Beruflich Dokumente
Kultur Dokumente
DULNUAN, KENNETH
MANDIIT, CONCEPTION
PALSIW, EDWARD
SIBLAGAN, ROGER JR.
Warehouseman
A person, natural or juridical, lawfully engaged in the business of storing of goods for profit (WHR Law,
Sec. 58).
Warehouse
The building or place where goods are deposited and stored for profit.
Distinguishing the Warehouse Receipts Law from General Bonded Warehouse Act
The Warehouse receipt law refers to the rights and obligations of parties in a warehousing
contract, while the General Bonded Warehouse Act refers to state regulation and supervision of
warehouses.
It need not be in particular form but must embody within its written or printed terms
1. Location of the warehouse
2. Consecutive number of the receipt
3. Date of the issue
4. A statement whether the goods received will be delivered to bearer, to a specified person or to a
specified person or his order
5. Signature of the warehouseman
6. If the receipt is issued for goods of which the Warehouseman is the owner, either solely or jointly or
in common with others, the fact of such ownership; and
7. Description of the goods
8. A statement of the amount of advances made and of liabilities incurred for which the warehouseman
claims a Lien.
9. Fees (WHR Law, Sec. 2)
What are the advantages of a negotiable warehouse receipt from one which is non-negotiable?
(a) goods cannot be garnished or levied upon under execution unless receipt is surrendered, or
impounded or its negotiation enjoined (Section 25, Warehouse Receipts Law)
(b) In case of negotiation, holder acquires the direct obligation of the warehouseman to hold
possession of the goods for him (Section 41, Warehouse Receipts Law), and
(c) Goods are not subject to vendors lien or stoppage in transitu (Section 49, Warehouse
Receipts Law)
5. The failure was not due to any Fault on the part of the warehouseman:
a. Upon request by or on behalf of the person lawfully entitled (WHR Law, Sec. 10).
b. If the goods are lost, due to a fortuitous event exclusively.
c. If the warehouseman needs reasonable time to ascertain the validity of the claim if
someone other than the depositor claims title to the goods (WHR Law, Sec. 18).
d. If he had information that the delivery about to be made was to one not lawfully
entitled (WHR Law, Sec. 10)
e. If several persons claim the goods (WHR Law, Sec. 17).
What is Conversion?
It is an unauthorized assumption and exercise of the right of ownership over goods belonging to
another through the alteration of their condition or the exclusion of the owners right
What are effects of alteration of the receipt on the liability of the warehouseman?
1. Alteration immaterial whether fraudulent or not, whether authorized or not, the
warehouseman is liable on the altered receipt according to its original tenor
2. Authorized material alteration the warehouseman is liable according to the terms of the
receipt as altered
3. Material alteration innocently made the warehouseman is liable on the altered receipt
according to its original receipt
4. Material alteration fraudulently made warehouseman is liable according to the original tenor
of the receipt to a purchaser of the receipt for value without notice, and even to the alterer and
subsequent purchasers with notice except that as regards to the last two, the warehousemans
liability is limited only to delivery as he is excused from any liability
What are the instances when a warehouseman is criminally liable for his acts?
1. Issuance of warehouse receipts for Good not received (WHR Law, Sec. 50).
2. Issuance of receipt containing false statement (WHR Law, Sec. 51).
3. Issuance of Duplicate negotiable warehouse receipt not marked as such (WHR Law, Sec. 52).
4. Issuance of a negotiable warehouse receipt of which he is an Owner without stating such fact of
ownership (WHR Law, Sec. 53).
5. Delivery of goods without obtaining negotiable warehouse receipt (WHR Law, Sec. 54).
6. Negotiation of receipt for Mortgaged goods (WHR Law, Sec. 55).
7. Commingling of goods (WHR Law, Sec. 24).
What are the remedies available to a warehouseman to enforce his warehousemans lien?
1. By refusing to deliver the goods until the lien is satisfied;
2. By causing the extrajudicial sale of the property and applying the proceeds of the value of the
lien;
3. By filing a civil action for collection of the unpaid charges or by way of counterclaim in an action
to recover the property from him or such other remedies allowed by law for the enforcement of
a lien against personal property or to a creditor against his debtor, for the collection from the
depositor of all the charges which the depositor has bound himself to pay.
Other remedies
Whether a warehouseman has or has not a lien upon the goods, he is entitled to all remedies
allowed by law to a creditor against a debtor for the collection from the depositor of all charges and
advances which the depositor has expressly or impliedly contracted with the warehouseman to pay
(WHR Law, Sec 32).
The warehouseman shall not thereafter be liable for failure to deliver the goods to
the depositor or owner of the goods or to a holder of the receipt given for the goods when
they were deposited, even if such receipt be negotiable (WHR Law, Sec. 36).
2. Sale shall be held not less than fifteen days from the time of the first publication.
3. In the place where the lien was acquired.
NOTE: The balance, if any, of the proceeds of the execution sale shall be held by the warehouseman and
delivered on demand to the person to whom he would have been bound to deliver or justified in
delivering goods (WHR Law, Sec.31).
A person claiming right over the property may stop the execution sale of the goods
At any time before the goods are so sold, any person claiming a right of property or possession therein
may pay the warehouseman the amount necessary to satisfy his lien and to pay the reasonable
expenses and liabilities incurred inserving notices and advertising and preparing for the sale up to the
time of such payment (WHR Law, Sec.33).
