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    G.R. No. L-36481-2: Transportation Case Digest: Servando V. Philippine Steam Navigation Co. (1982)

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    1) Clara Uy Bico and Amparo Servando shipped goods on a Philippine Steam Navigation Co. vessel from Manila to Negros Occidental under a bill of lading that exempted the carrier from liability for losses due to force majeure or acts of God. 2) Upon arrival, the goods were unloaded in good order into a customs warehouse, which then burned down later that day, destroying the goods. 3) The Philippine Steam Navigation Co. refused liability, citing the bill of lading exemption. The Supreme Court ruled in favor of the carrier, finding the fire to be an unforeseeable caso fortuito.

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    G.R. No. L-36481-2: Transportation Case Digest: Servando V. Philippine Steam Navigation Co. (1982)

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    1) Clara Uy Bico and Amparo Servando shipped goods on a Philippine Steam Navigation Co. vessel from Manila to Negros Occidental under a bill of lading that exempted the carrier from liability for losses due to force majeure or acts of God. 2) Upon arrival, the goods were unloaded in good order into a customs warehouse, which then burned down later that day, destroying the goods. 3) The Philippine Steam Navigation Co. refused liability, citing the bill of lading exemption. The Supreme Court ruled in favor of the carrier, finding the fire to be an unforeseeable caso fortuito.

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    Servando V. Philippine Steam

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    1) Clara Uy Bico and Amparo Servando shipped goods on a Philippine Steam Navigation Co. vessel from Manila to Negros Occidental under a bill of lading that exempted the carrier from liability for losses due to force majeure or acts of God. 2) Upon arrival, the goods were unloaded in good order into a customs warehouse, which then burned down later that day, destroying the goods. 3) The Philippine Steam Navigation Co. refused liability, citing the bill of lading exemption. The Supreme Court ruled in favor of the carrier, finding the fire to be an unforeseeable caso fortuito.

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    Download as PDF, TXT or read online from Scribd
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    65 views1 page

    G.R. No. L-36481-2: Transportation Case Digest: Servando V. Philippine Steam Navigation Co. (1982)

    Uploaded by

    Contributor
    1) Clara Uy Bico and Amparo Servando shipped goods on a Philippine Steam Navigation Co. vessel from Manila to Negros Occidental under a bill of lading that exempted the carrier from liability for losses due to force majeure or acts of God. 2) Upon arrival, the goods were unloaded in good order into a customs warehouse, which then burned down later that day, destroying the goods. 3) The Philippine Steam Navigation Co. refused liability, citing the bill of lading exemption. The Supreme Court ruled in favor of the carrier, finding the fire to be an unforeseeable caso fortuito.

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    Transportation Case Digest: Servando V. Philippine Steam Navigation Co.

    (1982)

    G.R. No. L-36481-2 October 23, 1982

    Lessons Applicable: Contract of Adhesion (Transportation)


    Laws Applicable: Article 1736, Article 1174

    FACTS:
    § Clara Uy Bico (1,528 cavans of rice worth P40,907.50) and Amparo Servando (44 cartons of
    colored paper toys and general merchandise worth P1,070.50) loaded on board Philippine
    Steam Navigation Co.'s vessel, FS-176 for carriage from Manila to Pulupandan, Negros
    Occidental
    § Bill of Lading:
    § Clause 14. Carrier shall not be responsible for loss or damage to shipments
    billed 'owner's risk' unless such loss or damage is due to negligence of carrier.
    Nor shall carrier be responsible for loss or damage caused by force majeure,
    dangers or accidents of the sea or other waters; war; public enemies; . . . fire
    . ...
    § Upon arrival of the vessel at Pulupandan, in the morning of November 18, 1963, the cargoes
    were discharged, complete and in good order, unto the warehouse of the Bureau of Customs
    § 2 pm: warehouse was razed by fire
    § Before the fire, 907 cavans of rice were delivered by Uy Bico
    § Uy Bico and Servando filed a claim for the value but was rejected by Philippine Steam
    § CFI: favored UY Bico and Sercando
    § delivery of the shipment in question to the warehouse of the Bureau of Customs is not
    the delivery contemplated by Article 1736
    ISSUE: W/N Philippine Steam should not be liable because of the stipulation in the bill of lading exempting
    it from fortuitous event

    HELD: YES. set aside


    § Agreement was in iteration of
    § Article 1174. Except in cases expressly specified by the law, or when it is otherwise
    declared by stipulation, or when the nature of the obligation requires the assumption
    of risk, no person shall be responsible for those events which could not be foreseen,
    or which, though foreseen, were inevitable.
    § 'caso fortuito' presents the following essential characteristics: (1) the cause of the unforeseen
    and unexpected occurrence, or of the failure of the debtor to comply with his obligation, must
    be independent of the human will; (2) it must be impossible to foresee the event which
    constitutes the 'caso fortuito', or if it can be foreseen, it must be impossible to avoid; (3) the
    occurrence must be such as to render it impossible for the debtor to fulfill his obligation in a
    normal manner; and (4) the obligor must be free from any participation in the aggravation of
    the injury resulting to the creditor." In the case at bar, the burning of the customs warehouse
    was an extraordinary event which happened independently of the will of the appellant. The
    latter could not have foreseen the event.
    § nothing in the record to show that appellant carrier ,incurred in delay in the performance of its
    obligation

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