Diorella Velasquez

Republic of the Philippines

National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 86, Manila
NATIONAL SUPPLIES AUTHORITY
AND NATIONAL TRUCKING
AUTHORITY,
Plaintiffs,
Civil Case No. 62709
-versusALLIED SHIPPING CORP.,
Defendant.
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DECISION

Plaintiff National Supplies Authority(NSA) and National Trucking

Corporation filed this action against Allied Shipping Corporation for the
alleged breach of contract of carriage, for failing to deliver NSAs bags
of non-fat dried milk.

Evidence for the Plaintif

At the pre-trail the parties stipulated the following facts.

1. NSC Manager, Vicente Tuason testified that theyve engaged the

services of National Trucking Corporation (NTC). NSC sent the bill
of lading to NTCs Hassan Salim. Salim would then present a copy
of the bill of lading to NTC for release of the commodities

2. Salim reported the non-delivery of the commodities under the bill

of lading.

3. A shipment of 5,824 bags of non-fat milk was reported lost; Salim

claimed that he did not withdraw the goods from Allied Shipping;
however A representative from Allied Shipping insisted that the
goods were withdrawn by Salim.

4. That the signature on the receipt did not match Salims

signature.

Evidence of Defendants

5. Ricardo Samson , a delivery checker from Jose Razon Shipping

Agency, who does delivery for NTC, confirmed that they made
deliveries from October to December 1999 to Hassan Salim,
however he claimed that the cargo receipts have been lost.

6. Samson also testified that Salim told them to just allow his driver
, assistant or brother to sign the delivery receipts, because Salim
allegedly had many other appointments to attend to.
7. Ismael Zamora also testitifed that as a delivery checker, he
delivered the cargoes to Hassan Salim, and that the person who
received the cargo shipment signed the delivery receipt and that
some were signed by his subordinates.
8. Allied Shipping though Atty. Ariel Luna sent a reply to NTC dated
April 26, 2000, informing him that the 5,824 bags of milk were
delivered to the consignee Hassan Salim.

Discussion

Hassan Salim was the consignee named in all the bills of lading ,
and while he personally attended the individual shipments to NTC,
together with his subordinates, there were times when he had to leave
in order to attend to other appointments alledgedly. NTC and NSC
failed to present Hassan Salim to deny these allegations.
Atty. Gregorio the second witness for the plaintiff testified that on
February 2, 2001, the day before Salims resignation he talked to Salim
about the missin cargoes and that the latter was reluctant to answer.
Why was Salim reluctant to answer when he was the person
responsible for the goods, being the consignee and the Branch
Supervisor of NTC. After Febuary 3, 2001, Gregorio never saw Salim
anymore. Salims avoidance of further investigation and his resignation
from NTC are evidence of his guilt.
Furthermore why was Salim allowed to resign? And why was he
not included as a party defendant in this case so that the plaintiffs
could have recovered damages from him?
The Plaintiffs have failed to prove their cause of action by clear
preponderance of evidence. Hence, their complaint must be dismissed.
The defendants counter-claim is justified.

WHEREFORE, judgment is rendered in favor of the defendant,

plaintiffs complaint is dismissed and is ordered to pay defendant
P50,000 for damages and P70,000 for attorneys fees.

SO ORDERED
Manila, May 14, 2004.