What are the instances when a warehouseman may lose his lien?
1. By surrendering possession thereof, or
2. By refusing to deliver the goods when a demand is made with which he is bound to comply (WHR Law
Sec. 29).
NOTE: Where a negotiable receipt is issued, with the exception of the charges for the storage or
preservation of goods for which a negotiable receipt has been issued, the lien exists only for other
charges expressly enumerated in the receipt so far as they are written although the amount of the said
charge is not stated.
BAR Q & A
Q: Coco was issued by a Warehouseman a negotiable receipt for safekeeping by the latter of his
goods. Can the judgment creditor of Coco levy by execution the goods covered by the negotiable
receipt?
A: The goods cannot, while in the possession of the warehouseman, be attached by garnishment
or otherwise, or be levied upon under an execution unless the receipt is first surrendered to the
warehouseman, or its negotiation enjoined. The warehouseman cannot be compelled to deliver the
actual possession of the goods until the receipt is surrendered to it or impounded by the court.
Q: Assuming that prior to the levy, the receipt was sold to Yoyo on the basis of which he filed a claim
with the sheriff. Would Yoyo have better rights to the goods than the creditor? Explain your answer.
(1999 Bar)
A: YES. Yoyo, as a holder for value of the receipt, has a better right to the goods than the
creditor. It is Yoyo that can surrender the receipt which is in its possession and can comply with the
other requirements which will oblige the warehouseman to deliver the goods, namely, to sign a receipt
for the delivery of the goods, and to pay the warehouseman's liens and fees and other charges.
Q: What is the proper recourse of the warehouseman if he is uncertain as to who is entitled to the
goods? Explain. (2005 Bar)
A: Since there is a conflicting claim of ownership or title, the warehouseman should file a
complaint in interpleader requiring the claimants to interplead. The matter involves a judicial question
as to whose claim is valid.
Rule where a warehouse receipt is transferred to secure payment of a loan by way of pledge or
mortgage
The pledgee or mortgagee does not automatically become the owner of the goods but merely
retains the right to keep, and with the consent of the owner to sell them so as to satisfy the obligation
from the proceeds for the simple reason that the transaction is not a sale but only a mortgage or pledge.
Likewise, if the property is lost without the fault or negligence of the mortgagee or pledgee, then said
goods are to be regarded as lost on account of the real owner, mortgagor or pledgor (PNB vs. Sayo, Jr.,
G.R. No. 129198, July 9, 1998).
Q: Alex deposited goods for which Billy, warehouseman, issued a negotiable warehouse receipt
wherein the goods were deliverable to Alex or order. Alex negotiated the receipt to Caloy. Thereafter,
Dario, a creditor secured judgment against Alex and served notice of levy over the goods on the
warehouseman.
a. To whom should the warehouseman deliver goods upon demand?
b. Would your answer be the same if the warehouseman issued a non-negotiable
A:
a. Billy should deliver the goods to Caloy. Under the Warehouse Receipts Act, the goods covered
by the negotiable receipt cannot be attached or levied upon directly by the creditor. The creditor must
resort to attaching or levying the receipt itself, not the goods, while in the possession of the debtor,
Alex. Since Alex has already negotiated it to Caloy, Dario cannot anymore attach or levy the goods under
the warehouse receipt.
Q: Jojo deposited several cartons of goods with SN Warehouse Corporation. The correseponding
warehouse receipt was issued to the order of Jojo. He endorsed the warehouse receipt to EJ who paid
the value of the goods deposited. Before EJ could withdraw the goods, Melchor informed SN
Warehouse Corporation that the goods belonged to him and were taken by Jojo without his consent.
Melchor wants to get the goods, but EJ also wants to withdraw the same.
a. Who has a better right to the goods? Why?
b. If SN Warehouse Corporation is uncertain as to who is entitled to the property, what is the proper
recourse of the corporation? Explain (2005 Bar)
A:
a. Ej has better right to the goods. The goods are covered by a negotiable warehouse receipt
which was indorsed to EJ for value. The negotiation to EJ was not impaired by the fact that Jojo took the
goods without the consent of Melchor, as EJ had no notice of such fact. Moreover, EJ is in possession of
the warehouse receipt and only he can surrender it to the warehouseman (Sec. 8, WHL).
b. Under the Sec. 17 of Act 2137, Warehouse Receipts Law, SN Warehouse Corporation may file
an action for interpleader and implead EJ and Melchor to determine who is entitled to the said goods.
Q: T delivers two refrigerators to the warehouse of W who then issues a negotiable receipt
undertaking the delivery of the refrigerators to T or bearer. T entrusted the receipt to B for
safekeeping only. B negotiated it, however, to F who bought it in good faith and for value. Who is
entitled to the delivery of the refrigerators? (2011 Bar)
Between the real owner of the goods and an innocent purchaser for value acquiring the Warehouse
Receipt from a thief, the former prevails If the goods were stolen from the owner and deposited to the
warehouseman who subsequently issued a warehouse receipt which in turn was duly negotiated to an
innocent purchaser for value, the owner has the better right than the holder of the negotiable
warehouse receipt. This is because a thief transfers no title.