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Tax Digests by Co-Untian. Arellano University
Lawphil Project. Rules on Adoption. Rules on
Declaration of Nullity and Annulment AM-001101-. SC. Rules on ...
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Article 349 A contract of transportation by land or water ways of any kind
shall be considered commercial:
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Article 364 If the effect of the damage referred to in Article 361 is merely
a diminution in the value of the goods, the obligation of the carrier shall be
reduced to the payment of the amount which, in the judgment of experts,
constitutes such difference in value.
Article 365 If, in consequence of the damage, the goods are rendered
useless for sale and consumption for the purposes for which they are
properly destined, the consignee shall not be bound to receive them, and
he may have them in the hands of the carrier, demanding of the latter
their value at the current price on that day.
If among the damaged goods there should be some pieces in good
condition and without any defect, the foregoing provision shall be
applicable with respect to those damaged and the consignee shall receive
those which are sound, this segregation to be made by distinct and
separate pieces and without dividing a single object, unless the consignee
proves the impossibility of conveniently making use of them in this form.
The same rule shall be applied to merchandise in bales or packages,
separating those parcels which appear sound.
Article 366 Within the twenty-four hours following the receipt of the
merchandise, the claim against the carrier for damage or average be found
therein upon opening the packages, may be made, provided that the
indications of the damage or average which gives rise to the claim cannot
be ascertained from the outside part of such packages, in which case the
claim shall be admitted only at the time of receipt.
After the periods mentioned have elapsed, or the transportation charges
have been paid, no claim shall be admitted against the carrier with regard
to the condition in which the goods transported were delivered.
Article 367 If doubts and disputes should arise between the consignee
and the carrier with respect to the condition of the goods transported at
the time their delivery to the former is made, the goods shall be examined
by experts appointed by the parties, and, in case of disagreement, by a
third one appointed by the judicial authority, the results to be reduced to
writing; and if the interested parties should not agree with the expert
opinion and they do not settle their differences, the merchandise shall be
deposited in a safe warehouse by order of the judicial authority, and they
shall exercise their rights in the manner that may be proper.
Article 368 The carrier must deliver to the consignee, without any delay
or obstruction, the goods which he may have received, by the mere fact of
being named in the bill of lading to receive them; and if he does not do so,
he shall be liable for the damages which may be caused thereby.
Article 369 If the consignee cannot be found at the residence indicated in
the bill of lading, or if he refuses to pay the transportation charges and
expenses, or if he refuses to receive the goods, the municipal judge, where
there is none of the first instance, shall provide for their deposit at the
disposal of the shipper, this deposit producing all the effects of delivery
without prejudice to third parties with a better right.
Article 370 If a period has been fixed for the delivery of the goods, it
must be made within such time, and, for failure to do so, the carrier shall
pay the indemnity stipulated in the bill of lading, neither the shipper nor
the consignee being entitled to anything else.
If no indemnity has been stipulated and the delay exceeds the time fixed in
the bill of lading, the carrier shall be liable for the damages which the
delay may have caused.
Article 371 In case of delay through the fault of the carrier, referred to in
the preceding articles, the consignee may leave the goods transported in
the hands of the former, advising him thereof in writing before their arrival
at the point of destination.
When this abandonment takes place, the carrier shall pay the full value of
the goods as if they had been lost or mislaid.
If the abandonment is not made, the indemnification for losses and
damages by reason of the delay cannot exceed the current price which the
goods transported would have had on the day and at the place in which
they should have been delivered; this same rule is to be observed in all
other cases in which this indemnity may be due.
Article 372 The value of the goods which the carrier must pay in cases if
loss or misplacement shall be determined in accordance with that declared
in the bill of lading, the shipper not being allowed to present proof that
among the goods declared therein there were articles of greater value and
money.
Horses, vehicles, vessels, equipment and all other principal and accessory
means of transportation shall be especially bound in favor of the shipper,
although with respect to railroads said liability shall be subordinated to the
provisions of the laws of concession with respect to the property, and to
what this Code established as to the manner and form of effecting seizures
and attachments against said companies.
Article 373 The carrier who makes the delivery of the merchandise to the
consignee by virtue of combined agreements or services with other
carriers shall assume the obligations of those who preceded him in the
conveyance, reserving his right to proceed against the latter if he was not
the party directly responsible for the fault which gave rise to the claim of
the shipper or consignee.
The carrier who makes the delivery shall likewise acquire all the actions
and rights of those who preceded him in the conveyance.
The shipper and the consignee shall have an immediate right of action
against the carrier who executed the transportation contract, or against
the other carriers who may have received the goods transported without
reservation.
However, the reservation made by the latter shall not relieve them from
the responsibilities which they may have incurred by their own acts.
Article 374 The consignees to whom the shipment was made may not
defer the payment of the expenses and transportation charges of the
goods they receive after the lapse of twenty-four hours following their
delivery; and in case of delay in this payment, the carrier may demand the
judicial sale of the goods transported in an amount necessary to cover the
cost of transportation and the expenses incurred.
Article 375 The goods transported shall be especially bound to answer for
the cost of transportation and for the expenses and fees incurred for them
during their conveyance and until the moment of their delivery.
This special right shall prescribe eight days after the delivery has been
made, and once prescribed, the carrier shall have no other action than that
corresponding to him as an ordinary creditor.
Article 376 The preference of the carrier to the payment of what is owed
him for the transportation and expenses of the goods delivered to the
consignee shall not be cut off by the bankruptcy of the latter, provided it is
claimed within the eight days mentioned in the preceding article.
Article 377 The carrier shall be liable for all the consequences which may
arise from his failure to comply with the formalities prescribed by the laws
and regulations of the public administration, during the whole course of
the trip and upon arrival at the point of destination, except when his failure
arises from having been led into error by falsehood on the part of the
shipper in the declaration of the merchandise. If the carrier has acted by
virtue of a formal order of the shipper or consignee of the merchandise,
both shall become responsible.
Article 378 Agents for transportation shall be obliged to keep a special
registry, with the formalities required by Article 36, in which all the goods
the transportation of which is undertaken shall be entered in consecutive
order of number and dates, with a statement of the circumstances required
in Article 350 and others following for the respective bills of lading.
Article 379 The provisions contained in Articles 349 and following shall be
understood as equally applicable to those who, although they do not
personally effect the transportation of the merchandise, contract to do so
through others, either as contractors for a particular and definite
operation, or as agents for transportations and conveyances.
In either case they shall be subrogated in the place of the carriers
themselves, with respect to the obligations and responsibility of the latter,
as well as with regard to their rights.