GR L 24066; (August, 1967) (Digest)
G.R. No. L-24066 August 30, 1967
DOMESTIC INSURANCE COMPANY OF THE PHILIPPINES, plaintiff-appellee, vs. MANILA RAILROAD COMPANY and its subsidiary MANILA PORT SERVICE, defendants-appellants.
FACTS
The plaintiff, as insurer and subrogee of three consignees, filed a complaint with three causes of action to recover for short-delivered and/or damaged shipments discharged into the custody of the defendants as arrastre operator at the port of Manila. Under the First Cause of Action, 400 bags of synthetic resins were shipped, a provisional claim was filed on February 19, 1960 (received February 22), and only 356 bags were delivered on April 29, 1960. Under the Second Cause of Action, three boxes of appliances were shipped, a provisional claim was filed on May 19, 1960, and only two boxes were delivered on May 12, 1960. Under the Third Cause of Action, 34 cartons of dry batteries were shipped, a provisional claim dated February 22, 1960, was received on February 25, 1960, the cargo was discharged on February 26, 1960, and only 19 cartons were delivered. The parties stipulated that if liable, the defendants’ liability would be limited to specific amounts per cause of action pursuant to Section 15 of their Management Contract, which requires a claim to be filed within fifteen (15) days from the date of discharge of the last package.
ISSUE
Whether the filing of “provisional claims” by the appellee or its predecessors-in-interest constituted substantial compliance with the 15-day claim filing requirement under Section 15 of the Management Contract.
RULING
The decision of the lower court is modified. For the First and Second Causes of Action, the provisional claims filed within the 15-day period from the date of discharge were a substantial compliance with the contractual requirement, following established jurisprudence. The awards of P1,140.00 and P500.00 are affirmed. For the Third Cause of Action, the provisional claim was filed one day before the cargo’s discharge and was dated February 22, 1960, two days before the carrying vessel even arrived at port. This claim was premature, speculative, and not a substantial compliance with the 15-day requirement. The award of P850.00 under the Third Cause of Action is eliminated.