Laws Applicable: Article 1736, Article 1738,Article 1884,Article 1889,Article 1892,Article 1909
FACTS:
- Samar Mining Company, Inc. imported1 crate of welded wedge wire sieves shipped through Nordeutscher Lloyd
- Bill of Lading No. 18:
- transshipped at port of discharge: davao
- Section 1, paragraph 3 of Bill of Lading No. 18
- The carrier shall not be liable in any capacity whatsoever for any delay, loss or damage occurring before the goods enter ship's tackle to be loaded or after the goods leave ship's tackle to be discharged, transshipped or forwarded ...
- Section 11:
- Whenever the carrier or m aster may deem it advisable or in any case where the goods are placed at carrier's disposal at or consigned to a point where the ship does not expect to load or discharge, the carrier or master may, without notice, forward the whole or any part of the goods before or after loading at the original port of shipment, ... This carrier, in making arrangements for any transshipping or forwarding vessels or means of transportation not operated by this carrier shall be considered solely the forwarding agent of the shipper and without any other responsibility whatsoever even though the freight for the whole transport has been collected by him. ... Pending or during forwarding or transshipping the carrier may store the goods ashore or afloat solely as agent of the shipper and at risk and expense of the goods and the carrier shall not be liable for detention nor responsible for the acts, neglect, delay or failure to act of anyone to whom the goods are entrusted or delivered for storage, handling or any service incidental thereto
- When the goods arrived in the port of Davao, it was delivered in good order and condition to the bonded warehouse of AMCYL but it was not delivered and received by Samar Mining Company, Inc.
- Samar filed a claim against Nordeutscher and C.F. Sharp who brought in AMCYL as third party defendant
- RTC: favored Samar
- Nordeutscher and C.F. Sharp laible but may enforce judgment against AMCYL
ISSUE: W/N the stipulations in bills of lading exempting the carrier from liability for loss or damage to the goods when the same are not in its actual custody is valid
HELD: YES. Reversed
- Article 1736. The extraordinary responsibility of the common carrier lasts from the time the goods are unconditionally placed in the possession of, and received by the carrier for transportation until the same are delivered, actually or constructively, by the carrier to the consignee, or to the person who has a right to receive them, without prejudice to the provisions of article 1738. - applicable
- Article 1738. The extraordinary liability of the common carrier continues to be operative even during the time the goods are stored in a warehouse of the carrier at the place of destination, until the consignee has been advised of the arrival of the goods and has had reasonable opportunity thereafter to remove them or otherwise dispose of them. - no applicable since
- Article 1884. The agent is bound by his acceptance to carry out the agency, and is liable for the damages which, through his non-performance, the principal may suffer.
- Article 1889. The agent shall be liable for damages if, there being a conflict between his interests and those of the principal, he should prefer his own.
- Article 1892. The agent may appoint a substitute if the principal has not prohibited him from doing so; but he shall be responsible for the acts of the substitute:(1) When he was not given the power to appoint one;(2) When he was given such power but without designating the person and the person appointed was notoriously incompetent or insolvent
- Article 1909. The agent is responsible not only for fraud, but also for negligence which shall be judged with more or less rigor by the courts, according to whether the agency was or was not for a compensation.
- The records fail to reveal proof of negligence, deceit or fraud committed by appellant or by its representative in the Philippines. Neither is there any showing of notorious incompetence or insolvency on the part of AMCYT, which acted as appellant's substitute in storing the goods awaiting transshipment
