[TRANSPO] TRANSPORTATION OVERLAND - 63
MIGUEL SANCHEZ
ESSO STANDARD v. MANILA RAILROAD *
G.R. No. L-25488, September 28, 1979 | De Castro, J.:
PLAINTIFF: Esso Standard Eastern, Inc.
DEFENDANTS: Manila Railroad Co. (Phil. Nat’l Railways) and
Manila Port Service
FACTS
On February 1, 1964, Esso filed a complaint for recovery
of money for loss and damage caused to four shipments
of goods consigned to it, which were handled by Manila
Railroad and Manila Port Service (arrastre operator).
Almost a year later, on January 7, 1966, on the basis of
another set of stipulation of facts, the City Court DISMISSED
the complaint.
Esso appealed to the CFI of Manila, and on September 23,
1965, CFI reversed the City Court’s decision.
Hence, this appeal before the SC.
ISSUE(S)
[1] Has Esso’s right to bring this action prescribed, since it
was brought one year from the date of discharge of the
shipments in question? [NO]
[2] Do the provisional claims satisfy the condition that the
“claim for value” should be filed within 15 days from the
date of discharge of the last package of the said shipments?
[YES]
RULING [1]
The right to bring the action has NOT prescribed.
• Upon examination of the Stipulation of Facts, We find
that the dates of last discharge from the vessels
"Genevieve Lykes...... Pioneer Moor", and "Pioneer Main"
are May 10, 1962, May 7, 1962, and May 30, 1962. The
provisional claims therefor have been filed on May 14,
1962, May 14, 1962, and May 30, 1962, respectively.
• As earlier pointed out, the dates of discharge from the
vessels "Genevieve Lykes," "Pionee Moor" and "Pioneer
Main" are May 10, 1962, May 7, 1962, and May 30, 1962,
respectively; that provisional claims therefor have all
been seasonably filed but that the same have not
been acted upon by Manila Railroad and Manila Port.
• Thus, said claims are then deemed constructively denied
upon the expiration of one year from May 10, 1962, May
7, 1962, and May 30, 1962 or more exactly on May 10,
1963, May 7,1963, and May 30, 1963, respectively.
• Counting from these dates the one-year period within
which action may be filed, this suit which has been
filed on February 1, 1964 has not yet been barred by
prescription.
RULING [2]
Contentions of Manila Railroad and Manila Port Service
• Manila Railroad contends that the said provisional claims
are not in compliance with Section 15 of the
Management Contract because the latter requires the
filing not merely of a “provisional claim” but of a “claim
for the value.” This argument lays much stress on the
terminological difference between a “provisional claim”
and a “claim for the value,” which distinction is, in our
opinion, of no consequential import.
How do we determine whether Section 15 of the
Management Contract have been complied with?
• Whether a claim, be it called a “Provisional claim” or
a “claim for the value,” has served the purpose of
giving the arrastre operator(s) reasonable
opportunity to check the validity of the claim while
the facts are still fresh in the minds of the persons
who took part in the transaction and while the
pertinent documents are still available
AS APPLIED TO THIS CASE:
• Upon perusal of the said provisional claims, We find that
they contain descriptions of the shipments in
question sufficient to have allowed Manila Railroad
to make a reasonable verification. 

• Manila Railroad contends that the said provisional do
not claim for actual and itemized goods lost or
damages but, instead, merely advise that the entire
shipments stated therein have been damaged and/or
short-delivered ex parte their respective carriers.
• It is not necessary that the said provisional claims
should state a detailed fist of the loss or damage
suffered by the said shipments; they only have to meet
the test earlier mentioned.
• The determination and preparation of the specific
amount of damages claimed should be done carefully
and without haste, and these can be done practically
only in a formal claim which can be filed even long after
a provisional claim has been filed. 

DISPOSITIVE PORTION
Decision appealed from is AFFIRMED IN TOTO.