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Servando v Phil Stream Navigation held that the delivery of the shipment in question
Facts:
1. Clara UyBico and AmparoServando loaded on
board a vessel of Philippine Steam Navigation Co.
for carriage from Manila to Negros Occidental
1,528 cavans of rice and 44 cartons of colored
paper, toys and general merchandise.
2. The contract of carriage of cargo was
evidenced by a Bill of Lading (B/L). There was a
stipulation limiting the responsibility of the carrier
for loss or damage that may be caused to the
shipment
a. carrier shall not be responsible for loss or
damage to shipments billed owners risk unless
such loss or damage is due to the negligence of the
carrier. Nor shall the carrier be responsible for
loss or damage caused by force majeure, dangers
or accidents of the sea, war, public enemies, fire.
3. Upon arrival of the vessel at its destination, the
cargoes were discharged in good condition and
placed inside the warehouse of the Bureau of
Customs.
4. UyBico was able to take delivery of 907 cavans
of rice.
5. Unfortunately, the warehouse was razed by
fire of unknown origin later that same day
destroying the remaining cargoes.
6. UyBico and Servando filed a claim for the value
of the goods against the carrier.
7. The lower court ruled in their favor. It held that
the delivery of the shipment to the warehouse is
not the delivery contemplated by Art. 1736 of the
CC. And since the burning of the warehouse
occurred prior to the actual or constructive
delivery of the goods, the loss is chargeable
against the vessel.
Issue: Whether or not the carrier is liable for the
loss of the goods.
Held: No.
1. Article 1736 of the CC imposes upon common
carriers the duty to observe extraordinary
diligence from the moment the goods are
unconditionally placed in their possession "until
the same are delivered, actually or constructively,
by the carrier to the consignee or to the person
who has a right to receive them, without prejudice
to the provisions of Article 1738. The court a quo
to the warehouse of the Bureau of Customs is not
the delivery contemplated by Article 1736; and
since the burning of the warehouse occurred
before actual or constructive delivery of the goods
to the appellees, the loss is chargeable against the
appellant.
2. It should be pointed out, however, that in the
bills of lading issued for the cargoes in question,
the parties agreed to limit the responsibility of the
carrier. The stipulation is valid not being contrary
to law, morals or public policy.
3. The petitioners however, contend that the
stipulation does not bind them since it was printed
at the back of the B/L and that they did not sign the
same. However, as the Court held in OngYiu vs.
CA, while it may be true that a passenger had not
signed the plane ticket, he is nevertheless bound
by the provisions thereof. Such provisions have
been held to be a part of the contract of carriage,
and valid and binding upon the passenger
regardless of the latter's lack of knowledge or
assent to the regulation.
4. Also, where fortuitous event is the immediate
and proximate cause of the loss, the obligor is
exempt from liability for non-performance. In the
case at bar, the burning of the customs warehouse
was an extraordinary event which happened
independently of the will of the appellant. The
latter could not have foreseen the event.
5. There is nothing in the record to show that the
carrier incurred in delay in the performance of its
obligation. It appears that it had not only notified
UyBico and Servando of the arrival of their
shipment, but had demanded that the same be
withdrawn. In fact, pursuant to such demand,
UyBico had taken delivery of 907 cavans of rice
before the burning of the warehouse.
6. Nor can the carrier or its employees be charged
with negligence. The storage of the goods in the
Customs warehouse pending withdrawal thereof
by UyBico and Servando was undoubtedly made
with their knowledge and consent. Since the
warehouse belonged to and was maintained by the
government, it would be unfair to impute
negligence to the carrier, the latter having no
control whatsoever over the same.
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