Discussion
While it is true that Mr. Hasan Salim was the consignee in all
the bills of lading and personally attended deliveries of NTC
there were times that he was not able to attend deliveries
due to some appointments and authorized his subordinates
to continue receiving deliveries and sign the delivery receipt
after cargos was taken out from the container van. Salim's
subordinates also attested the presence of him when Allied
Shipping made its delivery to NTC.
Plaintiff failed to present Salim to refute or deny the same
because delivery of the commodities is in question by Allied
Shipping to NTC.
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 missing 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.
Considering the evidence presented, the plaintiff have failed
to prove their causes of action by clear preponderance of
evidence. Hence, there complaint must be dismissed.
WHEREFORE, judgment is rendered in favor of the
defendant, plaintiffs complaint is dismissed and ordering the
plaintiff pursuant to the defendant counterclaims to pay
jointly and solidarily to the defendant actual damages in the
amount of 50,000 and attorneys fee of 70,000 plus the cost
of suit.
SO ORDERED.
Manila, May 14, 2008.