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Saludo Vs Ca

Pomierski Funeral Home arranged for the remains of the Saludo family's mother to be transported from Chicago to the Philippines by Continental Mortuary Air Services (CMAS) and Philippine Airlines (PAL). However, when the Saludos arrived in San Francisco to connect to their flight to Manila, they discovered their mother's remains were not on board. It was later determined the remains were misplaced in Mexico City after two bodies were switched at the airport terminal. PAL delivered the remains to the Philippines a day late. The Saludos filed a complaint against PAL, but both the trial court and appellate court ruled in favor of PAL, finding no fault on their part. The Supreme Court affirmed, noting

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Marivic Asilo Zacarias-Lozano
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76 views1 page

Saludo Vs Ca

Pomierski Funeral Home arranged for the remains of the Saludo family's mother to be transported from Chicago to the Philippines by Continental Mortuary Air Services (CMAS) and Philippine Airlines (PAL). However, when the Saludos arrived in San Francisco to connect to their flight to Manila, they discovered their mother's remains were not on board. It was later determined the remains were misplaced in Mexico City after two bodies were switched at the airport terminal. PAL delivered the remains to the Philippines a day late. The Saludos filed a complaint against PAL, but both the trial court and appellate court ruled in favor of PAL, finding no fault on their part. The Supreme Court affirmed, noting

Uploaded by

Marivic Asilo Zacarias-Lozano
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd

LOZANO, MARIVIC ZACARIAS

Transportation

SEPT. 17, 2015


Atty. Bundac

SALUDO VS CA
G.R No. 95536, March 23, 1992
Facts: The petitioner Saludos after the death of their mother on Oct. 23, 1976 hired
Pomierski and Sons Funeral Home of Chicago to make the necessary arrangement to bring
the remains of their mother to the Philippines. Pomierski brought the remains to CMAS
(Continental Mortuary Air Services) which made the arrangement such as transfer/flights.
CMAS booked the shipment with PAL through the Carriers Agent Air Case International with
Pomierski as the shipper and Mario Saludo as the consignee. PAL issued Bill of Lading and
the remains is expected to arrive on Oct. 29, 1976 via Manila to Cebu.
The Saludos after checking in with TWA FLIGHT learned that their mother is not aboard in
the plane and reluctantly they took the flight and upon arrival at San Francisco, TWA
counter informed them that they know nothing about the remains of their mother. When they
called Pomierski they found out that the remains of their mother was brought to Mexico City
and that there were two bodies at the terminal and somehow they were switched, and they
informed the Saludos that they will send the remains back to Chicago and will make the
arrangement for the remains to be brought to the Philippines.
The remains arrived in the Philippines a day after its expected arrival on Oct. 30, 1976.
Petitioners filed a complaint against PAL on the basis of the PAL Air Way Bill No. 07901180454 by Air Care International as carrier agent and from said date, and the petioners
contended that private respondents are charged with the responsibility of exercising extra
ordinary diligence.
RTC ruled in favour of the respondents and affirmed by Court of Appeals.
Issue: Whether or not the delivery of the casketed remains of petitioners mother was due to
the fault of the respondents?
Held: No. Bill of lading is written acknowledgement of the receipt of the goods and an
agreement to transport and deliver them at specified place to a person name on his order.
According to foreign and local jurisprudence the issuance of a bill of lading carries the
presumption that the goods were delivered to the carrier issuing the bill, for immediate
shipment, and a prima facie evidence of the receipt of goods by the carrier.

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