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THIRD DIVISION.
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long as the oneyear period has not lapsed. Thus, in the words of
the ponente, Chief Justice Hilario G. Davide Jr.: Inasmuch as the
neither the Civil Code nor the Code of Commerce states a specific
prescriptive period on the matter, the Carriage of Goods by Sea
Act (COGSA)which provides for a oneyear period of limitation
on claims for loss of, or damage to, cargoes sustained during
transitmay be applied suppletorily to the case at bar.
Same Same Bills of Lading Bill of lading serves two
functions as receipt for the goods shipped, and as a contract by
which three parties, namely, the shipper, the carrier, and the
consignee, undertake specific responsibilities and assume
stipulated obligations.A bill of lading serves two functions.
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PANGANIBAN, J.:
Proof of the delivery of goods in good order to a common
carrier and of their arrival in bad order at their destination
constitutes prima facie fault or negligence on the part of
the carrier. If no adequate explanation is given as to how
the loss, the destruction or the deterioration of the goods
happened, the carrier shall be held liable therefor.
Statement of the Case
Before us is a Petition for Review under Rule 45 of1 the
Rules of Court, assailing the
July 15, 1998 Decision3 and
2
the May 2, 2000 Resolution of the Court of Appeals (CA)
in CAGR CV No. 53571. The decretal portion of the
Decision reads as follows:
WHEREFORE, in the light of the foregoing disquisition, the
decision appealed from is hereby REVERSED and SET ASIDE.
Defendantsappellees are ORDERED to jointly and severally pay
plaintiffsappellants the following:
1) FOUR Hundred Fifty One Thousand TwentySeven Pesos
and 32/100 (P451,027.32) as actual damages, representing
the value of the damaged cargo, plus interest at the legal
rate from the time of filing of the complaint on July 25,
1991, until fully paid
2) Attorneys fees amounting to 20% of the claim and
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3) Costs of suit.
Ibid., p. 57.
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The Facts
The factual antecedents of the case are summarized by the
Court of Appeals in this wise:
On June 13, 1990, CMC Trading A.G. shipped on board the M/V
Anangel Sky at Hamburg, Germany 242 coils of various Prime
Cold Rolled Steel sheets for transportation to Manila consigned to
the Philippine Steel Trading Corporation. On July 28, 1990, M/V
Anangel Sky arrived at the port of Manila and, within the
subsequent days, discharged the subject cargo. Four (4) coils were
found to be in bad order B.O. Tally sheet No. 154974. Finding the
four (4) coils in their damaged state to be unfit for the intended
purpose, the consignee Philippine Steel Trading Corporation
declared the same as total loss.
Despite receipt of a formal demand, defendantsappellees
refused to submit to the consignees claim. Consequently,
plaintiffappellant paid the consignee five hundred six thousand
eighty six & 50/100 pesos (P506,086.50), and was subrogated to
the latters rights and causes of action against defendants
appellees. Subsequently, plaintiffappellant instituted this
complaint for recovery of the amount paid by them, to the
consignee as insured.
Impugning the propriety of the suit against them, defendants
appellees imputed that the damage and/or loss was due to pre
shipment damage, to the inherent nature, vice or defect of the
goods, or to perils, danger and accidents of the sea, or to
insufficiency of packing thereof, or to the act or omission of the
shipper of the goods or their representatives. In addition thereto,
defendantsappellees argued that their liability, if there be any,
should not exceed the limitations of liability provided for in the
bill of lading and other pertinent laws. Finally, defendants
appellees averred that, in any event, they exercised due diligence
and foresight
required by law to prevent any damage/loss to said
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shipment.
______________
5
Paul T. Arcangel.
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The case was deemed submitted for decision on March 29, 2001, upon
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Issues
In their Memorandum, petitioners raise the following
issues for the Courts consideration:
I
Whether or not plaintiff by presenting only one witness who has
never seen the subject shipment and whose testimony is purely
hearsay is sufficient to pave the way for the applicability of
Article 1735 of the Civil Code
II
Whether or not the consignee/plaintiff filed the required notice
of loss within the time required by law
III
Whether or not a notation in the bill of lading at the time of
loading is sufficient to show preshipment damage and to exempt
herein defendants from liability
IV
Whether or not the PACKAGE LIMITATION of liability
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under Section 4 (5) of COGSA is applicable to the case at bar.
