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G.R. No. L-18965 October 30, 1964Lessons Applicable: Actionable
Document
FACTS:
October, 1952: Macleod and Company of the Philippines
(Macleod)contracted by telephone the services of the Compaia
Maritima (CM), ashipping corporation, for:
o shipment of 2,645 bales of hemp from the Macleod's Sasa
privatepier at Davao City to Manila
o subsequent transhipment to Boston, Massachusetts, U.S.A.
onboard the S.S. Steel Navigator.
This oral contract was later on confirmed by a formal and
writtenbooking issued by Macleod's branch office in Sasa and
handcarried toCM's branch office in Davao in compliance with which
the CM sent toMacleod's private wharf LCT Nos. 1023 and 1025 on
which the loadingof the hemp was completed on October 29, 1952.
o The 2 lighters were manned each by a patron and an
assistantpatron.
The patrons of both barges issued the correspondingcarrier's
receipts and that issued by the patron of Barge No.1025 reads in
part:
Received in behalf of S.S. Bowline Knot in good orderand
condition from MACLEOD AND COMPANY OFPHILIPPINES, Sasa Davao, for
transhipment at Manilaonto S.S. Steel Navigator.
FINAL DESTINATION: Boston. Early hours of October 30: LCT No.
1025 sank, resulting in the damage
or loss of 1,162 bales of hemp loaded thereino Macleod promptly
notified the carrier's main office in Manila and
its branch in Davao advising it of its liability The damaged
hemp was brought to Odell Plantation in Madaum, Davao,
for cleaning, washing, reconditioning, and redrying.o total loss
adds up to P60,421.02
All abaca shipments of Macleod were insured with the
InsuranceCompany of North America against all losses and
damages
Macleod filed a claim for the loss it suffered with the
insurance companyand was paid P64,018.55o subrogation agreement
between Macleod and the insurance
company wherein the Macleod assigned its rights over the
insuredand damaged cargo
October 28, 1953.: failing to recover from the carrier
P60,421.02(amount supported by receipts), the insurance company
instituted thepresent action
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CA affirmed RTC: ordering CM to pay the insurance co.
ISSUE: W/N there was a contract of carriage bet. CM (carrier)
and Macleod(shipper)
HELD: YES. Affirmed
receipt of goods by the carrier has been said to lie at the
foundation ofthe contract to carry and deliver, and if actually no
goods are receivedthere can be no such contract
o The liability and responsibility of the carrier under a
contract forthe carriage of goods commence on their actual delivery
to,or receipt by, the carrier or an authorized agent. ... and
deliveryto a lighter in charge of a vessel for shipment on the
vessel,where it is the custom to deliver in that way
o Whenever the control and possession of goods passes to the
carrier and nothing remains to be done by the shipper, then it
canbe said with certainty that the relation of shipper and carrier
hasbeen established
As regards the form of the contract of carriage it can be said
thatprovided that there is a meeting of the minds and from such
meetingarise rights and obligations, there should be no limitations
as to form
o The bill of lading is not essential Even where it is provided
by statute that liability commences with the
issuance of the bill of lading, actual delivery and acceptance
aresufficient to bind the carrier
marine surveyors, attributes the sinking of LCT No. 1025 to the
'non-water-tight conditions of various buoyancy compartments
Read
more:http://incessantlylearn.blogspot.com/2011/09/transportation-case-digest-cia-
maritima.html#ixzz1iMbKL2dw
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