Loadmasters vs Glodel and R&B Digest

G.R. No.179446: January 10, 2011

LOADMASTERS CUSTOMS SERVICES, INC. Petitioner vs. GLODEL BROKERAGE

CORPORATION and R&B INSURANCE CORPORATION Respondents

MENDOZA, J.:

FACTS: Columbia Wire and Cable Corporation (Columbia) insured a cargo of copper cathodes
through R&B Insurance Corporation (R&B). Columbia also engaged the services of Glodel
Brokerage Corporation (Glodel) for the transport of the cargo to Columbia facilities. Glodel then
engaged the services of Loadmasters Customs Services (Loadmasters) for the delivery of said
cargo to Columbia. Out of 12 trucks, owned by Loadmasters, used to deliver the cargo of
Columbia, only 11 made it to their respective destinations. /span>Columbia claimed the amount
of loss from R&B, which sued both Glodel and Loadmasters. The RTC ruled in favor of R&B, but
did not hold Loadmasters liable. Both R&B and Glodelappealed the judgement. The Court of
Appeals modified the decision of the RTC and ruled that Loadmasters, being the agent of Glodel,
is liable to Glodel for all the damages it might be required to pay.

ISSUES: Whether or not Loadmasters is an agent of Glodel, and whether or not it may be held
liable under the transaction between Glodel and Columbia.

HELD: Petition is partly meritorious

Civil Law: Glodel and Loadmasters are both common carriers, as they hold out their carriage
services to the public. As such, under the Civil Code, they are mandated to show extraordinary
diligence in the conduct of transport. In the case at bar, both Glodel and Loadmasters were
negligent as the cargo failed to reach its destination. Loadmasters failed to ensure that its
employees would not tamper with the cargo. Glodel failed to ensure that Loadmasters is
sufficiently capable of completing the delivery. Glodel and Loadmasters are therefore joint
tortfeasors and are solidarily liable to R&B Insurance.

Loadmasters cannot be considered an agent of Glodel. Loadmasters in no way represented itself

as such, and in the transfer of cargo, did not represent itself as doing such in behalf of Glodel. In
fact, Loadmasters is not privy to the agreement between Glodel and Columbia. It cannot be
considered an agent of Glodel, and cannot be held liable to Glodel.

Remedial Law: Though Glodel has, admittedly, a cause of action against Loadmasters, it has
effectively waived it by failing to raise the cross-claim. The rules of procedure states that
compulsory counterclaims and cross-claims not pleaded are deemed waived. They cannot be
raised for the first time on appeal.