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Question
Marina Freight Co., a Manila-based carrier that operates a fixed Manila–Davao freight service and publicly advertises itself as a common carrier for hire, contracts with NovaTech Electronics Corp. to transport 3,000 microprocessor units from Manila to Davao, with a bill of lading naming NovaTech as consignee. While the goods are stored in Marina's Cebu warehouse awaiting onward dispatch, a warehouse fire destroys the shipment. Marina asserts that, as a common carrier, it is not strictly liable for losses caused by force majeure and that its liability may be exempted by defenses. NovaTech sues for damages. (a) Identify whether Marina is a common carrier or a private carrier under Philippine law. (b) If Marina is a common carrier, state the governing liability rule for loss or damage to goods in its custody and the burden of proof for invoking any defenses. (c) Apply the rule to the facts: is Marina liable to NovaTech for the loss of the microprocessors? Explain your answer and discuss which defenses, if any, might or might not succeed.