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Chapter 5 - The acceptance of the bill without dissent

raises the presumption that all the terms


Bill of Lading (BOL) therein were brought to the knowledge of the
- a written acknowledgement, signed by the shipper and agreed to by him, and in the
master of a vessel or other authorized agent of absence of fraud or mistake, he is stopped
the carrier, that he has received the described thereafter from denying that he assented to
goods from the shipper, to be transported on such claims (whether he reads the bill or not)
the expressed terms to be described the place
of destination, and to be delivered to the THE 3-FOLD NATURE OF THE BILL OF LADING
designated consignees of the parties. - The three fold nature of a bill of lading is
- It operates as a (1) RECEIPT (2) as a obviously applicable only to carriage of goods
CONTRACT (3) as a DOCUMENT OF TITLE. - As receipt and document of title: issued for
goods
A BOL is not necessary for the perfection of a contract - As contract: applies to tickets issued to
of carriage. Thus, the obligation to exercise passengers
extraordinary diligence by the carrier is still required
even if there is no bill of lading. PARTIES
Shipper and Carrier
In the absence of the bill of lading, disputes shall be The consignee can be said to be a party in the
determined on the basis of the provisions in the New Civil BOL because the carrier under a bill of lading
Code and suppletory by the Code of Commerce. owes an obligation. Thus in the BOL, the parties
with rights and or obligations are the shipper,
KINDS of BILL of LADING: carrier and the cosignee.

1. Clean Bill of CONTRACTS OF ADHESION


Does not contain any notation indicating any defect
Lading in the goods. - It is to be construed liberally in favor of the
2. Foul Bill of One that contains the abovementioned notation. shipper who adhered to such bill as it is a
Lading contract of adhesion. The only participation of
3. Spent Bill of The goods are already delivered but the bill of the party is the signing of his signature or his
Lading lading was not yet returned (upon delivery, the adhesion thereto.
carrier is supposed to retrieve the covering bill of- The shipper or passenger is bound by the
the goods) terms and conditions if there is no occasion to
speak of ambiguities or obscurities
4. Through Bill Issued by a carrier who is obliged to use the facilities
- If the words appear to be contrary to the
of Lading of other carriers as well as his own facilities for the
purpose of transporting the goods from the city of evident intention of the parties, the latter shall
the seller to the city of the buyer, which BOL is prevail over the former
honored by the second and other interested carriers
who dont issue their own BOL. PAROLE EVIDENCE RULE
- BOL is covered by the parol evidence rule, that
5. On Board Bill -states that the goods have been received on board the terms of the contract are conclusive upon
the vessel which is to carry the goods. the parties and evidence aliunde is not
-apparently guarantees the certainty of shipping as admissible to vary or contradict a complete
well as the seaworthiness of the vessel to carry the enforceable agreement, subject to well defined
goods. exceptions
-basically means that the goods are already inside-
the vessel BILL OF LADING AS EVIDENCE
6. Received for -states that the goods have been received for- The BOL is the legal evidence of the contract
Shipment Bill shipment with or without specifying the vessel by and the entries thereof constitutes prima facie
which the goods are to be shipped. evidence of the contract.
-issued when conditions are not normal and there is- All the essential elements of a valid contract
insufficiency of shipping space. (cause, consent, object) are present when such
bill are issued.
7. Custody Bill The goods are already receied by the carrier but the
of Lading vessel indicated therein has not yet arrived inBASIC
the STIPULATIONS
port. - Provided for in the Code of Commerce
8. Port Bill of The vessel indicated in the BOL that will transport- (for overland transportation, maritime
Lading the goods is already in the port. commerce and electronic documents, please
refer to the textbook for the codal pp. 203-210)

Nature of BOL PROHIBITED AND LIMITING STIPULATION


1. RECEIPT
2. CONTRACT 1. Exempting the carrier from any and all liability
3. DOCUMENT OF TITLE for loss or damage occasioned by its own
negligence - INVALID as it is contrary to public
Effectivity of BOL policy.
- upon its delivery to and acceptance by the 2. Parties may stipulate that the diligence to be
shipper. exercised by the carrier for the carriage of
goods be less than extraordinary diligence if it the safety of passengers as required in articles 1733
is: and 1755 cannot be dispensed with or lessened by
a. in writing and signed by both parties stipulation, by the posting of notices, by statements on
b. supported by a valuable tickets, or otherwise.
consideration other than the service
rendered by the common carrier
STIPULATION FIXING THE LIMIT OF RECOVERY
c. the stipulation is just, reasonable
Requisites
and not contrary to law.
1. it is reasonable and just under the
3. Providing an unqualified limitation of such
circumstances and
liability to an agreed valuation - INVALID
2. it is fairly and free agreed upon.
4. Limiting the liability of the carrier to an agreed
valuation unless the shipper declares a higher
RIOTS AND STRIKES
value and pays a higher rate of freight- VALID
and ENFORCEABLE.
Article 1748. An agreement limiting the common
carrier's liability for delay on account of strikes or riots is
valid.
Note: the purpose of limiting stipulations in the bill of
lading is to protect th common carrier. Such stipulation
WHEN STIPULATION LIMITING CANNOT BE INVOKED.
obliges the shipper/consignee to notify the common
The carrier cannot invoke limiting the stipulation in the
carrier of the amount that the latter may be liable for in
carriage of goods in the following cases.
case of loss of the goods
1. when the agreement limiting the CCs liability
annulled by the shipper or owner if the CC
Remember:
refused to carry the goods unless the former
1. The parties cannot stipulate so as to totally
agreed to such stipulation
exempt the carrier from exercising any degree
2. if the carrier delays in the transportation of the
of diligence whatsoever
goods
2. The parties cannot stipulate that the common
3. if the carrier changes the stipulated or usual
carrier shall exercise diligence less than the
route
diligence of a good father of a family
4.
PRESUMPTION OF NEGLIGENCE
the presence of limiting stipulation does not remove the
duty to exercise extraordinary diligence in the
transportation of goods

Article 1752. Even when there is an agreement limiting


the liability of the common carrier in the vigilance over
the goods, the common carrier is disputably presumed to
have been negligent in case of their loss, destruction or
deterioration.

-The parties cannot stipulate so as to totally exempt the


carrier from exercising any degree of diligence
whatsoever
-The parties cannot stipulate that the common carrier
shall exercise diligence less than the diligence of a good
father of a family

STIPULATION REDUCING DILIGENCE


The parties cannot stipulate so as to totally exempt the
carrier from exercising any diligence or less than the
diligence of a good father of a family. However, they may
stipulate that it be less than the extraordinary diligence
REQUISITES
1. the stipulation is in writing and signed by both
parties
2. the stipulation is supported by a valuable
consideration other than the service rendered
by the CC
3. the stipulation is reasonable just and not
contrary to law
REDUCTION OF DILIGENCE NOT ALLOWED FOR
PASSENGERS

Article 1757. The responsibility of a common carrier for