De Guzman vs CA and Cendana FACTS: Ernesto Cendana, junk dealer Bring scrap metal from Pangasinan to Manila 2 six-wheeler

ler trucks From Manila to Pangasinan he would load his vehicles with cargo from various merchants His freight rates are lower than regular commercial rates November 1070 De Guzman contracted Cendana to load 750 carton of Liberty filled milk from Makati to Urdaneta on or before December 4 December 1 loading of 150 cartons of milk to the truck driven by Cendana, 600 on the truck driven by Manuel Estrada Only 150 reached de Guzman because the other truck was hijacked in Paniqui, Tarlac January 6, 1971 case filed, CFI Pangasinan Demanded payment of Php 22,150, the claimed value of lost merchandise + damages + attorneys fees De Guzman: Cendana is a common carrier and failed to exercise extraordinary diligence Cendana: He is not a common carrier and cannot be held liable due to force majeure CFI: Cendana is a common carrier and was asked to pay Php 22, 150.00 + 4k as damages and 2k as attorneys fees. CA: reversed decision, return of loads as casual occupation

ISSUE: WON Cendana is a common carrier? HELD: YES It appears to the Court that private respondent is properly characterized as a common carrier even though he merely "back-hauled" goods for other merchants from Manila to Pangasinan, although such back-hauling was done on a periodic or occasional rather than regular or scheduled manner, and even though private respondent's principal occupation was not the carriage of goods for others. There is no dispute that private respondent charged his customers a fee for hauling their goods; that fee frequently fell below commercial freight rates is not relevant here. A certificate of public convenience is not a requisite for the incurring of liability under the Civil Code provisions governing common carriers. That liability arises the moment a person or firm acts as a common carrier, without regard to whether or not such carrier has also complied with the requirements of the applicable regulatory statute and implementing regulations and has been granted a certificate of public convenience or other franchise