Notice of Claim: Philippine Charter Insurance Corporation vs. Chemoil Lighterage Hite Gold Corporation Issues

Notice of Claim
PHILIPPINE CHARTER INSURANCE CORPORATION VS. CHEMOIL LIGHTERAGE HITE

GOLD CORPORATION ISSUES
G.R. No. 136888, June 29, 2005 1. Whether or not the Notice of Claim was filed within the required period.
2. Whether or not the damage to the cargo was due to the fault or negligence of
FACTS the respondent.
Philippine Charter Insurance Corporation is a domestic corporation engaged in
the business of non-life insurance. Respondent Chemoil Lighterage Corporation is also a HELD
domestic corporation engaged in the transport of goods. On 24 January 1991, Samkyung Article 366 of the Code of Commerce has profound application in the case at
Chemical Company, Ltd., based in South Korea, shipped 62.06 metric tons of the liquid bar, which provides that; “Within twenty-four hours following the receipt of the
chemical DIOCTYL PHTHALATE (DOP) on board MT “TACHIBANA” which was valued at merchandise a claim may be made against the carrier on account of damage or average
US$90,201.57 and another 436.70 metric tons of DOP valued at US$634,724.89 to the found upon opening the packages, provided that the indications of the damage or
Philippines. The consignee was Plastic Group Phils., Inc. in Manila. PGP insured the cargo average giving rise to the claim cannot be ascertained from the exterior of said
with Philippine Charter Insurance Corporation against all risks. The insurance was under packages, in which case said claim shall only be admitted at the time of the receipt of
Marine Policies No. MRN-30721[5] dated 06 February 1991. Marine Endorsement No. the packages.” After the periods mentioned have elapsed, or after the transportation
2786[7] dated 11 May 1991 was attached and formed part of MRN-30721, amending charges have been paid, no claim whatsoever shall be admitted against the carrier with
the latter’s insured value to P24,667,422.03, and reduced the premium accordingly. The regard to the condition in which the goods transported were delivered.
ocean tanker MT “TACHIBANA” unloaded the cargo to the tanker barge, which shall
transport the same to Del Pan Bridge in Pasig River and haul it by land to PGP’s storage As to the first issue, the petitioner contends that the notice of contamination
tanks in Calamba, Laguna. Upon inspection by PGP, the samples taken from the was given by PGP employee, to Ms. Abastillas, at the time of the delivery of the cargo,
shipment showed discoloration demonstrating that it was damaged. PGP then sent a and therefore, within the required period. The respondent, however, claims that the
letter where it formally made an insurance claim for the loss it sustained. supposed notice given by PGP over the telephone was denied by Ms. Abastillas. The
Petitioner requested the GIT Insurance Adjusters, Inc. (GIT), to conduct a Court of Appeals declared:that a telephone call made to defendant-company could
Quantity and Condition Survey of the shipment which issued a report stating that DOP constitute substantial compliance with the requirement of notice. However, it must be
samples taken were discolored. Inspection of cargo tanks showed manhole covers of pointed out that compliance with the period for filing notice is an essential part of the
ballast tanks’ ceilings loosely secured and that the rubber gaskets of the manhole covers requirement, i.e.. immediately if the damage is apparent, or otherwise within twenty-
of the ballast tanks re-acted to the chemical causing shrinkage thus, loosening the four hours from receipt of the goods, the clear import being that prompt examination of
covers and cargo ingress. Petitioner paid PGP the full and final payment for the loss and the goods must be made to ascertain damage if this is not immediately apparent. We
issued a Subrogation Receipt. Meanwhile, PGP paid the respondent the as full payment have examined the evidence, and We are unable to find any proof of compliance with
for the latter’s services. the required period, which is fatal to the accrual of the right of action against the
On 15 July 1991, an action for damages was instituted by the petitioner-insurer carrier.
against respondent-carrier before the RTC, Br.16, City of Manila. Respondent filed an Nothing in the trial court’s decision stated that the notice of claim was relayed
answer which admitted that it undertook to transport the shipment, but alleged that or filed with the respondent-carrier immediately or within a period of twenty-four hours
before the DOP was loaded into its barge, the representative of PGP, Adjustment from the time the goods were received. The Court of Appeals made the same finding.
Standard Corporation, inspected it and found the same clean, dry, and fit for loading, Having examined the entire records of the case, we cannot find a shred of evidence that
thus accepted the cargo without any protest or notice. As carrier, no fault and will precisely and ultimately point to the conclusion that the notice of claim was timely
negligence can be attributed against respondent as it exercised extraordinary diligence relayed or filed.
in handling the cargo. After due hearing, the trial court rendered a Decision in favor of
plaintiff. On appeal, the Court of Appeals promulgated its Decision reversing the trial The requirement that a notice of claim should be filed within the period stated
court. A petition for review on certiorar[ was filed by the petitioner with this Court. by Article 366 of the Code of Commerce is not an empty or worthless proviso.
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Notice of Claim
The object sought to be attained by the requirement of the submission of
claims in pursuance of this article is to compel the consignee of goods
entrusted to a carrier to make prompt demand for settlement of alleged
damages suffered by the goods while in transport, so that the carrier will be
enabled to verify all such claims at the time of delivery or within twenty-four
hours thereafter, and if necessary fix responsibility and secure evidence as to
the nature and extent of the alleged damages to the goods while the matter is
still fresh in the minds of the parties.
The filing of a claim with the carrier within the time limitation therefore
actually constitutes a condition precedent to the accrual of a right of action against a
carrier for loss of, or damage to, the goods. The shipper or consignee must allege and
prove the fulfillment of the condition. If it fails to do so, no right of action against the
carrier can accrue in favor of the former. The aforementioned requirement is a
reasonable condition precedent; it does not constitute a limitation of action.
We do not believe so. As discussed at length above, there is no evidence to
confirm that the notice of claim was filed within the period provided for under Article
366 of the Code of Commerce. Petitioner’s contention proceeds from a false
presupposition that the notice of claim was timely filed.
Considering that we have resolved the first issue in the negative, it is therefore
unnecessary to make a resolution on the second issue.
EXEMPTION SHOULD BE PROVEN IN ORDER TO QUALIFY UNDEREXCEPTION CLAUSE OF

INSURANCE POLICY
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Notice of Claim: Philippine Charter Insurance Corporation vs. Chemoil Lighterage Hite Gold Corporation Issues

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Notice of Claim

PHILIPPINE CHARTER INSURANCE CORPORATION VS. CHEMOIL LIGHTERAGE HITE

EXEMPTION SHOULD BE PROVEN IN ORDER TO QUALIFY UNDEREXCEPTION CLAUSE OF

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