Period of filing claims Flashcards
What is the period to file claim in case of damage to goods?
For coastwise or inter-island commerce (or carriage of goods within the Philippines):
When the damage is apparent, the claim should be filed immediately with the common carrier. Ifthe damage is not apparent, the notice must be filed within 24 hours from delivery.(Code of Commerce)
b. For international carriage (Foreign ports to Philippine ports): (COGSA)
If the damage is apparent, the notice must be filed upon discharge of goods. If it is not apparent, the notice must be given to the common carrier within three (3) days from delivery.166
Y shipped several boxes of goods from Mindoro to Batangas on board a vessel owned by Montenegro Shipping Lines, Inc. Upon opening of the goods, it was discovered that the goods had been damaged. It was only after three (3) days that a notice against the carrier was made by the consignee. Does the shipper have a cause of action against the carrier?
No. The notice or claim that is required to be made against the carrier under Article 366 of the Code of Commerce is a condition precedent to the accrual of a right of action against the latter for loss of, or damage to, the goods transported. Without such prior notice or claim having been made within the time allowed, no right of action against the carrier can rise in favor of the shipper or consignee.1
When does the 24-hour period for the filing of notice commence?
The 24-hour period within which claims must be presented does not begin to run until the consignee has received such possession of the merchandise that he may exercise over it the ordinary control pertinent to ownership. In other words, there must be delivery of the cargo by the carrier to the consignee at the place of destination.167
The giving of notice of loss or injury is a condition precedent to the action for loss or injury or the right to enforce the carrier’s liability. This notice requirement protects the carrier by affording it an opportunity to make an investigation of the claim while the matter is still fresh and easily investigated. It is meant to safeguard the carrier from false and fraudulent claims.168
’ It was also held that where the contract of shipment contains a reasonable requirement of giving notice of loss of or injury to the goods, (in this case, 30 days for filing a claim with the carrier for loss or damage) the giving of such notice is a condition precedent to the action for loss or injury or the right to enforce the carrier’s liability. Such requirement is not an empty formalism. The fundamental reason or purpose of such a stipulation is not to relieve the carrier from just liability, but reasonably to inform it that the shipment
