent upon ordinary
observation, but he nevertheless accepts the same without protest or
exception notwithstanding such condition, he is not relieved of
liability for the resulting damage.—While paragraph No. 4 of
Article 1734 of the Civil Code exempts a common carrier from
liability if the loss or damage is due to the character of the goods or
defects in the packing or in the containers, the rule is that if the
improper packing is known to the carrier or his employees or is
apparent upon ordinary observation, but he nevertheless accepts
the same without protest or exception notwithstanding such
condition, he is not relieved of liability for the resulting damage.
PETITION for review on certiorari of a decision of the Court

of Appeals.
The facts are stated in the opinion of the Court.

Bonifacio Aranjuez for petitioner.
Astorga and Repol Law Office for respondent.
430

CARPIO-MORALES, J.:
Before this Court

1
on a petition for Certiorari is the appellate
court’s Decision of August 10, 2000 reversing and setting
aside the judgment of Branch 133, Regional Trial Court of
Makati City, in Civil Case No. 93-76B which dismissed the
complaint of respondent FGU Insurance Corporation (FGU
Insurance) against petitioner A.F. Sanchez Brokerage, Inc.
(Sanchez Brokerage).
On July 8, 1992, Wyeth-Pharma GMBH shipped on
board an aircraft of KLM Royal Dutch Airlines at
Dusseldorf, Germany oral contraceptives consisting of
86,800 Blisters Femenal tablets, 14,000 Blisters Nordiol
tablets and 42,000 Blisters Trinordiol tablets for delivery to
Manila in favor 2
of the consignee, Wyeth-Suaco
Laboratories, Inc. The Femenal tablets were placed in 124
cartons and the Nordiol tablets were placed in 20 cartons
which were packed together in one (1) LD3 aluminum

container, while the Trinordial tablets were 3
packed in two
pallets, each of which contained 30 cartons.
Wyeth-Suaco insured the shipment against all risks with
FGU Insurance which issued Marine Risk 4
Note No. 4995
pursuant to Marine Open Policy No. 138.
Upon arrival of the shipment on July 11, 1992 5
at the
Ninoy Aquino International Airport 6
(NAIA), it was
discharged “without exception” and delivered to the
warehouse of the Philippine Skylanders,
7
Inc. (PSI) located
also at the NAIA for safekeeping.
_______________
1 Rollo at pp. 22-43.

2 Records of the Regional Trial Court at pp. 92, 94-95.
3 Id.,at p. 93.
4 Id.,at pp. 96-99.
5 TSN, November 10, 1994 at p. 16.
6 Records at p. 35.
7 Rollo at p. 18.
431
VOL. 447, DECEMBER 21, 2004 431

In order to secure the release of the cargoes from the PSI

and the Bureau of Customs, Wyeth-Suaco engaged the
services of Sanchez Brokerage
8
which had been its licensed
broker since 1984. As its customs broker, Sanchez
Brokerage calculates and pays the customs duties, taxes
and storage fees
9
for the cargo and thereafter delivers it to
Wyeth-Suaco.
On July 29, 1992, Mitzi Morales and Ernesto Mendoza,
representatives of Sanchez Brokerage, paid PSI storage fee
amounting to10P8,572.35 a receipt for which, Official Receipt
No. 016992, was issued. On the receipt, another 11
representative of Sanchez Brokerage, M. Sison,
acknowledged that he received12 the cargoes consisting of
three pieces in good condition.
Wyeth-Suaco being a regular importer, 13
the customs
examiner did not inspect the cargoes which 14 were
thereupon stripped from the aluminum containers and
loaded inside
15
two transport vehicles hired by Sanchez
Brokerage.
Among those who witnessed the release of the cargoes
from the PSI warehouse were Ruben Alonso and Tony
16
Akas, employees of Elite Adjusters and Surveyors Inc.
(Elite Surveyors), a marine and cargo surveyor and
insurance claim adjusters firm engaged by Wyeth-Suaco on
behalf of FGU Insurance.
Upon instructions of Wyeth-Suaco, the cargoes were
delivered to Hizon Laboratories Inc. in Antipolo City for
quality
_______________

