Case Digest (G.R. No. L-30805)
Facts:
The case involves Domingo Ang as the plaintiff-appellant against Compania Maritima, Maritime Company of the Philippines, and C. L. Diokno as the defendants-appellees. The events leading to the case began on May 25, 1961, when 559 packages of galvanized steel, specifically Durzinc sheets, were loaded onto the M/S Luzon, a vessel owned and operated by the defendants, in Yawata, Japan. The cargo was intended for transport to Manila and was consigned "to order" of the shipper, Tokyo Boeki, Ltd., which subsequently endorsed the bill of lading to Yau Yue Commercial Bank, Ltd. of Hong Kong. On September 26, 1963, Ang, as the assignee of the bill of lading, filed a lawsuit against the defendants, seeking to recover damages amounting to US$130,539.68, plus interest from February 9, 1963, attorney's fees, and other damages. Ang alleged that the defendants had improperly authorized the delivery of the cargo to Herminio G. Teves, who received the goods from the Bureau of Cu...
Case Digest (G.R. No. L-30805)
Facts:
1. Parties Involved:
- Plaintiff-Appellant: Domingo Ang, assignee of a bill of lading held by Yau Yue Commercial Bank, Ltd. of Hongkong.
- Defendants-Appellees: Compania Maritima, Maritime Company of the Philippines, and C. L. Diokno.
2. Transaction Details:
- Yau Yue Commercial Bank agreed to sell 559 packages of galvanized steel, Durzinc sheets, to Herminio G. Teves under certain conditions.
- The merchandise was loaded on May 25, 1961, in Yawata, Japan, aboard the M/S Luzon, a vessel owned and operated by the defendants.
- The cargo was consigned "to order" of the shipper, Tokyo Boeki, Ltd., which indorsed the bill of lading to Yau Yue Commercial Bank.
3. Alleged Misdelivery:
- The defendants authorized the delivery of the cargo to Teves through a permit to deliver imported articles.
- Teves obtained the cargo from the Bureau of Customs without surrendering the bill of lading, violating its terms.
- Teves dishonored the draft drawn by Yau Yue against him.
- The bill of lading was indorsed to Domingo Ang after the Hongkong and Shanghai Banking Corporation protested the dishonored draft.
4. Legal Action:
- On September 26, 1963, Ang sued the defendants, seeking payment of US$130,539.68 with interest, attorney's fees, and damages.
- The trial court dismissed the complaint on May 22, 1964, citing lack of cause of action and prescription (filed beyond the one-year period under the Carriage of Goods by Sea Act).
Issue:
- (Unlock)
Ruling:
- (Unlock)
Ratio:
- Cause of Action: A consignee or indorsee of a bill of lading has a valid cause of action against a carrier for misdelivery of cargo.
- Prescription: The one-year prescriptive period under the Carriage of Goods by Sea Act applies only to claims for loss of cargo, not misdelivery. Misdelivery claims are governed by the Civil Code's prescriptive periods for quasi-delicts (four years) or breach of contract (ten years).
- Real Party in Interest: The indorsee of a bill of lading is a real party in interest entitled to sue for damages arising from the carrier's breach of contractual obligations.