Article 88p. 88

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

whether

before

or

after

such

date

of

approval

in

pursuance of any such contract as aforesaid.

SECTION 16. This Act may be cited as the "Carriage of

Goods by Sea Act."

Approved: April 16, 1936

Public Act No 521 | Carriage of Goods by

Sea Act

October 22, 1936

PUBLIC ACT NO. 521

CARRIAGE OF GOODS BY SEA ACT

SECTION 1. That the provisions of Public Act No. 521 of the

7th Congress of the United States, approved on April 16,

1936, 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).

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 by 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 character 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 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 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 loading 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, 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 conditions 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 good 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:

(The

rest of the provision is not

applicable to the Philippines).

(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 or loss or damage and the general

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

carrier or his agent at the port of discharge 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

the delivery by the carrier of the goods as described in

the bill of lading. If the loss or damage is not apparent,

the notice must be given within three days ofthe delivery.

Said notice of loss or damage may be endorsed upon the

receipt for the goods given by the person taking delivery

thereof.

The notice in writing need not be given if the state of the

goods has at the time of their receipt been the subject of

joint survey or inspection.

In any event the carrier and the ship shall be discharged

from all liability in respect of loss or damage unless suit is

brought within one year after delivery of the goods or the

date

when

the

goods

should

have

been delivered:

Provided, that, if a notice of loss or damage, either

apparent or concealed, is not given as provided for in this

section, that fact shall not affect or prejudice the right of

the shipper to bring suit within one year after the delivery

of the goods or the date when the goods should have

been delivered.

In the case of any actual or apprehended loss or damage,

the carrier and the receiver shall give all reasonable

facilities to each other for inspecting and tallying the

goods.

(7) After the goods are loaded the bill of lading to be

issued by the carrier, master, or agent of the carrier to the

shipper shall if the shipper so demands, be a "shipped"

bill of lading: Provided, that if the shipper shall have

previously taken up any document of title to such goods,

he shall surrender the same as against the issue of the

"shipped" bill of lading, but at the option of the carrier

such document of title may be noted at the port of

shipment by the carrier, master, or agent with the name

or names of the ship or ships upon which the goods have

been shipped and the date or dates of shipment, and

when so noted the same shall for the purpose of this

section be deemed to constitute a "shipped" bill of lading.

(8) Any clause, covenant, or agreement in a contract of

carriage relieving the carrier of the ship from liability for

loss or damage to or in connection with the goods,

© Compiled by RGL

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