GR L 20553; (April, 1965) (Digest)
G.R. No. L-20553 April 30, 1965
CHIOK HO, plaintiff-appellee, vs. COMPANIA MARITIMA, ET AL., defendants; MANILA PORT SERVICE, ET AL., defendants-appellants.
FACTS
From May 11 to 15, 1960, a shipment of 69 cases of radio parts consigned to Marinduque Iron Mines, Inc. was discharged from the vessel S.S. Samar into the custody of the Manila Port Service, the arrastre operator at the Port of Manila. The consignee paid arrastre charges and, upon delivery, discovered that 4 cases were missing, with a total value of P3,402.50. The shipment was later assigned to Chiok Ho, who made a formal demand for payment on May 9, 1961. Upon refusal, Chiok Ho filed an action in the Court of First Instance of Manila to recover the value of the missing cases, plus attorney’s fees and litigation expenses. The Manila Port Service and Manila Railroad Company, as defendants, denied liability and invoked as a defense the management contract between the Bureau of Customs and Manila Port Service, particularly Section 15, which requires claims to be filed “within 15 days from the date of discharge of the last package from the carrying vessel.” The trial court ruled in favor of Chiok Ho, ordering defendants to pay the principal amount, interest, attorney’s fees, and costs. Defendants appealed.
ISSUE
Whether Chiok Ho’s claim is barred for failure to file a provisional claim within the 15-day period stipulated in Section 15 of the management contract between the Bureau of Customs and Manila Port Service.
RULING
No, the claim is not barred. The Supreme Court affirmed the trial court’s decision. The stipulation of facts submitted by the parties lacked essential data, particularly the date when the shipment was actually delivered to the consignee. The Court emphasized that for Section 15 of the management contract to apply, it is not enough that the consignee is notified of the discharge; it is equally important to know the delivery date to allow the consignee to discover any loss and file a claim. Since the defendants raised Section 15 as an affirmative defense, they bore the burden of proving all conditions for its applicability, including that the cargo was delivered within 15 days from discharge, that the loss occurred within that period, and that the consignee knew of the loss. The defendants failed to prove these conditions. Therefore, the 15-day filing period could not be applied, and Chiok Ho’s claim was deemed filed within the reglementary period.