Background of the COGSA

TIMELINE:
April 16, 1936
Public Act No. 521 aka COGSA was approved by the 74th US
Congress

October 22, 1936

COGSA was made applicable to the Philippines upon the election
and approval of Commonwealth Act No. 55 by the National
Assembly of the Commonwealth Government

1936-1950
COGSA governed contracts of carriage of goods by sea from the
US to Philippine ports.

August 30, 1950

the New Civil Code of 1949 (RA 386) came into effect

Purpose of the COGSA

governs the rights and responsibilities
between shippers of cargo and shipowners regarding ocean shipments
defines the terms used in shipping
prescribes the maximum amount for the
limitation of the ship-owners liability
stipulates the period for prescription

Applicability of the COGSA

REQUISITES
1.There must be a contract of carriage
between the ship-owner or its agent and the
shipper;
2.The contract must be for the carriage of
goods;
3.For transportation by sea; and
4.in foreign trade, UNLESS expressly agreed
upon by the parties to apply in domestic
shipping.

Applicability of the COGSA

GOVERNING LAW
1. Private Carrier coming to the
Philippines
First: COGSA
Second:
Code of Commerce
Third: Civil Code as to provisions
for damages, torts, and
contracts

Applicability of the COGSA

GOVERNING LAW
2. Common Carrier coming to the
Philippines
First: Civil Code provisions
on common carriers
Second:
COGSA
Third: Code of Commerce

Applicability of the COGSA

GOVERNING LAW
3. Private or Common Carrier going to
a foreign country
General Rule: Law of the country of
destination as provided by Art. 1753
of the Civil Code
Exception: Expressly agreed upon
by the parties

DEFINITION OF TERMS
(Sec.1)
(a) "carrier" includes the owner or the charterer who enters into a contract
of carriage with a shipper.
(b) "contract of carriage" applies only to contracts of carriage covered by
a bill of lading or any similar document of title, insofar as such document
relates to the carriage of goods by sea, including any bill of lading or any
similar document as aforesaid issued under or pursuant to a charter party
from the moment at which such bill of lading or similar document of title
regulates the relations between a carrier and a holder of the same.
(c) "goods" includes goods, wares, merchandise, and articles of every kind
whatsoever, except live animals and cargo which by the contract of
carriage is stated as being carried on deck and is so carried.
(d) "ship" means any vessel used for the carriage of goods by sea.
(e) "carriage of goods" covers the period from the time when the goods
definitiare loaded on to the time when they are discharged from the ship.

RISKS (Sec. 2)
General Rule is that
under every contract of carriage of
goods by sea, the carrier in relation to
the loading, handling, stowage,
carriage, custody, care and discharge
of such goods, shall be subject to the
responsibilities
and
liabilities
in
Section 3 and entitled to the rights
and immunities in Section 4.