REYMA BROKERAGE, INC., vs. PHILIPPINE HOME ASSURANCE CORPORATION (TRANSPORTATION LAW)

G.R. No. 93464 October 7, 1991

REYMA BROKERAGE, INC., petitioner,
vs.
PHILIPPINE HOME ASSURANCE CORPORATION, and THE HONORABLE COURT OF APPEALS, respondents.

SARMIENTO, J.:

 FACTS:

On October 2, 1979, the vessel 'MS Malmros Monsoon' received onboard at Fremantle, Brisbane Queensland, Australia from shipper Craig Mostyn & Co., Pty. Ltd. (of Brisbane, Queensland) a shipment of 2,680 cartons of hard frozen boneless beef contained in five (5) containers complete and in good order and condition for transport to Manila in favor of the eventual consignee RFM Corp. under Bill of Lading No. 53149, dated October 2, 1979. On October 13, 1979, the MS 'Malmros Monsoon' arrived at Pier 3 of the Port of Manila and discharged the shipment into the possession and custody of the defendant, the arrastre operator in the case at bar. From Pier 3, the shipment was transferred to the Reefer Van Area of Pier 13 and on October 22, 1979, the defendant arrastre contractor loaded the containers in two (2) trucks and delivered them to Grech Food Industries Cold Storage in Pasig, Rizal arriving there at 1:00 o'clock A.M., the following morning, October 23, 1979. Four (4) personnel of defendant, a driver and a helper in each truck made the delivery. On October 23, 1979 at 9:00 o'clock in the morning, the containers were stripped and the representative of the defendant and consignee counted the contents of five (5) containers and after an inventory of Container No. BROU-430656[1], it was discovered that 203 cartons were found short out of the loaded 2,680 cartons of hard frozen boneless beef which according to the consignee was totally attributable to the defendant as it occurred while the said container in question was in the custody and responsibility of the defendant. Consignee filed claim for the recovery of the missing 203 cartons but the same was denied and consequently, consignee filed the claim with the plaintiff under its Marine Cargo Insurance Policy. The consignee was paid by plaintiff the amount of P88, 658.22. The payment of consignee's claim by the plaintiff had subrogated the latter to file this instant claim for the recovery of the said amount.

 

ISSUE:

Whether the petitioner be held liable for the shortage of the containerized goods.

 

RULING:

Yes, it must be noted that the bill of lading itself contains the printed stipulations:

x x x Weight, measurement marks and numbers (except loading marks for which the carrier is only responsible if stamped or otherwise shown clearly in letters at least 50 mm high) quality contents and value shown above are furnished by the Merchant and have not been checked and are to be considered unknown, unless expressly acknowledged and agreed to.

And in the bottom portion of the bill of lading there appears the statement:

“This bill of lading is a receipt only for the number of packages shown above which was duly signed by the carrier”.

Evidently, the carrier, by signifying in the bill of lading that "it is a receipt ... for the number of packages shown above," had explicitly admitted that the containerized shipments had actually the number of packages declared by the shipper in the bill of lading. And this conclusion is bolstered by the stipulation printed in the bill of lading, "Unless expressly acknowledged and agreed to." Therefore, the phrase "said to contain" also appearing in the bill of lading must give way to this reality.

Hence, this express acknowledgment of the carrier makes the case at bar an exception to the doctrine enunciated in United States Lines. The rule enunciated by United States Lines applies to a situation where the carrier of the containerized cargo simply admits the information furnished by the shipper with regard to the goods it shipped as reflected in the bill of lading ("said to contain") but not where the carrier of the containerized cargo makes an explicit admission as to the weight, measurement marks, numbers, quality contents, and value, and more so inscribed these admissions as stipulations in the bill of lading itself, or made them an addendum thereto, to which the carrier affixed its express acknowledgment as what happened in this case. In its stead, the dictum that the bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described governs. I was held that:

... [A] Bill of lading operates both as a receipt and as a contract. It is a receipt for the goods shipped and a contract to transport and deliver the same as therein stipulated. As a receipt, it recites the date and place of shipment, describes the goods as to quantity, weight, dimensions, Identification marks and condition, quality, and value. As a contract it names the contracting parties, which include the consignee, fixes the route, destination, and freight rates or charges, and stipulates the rights and obligations assumed by the parties.