9 Id.,at p. 9.
10 Records at p. 132.
11 Rolloat p. 23.
13 TSN, January 10, 1995 at p. 5.
14 TSN, November 10, 1994 at p. 15, T.S.N. January 10, 1995 at pp.
6-7.
15 Rolloat p. 23.
16 TSN, March 24, 1994 at p. 12.
432

17
control check. The delivery receipt, bearing No. 07037
dated July 29, 1992, indicated that the delivery consisted of
one container with 144 cartons 18
of Femenal and Nordiol and
1 pallet containing Trinordiol.
On July 31, 1992, Ronnie Likas, a representative of
Wyeth-Suaco, acknowledged the delivery of the cargoes 19
by
affixing his signature on the delivery receipt. Upon
inspection, however, he, together with Ruben Alonzo of
Elite Surveyors, discovered that 44 cartons containing
20
Femenal and Nordiol tablets were in bad order. He thus
placed a note above his signature on the delivery receipt
stating that 44 cartons of oral contraceptives were in bad
order. The remaining 160 cartons of oral contraceptives
were accepted as complete and in good order.
Ruben Alonzo thus prepared 21
and signed, along with
Ronnie Likas, a survey report dated July 31, 1992 stating
that 41 cartons of Femenal 22
tablets and 3 cartons of Nordiol
tablets were “wetted” (sic).
The Elite
23
Surveyors later issued Certificate No. CS-0731-
1538/92 attached to which was an “Annexed Schedule”
whereon it was indicated that prior to the loading of the
cargoes to the broker’s trucks at the NAIA, they were
24
inspected and found to be in “apparent good condition.”
Also noted was that at the time of delivery to the warehouse
of Hizon Laboratories Inc., slight to heavy rains fell, which
could account for the
25
wetting of the 44 cartons of Femenal
and Nordiol tablets.
_______________
17 Id.,at p. 17.
19 TSN, March 24, 1994 at pp. 26-27.
21 Ibid.
22 Ibid.
23 Id.,at pp. 34-36.
24 Id.,at p. 36.
25 Id.,at pp. 35-36.
433
VOL. 447, DECEMBER 21, 2004 433

On August 4, 1992, 26
the Hizon Laboratories Inc. issued a
Destruction Report confirming that 38 x 700 blister packs
of Femenal tablets, 3 x 700 blister packs of Femenal tablets
and 3 x 700 blister packs of Nordiol tablets were heavily
damaged with water and emitted foul smell.
On August 5, 1992,27
Wyeth-Suaco issued a Notice of
Materials Rejection of 38 cartons of Femenal and 3 cartons
of Nordiol on the ground that they were “delivered to Hizon
Laboratories with heavy water damaged (sic) causing the
cartons to sagged28
(sic) emitting a foul order and easily
attracted flies.” 29
Wyeth-Suaco later demanded, by letter of August 25,
1992, from Sanchez Brokerage the payment of P191,384.25
representing the value of its loss arising from the damaged
tablets.
As the Sanchez Brokerage refused to heed the demand,
Wyeth-Suaco filed an insurance claim against FGU
Insurance which paid Wyeth-Suaco the amount of
P181,431.49 in settlement of its claim under Marine Risk
Note Number 4995. 30
Wyeth-Suaco thus issued Subrogation Receipt in favor
of FGU Insurance.
On demand by FGU Insurance for payment of the
amount of P181,431.49 31
it paid Wyeth-Suaco, Sanchez
Brokerage, by letter of January 7, 1993, disclaimed
liability for the damaged goods, positing that the damage

was due to improper and insufficient export packaging; that
when the sealed containers were opened outside the PSI
warehouse, 32
it was discovered that some of the loose cartons
were wet, prompting
_______________
26 Id.,at p. 37.
27 Id.,at pp. 38-39.
28 Ibid.
29 Id.,at p. 40.
30 Id.,at p. 109.
31 Id.,at pp. 134-135.
32 Id.,at p. 134.
434

