Transportation Law

Saludo, Jr. vs. Court of Appeals

G.R. No. 95536; March 23, 1992; 207 SCRA 498

Facts:

Pomierski and Son Funeral Home, as shipper, brought the remains of Crispina Saludo to
Continental Mortuary Air Services (CMAS) with Maria Saludo as consignee. CMAS
thereafter booked the shipment with Philippine Airlines (PAL) through its agent Air Care
International wherein the requested routing was from Chicago to San Francisco on
board a Trans World Airlines (TWA) flight of October 27, from San Francisco to Manila
on board a PAL flight of October 27, and from Manila to Cebu on board a PAL flight on
October 28. Upon arriving in San Francisco, Maria learned that the shipment was on a
plane to Mexico City when the same was somehow switched with the other body at the
terminal.

Issue:

Whether PAL and TWA failed to exercise extraordinary diligence when the remains were
switched and/or misdelivered causing gross delay in its shipment to the Philippines.

Held:

No.

Extraordinary responsibility of common carriers begins from the time the goods are delivered to
the carrier and remains in full force and effect even when they are temporarily unloaded or
stored in transit, unless the shipper or owner exercises the right of stoppage in transitu, and
terminates only after the lapse of a reasonable time for the acceptance of the goods by the
consignee or such other person entitled to receive them. Further, there is delivery to the carrier
when the goods are ready for and have been placed in the exclusive possession, custody and
control of the carrier for the purpose of their immediate transportation and the carrier has
accepted them, where such delivery has thus been accepted by the carrier, the liability of the
common carrier commences eo instanti.

In this case, the switching occurred while the cargo was still with CMAS, well before the same
was placed in the possession, custody and control of respondents.

– abipasos –