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    Cogsa

    Uploaded by

    Kim Roque-Aquino
    This document discusses the applicability and key features of the Carriage of Goods by Sea Act (COGSA). COGSA applies to international maritime transportation of goods from a foreign port to the Philippines. It limits a carrier's liability to $500 per package, unless a higher value is declared. For noticed of damage, patent or obvious damage must be notified immediately, while latent or hidden damage within 3 days of delivery. Actions under COGSA for loss or damage to cargo must be filed within 1 year of delivery or the date goods should have been delivered.

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    Cogsa

    Uploaded by

    Kim Roque-Aquino
    165 views2 pages
    This document discusses the applicability and key features of the Carriage of Goods by Sea Act (COGSA). COGSA applies to international maritime transportation of goods from a foreign port to the Philippines. It limits a carrier's liability to $500 per package, unless a higher value is declared. For noticed of damage, patent or obvious damage must be notified immediately, while latent or hidden damage within 3 days of delivery. Actions under COGSA for loss or damage to cargo must be filed within 1 year of delivery or the date goods should have been delivered.

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    cogsa

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    This document discusses the applicability and key features of the Carriage of Goods by Sea Act (COGSA). COGSA applies to international maritime transportation of goods from a foreign port to the Philippines. It limits a carrier's liability to $500 per package, unless a higher value is declared. For noticed of damage, patent or obvious damage must be notified immediately, while latent or hidden damage within 3 days of delivery. Actions under COGSA for loss or damage to cargo must be filed within 1 year of delivery or the date goods should have been delivered.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    165 views2 pages

    Cogsa

    Uploaded by

    Kim Roque-Aquino
    This document discusses the applicability and key features of the Carriage of Goods by Sea Act (COGSA). COGSA applies to international maritime transportation of goods from a foreign port to the Philippines. It limits a carrier's liability to $500 per package, unless a higher value is declared. For noticed of damage, patent or obvious damage must be notified immediately, while latent or hidden damage within 3 days of delivery. Actions under COGSA for loss or damage to cargo must be filed within 1 year of delivery or the date goods should have been delivered.

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    III.

    CARRIAGE OF GOODS BY SEA


    ACT/COGSA (C.A. No. 65)
    APPLICABILITY
    The transportation must be:
    1. Water/maritime transportation;
    2. for the carriage of goods; and
    3. overseas/international/foreign
    (from foreign port to Philippine
    port).
    It can be applied in domestic sea
    transportation if agreed upon by the
    parties.
    (Clause
    paramount
    or
    paramount clause)
    IMPORTANT FEATURES:
    1. Amount of carriers liability
    2. Notice of damage
    3. Prescriptive period
    AMOUNT OF CARRIERS LIABILITY
    Under the Sec. 4(5), the liability
    limit is set at $500 per package or
    customary freight unit unless the
    nature and value of such goods is
    declared by the shipper.
    This is
    deemed incorporated in the bill of
    lading even if not mentioned in it.
    (Eastern Shipping vs. IAC, 150 SCRA
    463)
    Note that Art. 1749, NCC applies to
    domestic/inter-island/coastwise trade.
    NOTICE OF DAMAGE (SEC. 3(6))
    Rules:
    a. Patent damage: shipper should file
    a
    claim
    with
    the
    carrier
    immediately upon delivery
    b. Latent damage: shipper should file
    a claim with the carrier within three
    days from delivery.

    (Mitsui O.S.K. Lines Ltd. vs. CA). In


    such instance the, Civil Code rules on
    prescription shall apply.
    The one-year prescriptive period is
    suspended by:
    1. The express agreement of the
    parties
    (Universal
    Shipping
    Lines, Inc. vs. IAC, 188 SCRA
    170)
    2. The filing of an action in court
    until it is dismissed. (Stevens &
    Co. vs. Nordeutscher Lloyd, 6
    SCRA 180)
    The one-year period shall run from
    delivery of the last package and is not
    suspended by extrajudicial demand.
    (Dole Phils.,Inc. vs. Maritime Co.,148
    SCRA 118)
    The one-year period shall run from
    delivery to the arrastre operator and
    not to the consignee. (Union Carbide
    Phils, Inc. vs. Manila Railroad Co.,SCRA
    359)
    The insurer exercising its right of
    subrogation is bound by the one-year
    prescriptive period. However, it does
    not apply to the claim against the
    insurer for the insurance proceeds.
    (Fil. Merchants Ins. Co. vs. Alejandro;
    Mayer Steel Pipe Corp. vs. CA)
    ARTICLE 366
    Applicability
    Domestic/inter1.
    island/coastwise
    transportation
    Land, water, air
    transportation
    Carriage
    of
    goods

    Note: The filing of a notice of claim is


    not a condition precedent.
    PRESCRIPTIVE PERIOD
    Action for loss or damage to the
    cargo should be brought within one
    year after:
    a. Delivery of the goods (delivered
    but damaged goods); or
    b. The date when the goods
    should have been delivered
    (non-delivery). (Sec. 3[6])
    Loss or Damage as applied to the
    COGSA contemplates a situation
    where no delivery at all was made by
    the shipper of the goods because the
    same had perished, gone out of
    commerce, or disappeared in such a
    way that their existence is unknown or
    they cannot be recovered. Thus, it is
    inapplicable in case of misdelivery or
    conversion.
    (Ang
    vs.
    American
    Steamship Agencies Inc.) and damage
    arising from delay or late delivery

    COGSA Sec.3
    (6)
    International/
    overseas/foreig
    n (from foreign
    country
    to
    Phils.)
    Note: subject to
    the
    rule
    on
    Paramount
    Clause
    2.
    Water/maritime
    transportation
    3. Carriage of
    goods

    Notice of damage
    Condition
    1. Not a condition
    precedent
    precedent
    2. 24-hour period 2. 3-day period for
    for claiming
    claiming latent
    latent damage
    damage
    1.

    Prescriptive period
    None
    provided; One year from
    Civil
    Code the
    date
    of
    applies.
    delivery
    (delivered
    but
    damaged
    goods), or date
    when the vessel
    left port or from

    the
    date
    of
    delivery to the
    arrastre
    (non-

    delivery
    loss).

    or

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