its (Sanchez Brokerage’s) representative Morales to inform

the Import-Export Assistant of Wyeth-Suaco, Ramir
Calicdan, about the condition of the cargoes but that the
latter advised to still deliver them to Hizon 33
Laboratories
where an adjuster would assess the damage.
Hence, the filing by FGU Insurance of a complaint for
damages before the Regional Trial Court of Makati City
against the Sanchez Brokerage. 34
The trial court, by Decision of July 29, 1996, dismissed
the complaint, holding that the Survey Report prepared by
the Elite Surveyors is bereft of any
35
evidentiary support and
a mere product of pure guesswork.
On appeal, the appellate court reversed the decision of
the trial court, it holding that the Sanchez Brokerage
engaged not only in the business of customs brokerage but
also in the transportation and delivery of the cargo of its
clients, hence, a common carrier36 within the context of
Article 1732 of the New Civil Code.
Noting that Wyeth-Suaco adduced evidence that the
cargoes were delivered to petitioner in good order and
condition but were in a damaged state when delivered to
Wyeth-Suaco, the appellate court held that Sanchez
Brokerage is presumed negligent and upon it rested the
burden of proving that it exercised extraordinary
negligence not only in instances when negligence is directly
proven but also in those cases
37
when the cause of the damage
is not known or unknown.
The appellate court thus disposed:
“IN THE LIGHT OF ALL THE FOREGOING, the appeal of the

Appellant is GRANTED. The Decision of the Court a quo is RE-
_______________
33 TSN, January 10, 1995 at pp. 8-9.

34 Rolloat pp. 18-20.
35 Id.,at p. 19.
36 Id.,at p. 29.
37 Id.,at pp. 31-32.
435
VOL. 447, DECEMBER 21, 2004 435

VERSED. Another Decision is hereby rendered in favor of the

Appellant and against the Appellee as follows:
1. The Appellee is hereby ordered to pay the Appellant the

principal amount of P181, 431.49, with interest thereupon
at the rate of 6% per annum, from the date of the Decision
of the Court, until the said amount is paid in full;
2. The Appellee is hereby ordered to pay to the Appellant the
amount of P20,000.00 as and by way of attorney’s fees; and
38
3. The counterclaims of the Appellee are DISMISSED.”
Sanchez Brokerage’s Motion for Reconsideration having

been denied by the appellate court’s Resolution of December
8, 2000 which was received by petitioner on January 5,
2001, it comes to this Court on petition for certiorari filed on
March 6, 2001.
In the main, petitioner asserts that the appellate court
committed grave and reversible error tantamount to abuse
of discretion when it found petitioner a “common carrier”
within the context of Article 1732 of the New Civil Code.
Respondent FGU Insurance avers in its Comment that
the proper course of action which petitioner should have
taken was to file a petition for review on certiorari since the
sole office of a writ of certiorari is the correction of errors of
jurisdiction including the commission of grave abuse of
discretion amounting to lack or excess of jurisdiction and
does not include correction of the appellate court’s
evaluation of the evidence and factual findings thereon.
On the merits, respondent FGU Insurance contends that
petitioner, as a common carrier, failed to overcome the
presumption of negligence, it being documented that
petitioner withdrew from the warehouse of PSI 39

the subject
shipment entirely in good order and condition.
_______________
38 Id.,at p. 42.
39 Id.,at p. 51.
436

The petition fails.

Rule 45 is clear that decisions, final orders or resolutions
of the Court of Appeals in any case, i.e., regardless of the
nature of the action or proceedings involved, may be
appealed to this Court by filing a petition for review, which
would be but a continuation
40
of the appellate process over
the original case.
The Resolution of the Court of Appeals dated December
8, 2000 denying the motion for reconsideration of its
Decision of August 10, 2000 was received by petitioner on
January 5, 2001. Since petitioner failed to appeal within 15
days or on or before January 20, 2001, the appellate court’s
decision had become final and executory. The filing by
petitioner of a petition for certiorari on March 6, 2001
cannot serve as a substitute for the lost remedy of appeal.
In another vein, the rule is well settled that in a petition
for certiorari, the petitioner must prove not merely
reversible error but also grave abuse of discretion
amounting to lack or excess of jurisdiction.
Petitioner alleges that the appellate court erred in
reversing and setting aside the decision of the trial court
based on its finding that petitioner is liable for the damage
to the cargo as a common carrier. What petitioner is
ascribing is an error of judgment, not of jurisdiction, which
is properly the subject of an ordinary appeal.
Where the issue or question involves or affects the
wisdom or legal soundness of the decision—not the
jurisdiction of the court to render said decision—the same
41
is
beyond the province of a petition for certiorari. The
supervisory jurisdiction of this Court to issue a cert writ
cannot be exercised in order
_______________
40 Heirs of Marcelino Pagobo v. Court of Appeals, 280 SCRA 870, 883
(1997).
41 Land Bank of the Philippines v. Court of Appeals, 409 SCRA 455,
482 (2003).
437
VOL. 447, DECEMBER 21, 2004 437

