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William Tiu vs. Pedro Arriesgado

WILLIAM TIU, doing business under the name and style of "D' Rough Riders," and VIRGILIO TE LAS PIÑAS Petitioners, versus PEDRO A. ARRIESGADO, BENJAMIN CONDOR, SERGIO PEDRANO and PHILIPPINE PHOENIX SURETY AND INSURANCE, INC., Respondents.

G.R. No. 138060 | 2004-09-01

D E C I S I O N


CALLEJO, SR., J.:

This is a petition for review on certiorari under Rule 45 of the Rules of Court from the Decision[1] of the Court of Appeals in CA-G.R. CV No. 54354 affirming with modification the Decision[2] of the Regional Trial Court, 7th Judicial Region, Cebu City, Branch 20, in Civil Case No. CEB-5963 for breach of contract of carriage, damages and attorney's fees, and the Resolution dated February 26, 1999 denying the motion for reconsideration thereof.

The following facts are undisputed:

At about 10:00 p.m. of March 15, 1987, the cargo truck marked "Condor Hollow Blocks and General Merchandise" bearing...