GR L 24910; (February, 1968) (Digest)
G.R. No. L-24910. February 17, 1968.
CALTEX (PHILIPPINES), INC., plaintiff-appellant, vs. MANILA PORT SERVICE, ET AL., defendants-appellees.
FACTS
Caltex (Philippines), Inc., as consignee, filed suit against Manila Port Service, the arrastre operator, for the value of lost cargo from four separate shipments:
1. Under Bill of Lading No. 27 (SS “Roseville”), 2 drums of lubricating oil compound (value P929.64) were not delivered. The goods were discharged on December 9, 1961, and a formal claim was filed on February 22, 1962.
2. Under Bill of Lading No. 1 (SS “Fernbay”), 1 drum of Capella oil B (value P149.92) was not delivered. The goods were discharged on March 27, 1962. A provisional claim was filed on March 30, 1962, and a formal claim on March 31, 1962.
3. Under Bill of Lading No. 27 (SS “Fernbay”), 1 drum of lubricating oil compound (value P595.43) was not delivered. The goods were discharged on March 27, 1962. A provisional claim was filed on March 30, 1962, and a formal claim on March 31, 1962.
4. Under Bill of Lading No. 142 (SS “Nicoline Maersk”), 1 case of power pump parts marked PH-206-A (alleged value P6,027.66) was not delivered. The goods were discharged on December 27, 1961. A provisional claim was filed on January 3, 1962, and a formal claim later.
The trial court absolved Manila Port Service from all claims, ruling that the claims for P929.64, P149.92, and P595.43 were filed beyond the 15-day period required under Section 15 of the Arrastre Management Contract, and that the value of the lost power pump parts was not proved.
ISSUE
1. Did Caltex comply with Section 15 of the Arrastre Management Contract regarding the filing of claims?
2. Did the lower court err in dismissing the claim for the value of one case of power pump parts marked PH-206-A?
RULING
1. On Compliance with Section 15:
* For the claims of P149.92 and P595.43 (discharged March 27, 1962), the provisional claims filed on March 30, 1962, were within the 15-day period. The Supreme Court ruled that such provisional claims constitute substantial compliance with Section 15. Therefore, Manila Port Service is liable. However, since the value of these shipments was not declared in the bills of lading or manifest, liability is limited to P500.00 per package under Section 15.
* For the claim of P929.64 (discharged December 9, 1961), the formal claim filed on February 22, 1962, was filed more than 15 days from the date of discharge. This failure to file a claim within the 15-day period is fatal, even if the suit was filed within the one-year prescriptive period.
2. On the Claim for Power Pump Parts: The lower court’s dismissal of the claim for one case of power pump parts (PH-206-A) valued at P6,027.66 was reversed. The stipulation of facts admitted that the defendant received the case and failed to deliver it. The defendant’s stipulation that its maximum liability under the contract was P500.00 was an implied admission of liability, limited to that amount. Therefore, Manila Port Service is liable for P500.00 for this lost case.
DISPOSITIVE PORTION:
The judgment was modified. Manila Port Service was ordered to pay Caltex (Philippines), Inc., the total sum of P1,149.92 (P500.00 for the P149.92 claim, P500.00 for the P595.43 claim, and P500.00 for the power pump parts claim). No costs.