to review the judgment of lower courts as to its intrinsic 42

correctness, either upon the law or the facts of the case.
Procedural technicalities aside, the petition still fails.
The appellate court did not err in finding petitioner, a
customs broker, to be also a common carrier, as defined
under Article 1732 of the Civil Code, to wit:
“Art. 1732. Common carriers are persons, corporations, firms or

associations engaged in the business of carrying or transporting
passengers or goods or both, by land, water, or air, for
compensation, offering their services to the public.”
Anacleto F. Sanchez, Jr., the Manager and Principal Broker

of Sanchez Brokerage, himself testified that the services the
firm offers include the delivery of goods to the warehouse of
the consignee or importer.
ATTY. FLORES:
Q: What are the functions of these license brokers, license
customs broker?
WITNESS:
As customs broker, we calculate the taxes that has to be
paid in cargos, and those upon approval of the importer,
we prepare the entry together for processing and claims
from customs and finally deliver
43
the goods to the
warehouse of the importer.
Article 1732 does not distinguish between one whose

principal business activity is the carrying of goods and44
one
who does such carrying only as an ancillary activity. The
contention, therefore, of petitioner that it is not a common
carrier but a customs broker whose principal function is to
prepare the correct customs declaration and proper shipping
documents as required by law is bereft of merit. It suffices
that
_______________
42 Id.,atpp.482-483.

44 De Guzman v. Court of Appeals, 168 SCRA 612, 617 (1988).
438

petitioner undertakes to deliver the goods for pecuniary

consideration.
In this light, petitioner as a common
45
carrier is mandated
to observe, under Article 1733 of the Civil Code,
extraordinary diligence in the vigilance over the goods it
transports according to all the circumstances of each case.
In the event that the goods are lost, destroyed or
deteriorated, it is presumed to have been at fault or to have
acted negligently, unless 46
it proves that it observed
extraordinary diligence.
The concept of “extra-ordinary diligence”
47
was explained
in Compania Maritima v. Court of Appeals:
The extraordinary diligence in the vigilance over the goods tendered

for shipment requires the common carrier to know and to follow the
required precaution for avoiding damage to, or destruction of the
goods entrusted to it for sale, carriage and delivery. It requires
common carriers to render service with the greatest skill and
foresight and “to use all reasonable means to ascertain the nature
and characteristics of goods tendered for shipment, and to exercise
due care in the handling and stowage, including such methods as
48
their nature requires.”
In the case at bar, it was established that petitioner received

the cargoes from the PSI warehouse in NAIA in good
_______________
45 Art. 1733. Common carriers, from the nature of their business and
for reasons of public policy, are bound to observe extraordinary
diligence in the vigilance over the goods and for the safety of the
passengers transported by them, according to all the circumstances of
each case.
xxx
46 Art. 1735. In all cases other than those mentioned in Nos. 1, 2, 3,
4, and 5 of the preceding article, if the goods are lost, destroyed or
deteriorated, common carriers are presumed to have been at fault or to
have acted negligently, unless they prove that they observed
extraordinary diligence as required on Article 1733.
47 164 SCRA 685 (1988).
48 Id., at p. 692.
439
VOL. 447, DECEMBER 21, 2004 439

