G.R. No. 125524, 25 August 1999, 313 SCRA 77


Petitioner Macam exported 3,500 boxes of watermelons and 1,611 boxes of fresh mangoes. The shipment was bound for Hongkong with PAKISTAN BANK as consignee and Great Prospect Company of Kowloon, Hongkong (hereinafter GPC) as notify party. The bill of lading stated that one of the bill must be presented by the Pakistan Bank as consignee and GPC as the notify party. However, upon arrival in Hong Kong, the shipment was delivered by the carrier directly to GPC and not to Pakistan Bank and without surrendering the bill of lading.


Whether or not there was a valid delivery.


The extraordinary responsibility of common carriers last until actual or constructive delivery of the cargo to the consignee or his agent. Pakistan was indicted as consignee and GPC was the notify party. However, in the export invoice, GPC was clearly named as buyer or importer. Petitioner referred to GPC as such in his demand letter to respondent and his complaint before the court. This premise brings into conclusion that the deliveries of the cargo to GPC as buyer or importer is in conformity with Art. 1736 of the Civil Code. Therefore, there was a valid delivery.

*Case digest by Margaret R. Manjaal, LLB-4, Andres Bonifacio Law School, SY 2018-2019