Article 85p. 85

COMMERCIAL LAWS NEGOTIABLE INSTRUMENTS, CORPORATION, INSURANCE, TRANSPORTATION, BANKING

October 22, 1936

COMMONWEALTH ACT NO. 65

AN ACT TO DECLARE THAT PUBLIC ACT NUMBERED

FIVE HUNDRED AND TWENTY-ONE, KNOWN AS

" CARRIAGE OF GOODS BY SEA ACT ," ENACTED BY THE

SEVENTY-FOURTH CONGRESS OF THE UNITED STATES,

BE ACCEPTED, AS IT IS HEREBY ACCEPTED BY THE

NATIONAL ASSEMBLY

WHEREAS, the Seventy-fourth Congress of the United

States enacted Public Act Numbered Five hundred and

twenty-one, entitled:

"Carriage of Goods by Sea Act";

WHEREAS, the primordial purpose of the said Act is to

bring about uniformity in ocean bills of lading and to give

effect to the Brussels Treaty, signed by the United States

with other powers;

WHEREAS, the Government of the United States has left

it to the Philippine Government to decide whether or not

the said Act shall apply to carriage of goods by sea in

foreign trade to and from Philippine ports;

WHEREAS, the said Act of Congress contains advanced

legislation, which is in consonance with modern maritime

rules and the practices of the great shipping countries of

the world;

WHEREAS, shipping companies, shippers, and marine

insurance

companies,

and

various

chambers

of

commerce, which are directly affected by such legislation,

have expressed their desire that said Congressional Act

be made applicable and extended to the Philippines;

therefore, be it enacted by the National Assembly of the

Philippines:

SECTION 1. That the provisions of Public Act Numbered

Five

hundred

and twenty-one of the Seventy-fourth

Congress

of

the

United

States,

approved

on

April

sixteenth, nineteen hundred and thirty-six, be accepted,

as it is hereby accepted to be made applicable to all

contracts for the carriage of goods by sea to and from

Philippine ports in foreign trade: Provided , That nothing

in this Act shall be construed as repealing any existing

provision of the Code of Commerce which is now in force,

or as limiting its application.

SECTION 2. This Act shall take effect upon its approval.

Approved: October 22, 1936

AN ACT RELATING TO THE CARRIAGE OF GOODS BY

SEA

Be

it

enacted

by

the

Senate

and

House

of

Representatives

of

the

United

States of America in

Congress assembled, That every bill of lading or similar

document of title which is evidence of a contract for the

carriage of goods by sea to or from ports of the United

States, in foreign trade, shall have effect subject to the

provisions of this Act.

TITLE I

SECTION 1. When used in this Act —

(a) The term "carrier" includes the owner or the charterer

who enters into a contract of carriage with a shipper.

(b)

The

term

"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) The term "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) The term "ship" means any vessel used for the carriage

of goods by sea.

(e) The term "carriage of goods" covers the period from

the time when the goods are loaded on to the time when

they are discharged from the ship.

Risks

SECTION 2. Subject to the provisions of section 6, 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 and entitled

to the rights and immunities hereinafter set forth.

Responsibilities and Liabilities

SECTION 3. (1) The carrier shall be bound, before and at

the beginning of the voyage, to exercise due diligence

to —

(a) Make the ship seaworthy;

(b) Properly man, equip, and supply the ship;

(c) Make the holds, refrigerating and cooling chambers,

and all other parts of the ship in which goods are carried,

fit and safe for their reception,carriage and preservation.

(2) The carrier shall properly and carefully load, handle,

stow, carry, keep, care for, and discharge the goods

carried.

(3) After receiving the goods into his charge the carrier, or

the master or agent of the carrier, shall, on demand of the

shipper, issue to the shipper a bill of lading showing

among other things —

(a) The leading marks necessary for identification of the

goods as the same are furnished in writing by the shipper

before the loading of such goods starts, provided such

marks are stamped or otherwise shown clearly upon the

goods if uncovered, or on the cases or coverings in which

such goods are contained, in such a manner as should

ordinarily remain legible until the end of the voyage.

(b) Either the number of packages or pieces, or the

quantity or weight, as the case may be, as furnished in

writing by the shipper.

(c) The apparent order and condition of the goods:

Provided ,That no carrier, master, or agent of the carrier,

shall be bound to state or show in the bill of lading any

marks,

number,

quantity,

or

weight

which

he

has

reasonable

ground

for

suspecting

not accurately to

represent the goods actually received, or which he has

had no reasonable means of checking.

(4) Such a bill of lading shall be prima facie evidence of

the

receipt

by

the

carrier of the goods as therein

described in accordance with paragraphs (3) (a),(b),and (c)

of this section: Provided ,That nothing in this Act shall be

construed as repealing or limiting the application of any

part of the Act, as amended, entitled "An Act relating to

bills

of

lading

in interstate and foreign commerce,"

approved

August

29,

1916

(U.S.C.,title

49,

secs.

81-124),commonly

known

as

the

"Pomerene

Bills

of

Lading Act."

(5) The shipper shall be deemed to have guaranteed to

the carrier the accuracy at the time of shipment of the

marks, number, quantity, and weight, as furnished by

him; and the shipper shall indemnify the carrier against

all loss, damages, and expenses arising or resulting from

inaccuracies in such particulars. The right of the carrier to

such indemnity shall in no way limit his responsibility and

liability under the contract of carriage to any person other

than the shipper.

(6) Unless notice of loss or damage and the general

nature of such loss or damage be given in writing to the

carrier or his agent at the port of discharge before or at

the time of the removal of the goods into the custody of

the person entitled to delivery thereof under the contract

of carriage, such removal shall be prima facie evidence of

© Compiled by RGL

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