49
order and condition; and that upon delivery by petitioner
to Hizon Laboratories Inc., some of the cargoes were 50
found
to be in bad order, as noted in the Delivery Receipt issued
by petitioner,
51
and as indicated in the Survey Report of Elite
Surveyors and52 the Destruction Report of Hizon
Laboratories, Inc.
In an attempt to free itself from responsibility for the
damage to the goods, petitioner posits that they were
damaged due to the fault or negligence of the shipper for
failing to properly pack them 53
and to the inherent
characteristics of the goods; and that it should not be
faulted for following the instructions of Calicdan of Wyeth-
Suaco to proceed with the delivery despite information
conveyed to the latter that some of the cartons, on
examination
54
outside the PSI warehouse, were found to be
wet. 55
While paragraph No. 4 of Article 1734 of the Civil Code
exempts a common carrier from liability if the loss or
damage is due to the character of the goods or defects in the
packing or in the containers, the rule is that if the improper
packing is known to the carrier or his employees or is
apparent upon ordinary observation, but he nevertheless
accepts the same without protest or exception
notwithstanding such condition,56 he is not relieved of
liability for the resulting damage.
_______________
50 Id.,at p. 32.
51 Id.,at pp. 102-104.
52 Id.,at pp. 105-107.
53 Rolloat p. 10.
54 Id.,at p. 9.
55 Art. 1734. Common carriers are responsible for the loss,
destruction, or deterioration of the goods, unless the same is due to any
of the following causes only:
xxx
(4) The character of the goods or defects in the packing or in the containers;
56 Calvo v. UCPB General Insurance Co., Inc., 379 SCRA 510, 520
(2002).
440

If the claim of petitioner that some of the cartons were

already damaged upon delivery to it were true, then it
should naturally have received the cargo under protest or
with reservations duly noted on the receipt 57
issued by PSI.
But it made no such protest or reservation.
Moreover, as observed by the appellate court, if indeed
petitioner’s employees only examined the cargoes outside
the PSI warehouse and found some to be wet, they would
certainly have gone back to PSI, showed to the
warehouseman the damage, and demanded then and there
for Bad 58
Order documents or a certification confirming the
damage. Or, petitioner would have presented, as witness,
the employees of the PSI from whom Morales and Domingo
took delivery of the cargo to prove that, indeed, part of the
cargoes was already damaged when 59the container was
allegedly opened outside the warehouse.
Petitioner goes on to posit that contrary to the report of
Elite Surveyors, no rain fell that day. Instead, it asserts that
some of the cargoes were already wet on delivery by PSI
outside the PSI warehouse but such notwithstanding
Calicdan directed Morales to proceed with the delivery to
Hizon Laboratories, Inc.
While Calicdan testified that he received the purported
telephone call of Morales on July 29, 1992, he failed to
specifically declare what time he received the call. As to
whether the call was made at the PSI warehouse when the
shipment was stripped from the airport containers, or when
the cargoes were already in transit to Antipolo, it is not
determinable. Aside from that phone call, petitioner
admitted that it had no documentary evidence to prove that
at the time it received the 60cargoes, a part of it was wet,
damaged or in bad condition.
_______________
57 Rollo at p. 34.
58 Id.,at p. 36.
59 Ibid.
60 TSN, December 2, 1994 at p. 25.
441
VOL. 447, DECEMBER 21, 2004 441


61
The 4-page weather data furnished by PAGASA on
request of Sanchez Brokerage hardly impresses, no witness
having identified it and interpreted the technical terms
thereof.
The possibility on the other hand that, as found by Hizon
Laboratories, Inc., the oral contraceptives were damaged by
rainwater while in transit to Antipolo City is more likely
then. Sanchez himself testified that in the past, there was a
similar instance when the shipment of Wyeth-Suaco was
also found to be wet by rain.
ATTY. FLORES:
Q: Was there any instance that a shipment of this nature,
oral contraceptives, that arrived at the NAIA were
damaged and claimed by the Wyeth-Suaco without any
question?
WITNESS:
A: Yes sir, there was an instance that one cartoon (sic)
were wetted (sic) but Wyeth-Suaco did not claim
anything against us.
ATTY. FLORES:
Q: HOW IS IT?
WITNESS:
A: We experienced, there was a time that we experienced
that there was a cartoon (sic) wetted (sic) up to62 the
bottom are wet specially during rainy season.
Since petitioner received all the cargoes in good order and

condition at the time they were turned over by the PSI
warehouseman, and upon their delivery to Hizon
Laboratories, Inc. a portion thereof was found to be in bad
order, it was incumbent on petitioner to prove that it
exercised extraordinary diligence in the carriage of the
goods. It did not, however.
_______________
61 Exh. “1-A”, Records at pp. 127-131.

