Roldan v. Lim Ponzo & Co., G.R. No. L-11325. Dec.

7, 1917

Facts:

Monico Roldan (Plain ) seeks to recover damages of PHP 3,780.12 for the alleged failure of
Lim Ponzo & Co. (Defendant) to live up to its contract for the transporta on of 2,244 packages
of sugar from the plain ’s hacienda to Iloilo. Lim Ponzo admits the execu on of the contract,
the receipt from Monico Roldan the 2,244 packages of sugar and the loss of a part of this sugar.
However the company insists that it should not be held responsible for its failure to carry out
the contract, because the the sugar was lost in a wreck in the river of Jalaud, without fault on
the part of the owner, patron, or the crew of the vessel. Out of the 2,244 packages of sugar, only
1,022 packages were saved.

The trial court dismissed the complaint on the ground that it was neither alleged or proved that
the plain had complied with the provisions of Sec on 366 of the Commercial Code. A er the
periods have elapsed, or a er the transporta on charges have been paid, no claim whatsoever
shall be admi ed against the carrier with regards to the condi on in which the goods
transported were delivered.

Issue:

WON the trial court erred in dismissing the case on the basis of Ar cle 366 of the Commercial
Code.

Ruling:

YES, Ar cle 366 of the Commercial Code is limited to cases of claims for damage goods actually
turned over by the carrier and received by the consignee, whether those damages be apparent
from the examina on of the packages in which the goods are delivered, or of such a character
that the nature and extent of the damage is not apparent un l the packages are opened and the
contents examined. It does not apply to cases where the goods entrusted to the carrier are not
delivered by the carrier to the consignee. The purpose of requiring the submission of claims in
pursuance of this ar cle is to compel the consignee of goods entrusted to a carrier to make
prompt demand for se lement of alleged damages su ered by the goods while in transport, so
that the carrier will be enabled to verify all such claims at the me of delivery or within twenty-
four hours.

Also, the necessity for making the claim in accordance with that ar cle did not arise if, as it is
alleged, these 1,022 packages of sugar were recovered from the wreck by the plain , himself,
in an e ort, by his own ac vi es, to save his property from total loss. The measures to be taken
under the terms of ar cle 367 of the Code when the par es are unable to arrive at an amicable
se lement of claims for damages set up in accordance with ar cle 366, quite clearly indicate
that the necessity for the presenta on of claims under this ar cle arises only in those cases
wherein the carrier makes delivery and the consignee receives the goods in pursuance of the
terms of the contract.
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