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First Issue:
Proof of Negligence
Petitioners contend that the presumption of fault imposed
on common carriers should not be applied on the basis of
the lone
______________
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Ibid.
Philippine American General Insurance Co, Inc. v. MGG Marine
Services, Inc., G.R. No. 135645, March 8, 2002, 378 SCRA 650.
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Art. 1735 Civil Code. In all cases other than those mentioned in Nos.
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supra.
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Dollar Co., 53 Phil. 129, March 27, 1929 Ynchausti Steamship Co. v.
Dexter and Unson, 41 Phil. 289, December 14, 1920.
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supra.
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Q.
A.
Q.
A.
x x x x x x x x x
______________
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35
x x x x x x x x x
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COURT:
supra.
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Ibid.
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them, the master of the vessel and his crew should have
undertaken precautionary measures to avoid possible
deterioration
of the cargo. But none of these measures was
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taken. Having failed to discharge the burden of proving
that they have exercised the extraordinary diligence
required by law, petitioners
cannot escape liability for the
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damage to the four coils.
In their attempt to escape liability, petitioners further
contend that they are exempted from liability under Article
1734(4) of the Civil Code. They cite the notation metal
envelopes rust stained and slightly dented printed on the
Bill of Lading as evidence that the character of the goods or
defect in the packing or the containers was the proximate
cause of the damage. We are not convinced.
From the evidence on record, it cannot be reasonably
concluded that the damage to the four coils
was due to the
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condition noted on the Bill of Lading. The aforecited
exception refers to cases when goods are lost or damaged
while in transit as a result of the natural decay of
perishable goods or the fermentation or evaporation of
substances liable therefor, the necessary and natural wear
of goods in transport, defects in packages in which
they are
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shipped, or the natural propensities of animals. None of
these is present in the instant case.
______________
Article 1742, Civil Code. Even if the loss, destruction or
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supra.
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Ibid.
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Philippine Airlines v. Court of Appeals, 255 SCRA 48, March 14, 1996 9
Am. Jur. p. 869.
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12, 1997.
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Act No. 521 of the 74th Congress of the United States, approved on April
16, 1936, be accepted, as it is hereby accepted to be made applicable to all
contracts for the carriage of goods by sea to and from Philippine ports in
foreign trade: Provided, That nothing in this Act shall be construed as
repealing any existing provision of the Code of Commerce which is now in
force or as limiting its application. Approved on April 22, 1936.
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Unless notice of loss or damage and the general nature of such loss or damage be
given in writing to the carrier or his agent at the port of discharge or at the time of
the removal of the goods into the custody of the person entitled to delivery thereof
under the contract
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p. 333.
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315 SCRA 339, September 28, 1999, per Davide, Jr., CJ.
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Records, p. 1.
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(5) Neither the carrier nor the ship shall in any event be or become liable for any
loss or damage to or in connection with the transportation of goods in an amount
exceeding $500 per package lawful money of the United States, or in case of goods
not shipped in packages, per customary freight unit, or the equivalent of that sum
in other currency, unless the nature and value of such goods have been declared by
the shipper before the shipment and inserted in bill of lading. This declaration if
embodied in the bill of lading shall be prima facie evidence, but shall not be
conclusive on the carrier.
By agreement between the carrier, master or agent of the carrier, and the
shipper another maximum amount than that mentioned in this paragraph may be
fixed Provided, That such maximum shall not be less than the figure above
named. In no event shall the carrier be liable for more than the amount of damage
actually sustained.
Neither the carrier nor the ship shall be responsible in any event for loss or
damage to or in connection with the transportation of the goods if the nature or
value thereof has been knowingly and fraudulently misstated by the shipper in the
bill of lading.
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Keng Hua Paper Products Co., Inc. v. Court of Appeals, 286 SCRA
Saludo, Jr. v. Court of Appeals, 207 SCRA 498, March 23, 1992.
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October 8, 1998.
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702.
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Hernandez & Penasales, Philippine Admiralty and Maritime Law, 1st ed.,
1987, p. 291, citing McCarthy v. Barber Steamship Lines, 45 Phil. 488, December
10, 1923.
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Ibid.
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Supra.
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150 SCRA 463, May 29, 1967, citing Mitsui & Co., Ltd. v. American
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