62 T.S.N. November 10, 1994 at p. 19.
442

Philippine School of Business Administration- Quezon City
vs. Tolentino-Genilo
Hence, its presumed negligence under Article 1735 of the

Civil Code remains unrebutted.
WHEREFORE, the August 10, 2000 Decision of the
Court of Appeals is hereby AFFIRMED.
Costs against petitioner.
SO ORDERED.
Panganiban (Chairman), Sandoval-Gutierrez and

Garcia, JJ., concur.
Corona, J., On Leave.
Judgment affirmed.
Note.—Certiorari is not a substitute for lost appeal. (Ong

vs. Court of Appeals, 356 SCRA 768 [2001])
——o0o——
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VOL. 447, DECEMBER 21, 2004 427

A.F. SANCHEZ BROKERAGE, INC., petitioner, vs. THE

Remedial Law; Certiorari; Appeals; The filing by petitioner of a

428 SUPREME COURT REPORTS ANNOTATED

A.F. Sanchez Brokerage, Inc. vs. Court of Appeals

Same; Same; Same; In a petition for certiorari, the petitioner

VOL. 447, DECEMBER 21, 2004 429

A.F. Sanchez Brokerage, Inc. vs. Court of Appeals

ancillary activity. The contention, therefore, of petitioner that it is

is mandated to observe, under Article 1733 of the Civil Code,

PETITION for review on certiorari of a decision of the Court

The facts are stated in the opinion of the Court.

430 SUPREME COURT REPORTS ANNOTATED

Before this Court

which were packed together in one (1) LD3 aluminum

1 Rollo at pp. 22-­43.

VOL. 447, DECEMBER 21, 2004 431

In order to secure the release of the cargoes from the PSI

8 TSN, November 10, 1994 at p. 10.

432 SUPREME COURT REPORTS ANNOTATED

VOL. 447, DECEMBER 21, 2004 433

liability for the damaged goods, positing that the damage

434 SUPREME COURT REPORTS ANNOTATED

its (Sanchez Brokerage’s) representative Morales to inform

The appellate court thus disposed:

“IN THE LIGHT OF ALL THE FOREGOING, the appeal of the

33 TSN, January 10, 1995 at pp. 8-­9.

VOL. 447, DECEMBER 21, 2004 435

VERSED. Another Decision is hereby rendered in favor of the

1. The Appellee is hereby ordered to pay the Appellant the

Sanchez Brokerage’s Motion for Reconsideration having

petitioner withdrew from the warehouse of PSI 39

436 SUPREME COURT REPORTS ANNOTATED

The petition fails.

40 Heirs of Marcelino Pagobo v. Court of Appeals, 280 SCRA 870, 883

VOL. 447, DECEMBER 21, 2004 437

to review the judgment of lower courts as to its intrinsic 42

“Art. 1732. Common carriers are persons, corporations, firms or

Anacleto F. Sanchez, Jr., the Manager and Principal Broker

Article 1732 does not distinguish between one whose

43 TSN, November 10, 1994 at p. 9.

438 SUPREME COURT REPORTS ANNOTATED

petitioner undertakes to deliver the goods for pecuniary

The extraordinary diligence in the vigilance over the goods tendered

In the case at bar, it was established that petitioner received

VOL. 447, DECEMBER 21, 2004 439

440 SUPREME COURT REPORTS ANNOTATED

If the claim of petitioner that some of the cartons were

VOL. 447, DECEMBER 21, 2004 441

A.F. Sanchez Brokerage, Inc. vs. Court of Appeals

Since petitioner received all the cargoes in good order and

61 Exh. “1-­A”, Records at pp. 127-­131.

442 SUPREME COURT REPORTS ANNOTATED

Hence, its presumed negligence under Article 1735 of the

Panganiban (Chairman), Sandoval-­Gutierrez and

Note.—Certiorari is not a substitute for lost appeal. (Ong

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1 Rollo at pp. 22-43.

33 TSN, January 10, 1995 at pp. 8-9.

61 Exh. “1-A”, Records at pp. 127-131.

Panganiban (Chairman), Sandoval-Gutierrez and