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Tan Chiong Sian vs. Inchausti & Co.
Tan Chiong Sian vs. Inchausti & Co.
Article 361 of the Code of Commerce; Burden of proof of accidents Inchausti took all measures for he salvage of goods recoverable
upon the carrier: after the accident:
A final clause of this same article adds that the burden of proof of Herein, after wreck, Inchaustis agent took all the requisite
these accidents is upon the carrier. measures for the salvage of such of the goods as could be
IN THIS CASE, the loss and damage of the goods shipped by the recovered after the accident, which he did with the knowledge of
Ong, was due to the stranding and wreck of the lorcha Pilar in the the shipper, Ong Bieng Sip, and, in effecting their sale, he
heavy storm or hurricane; this Tan Chiong Sian did not deny, and endeavored to secure all possible advantage to the Chinese
admitted that it took place between the afternoon of the 5th and shipper; in all these proceedings, he acted in obedience to the law.
early in the morning of the 6th of December, 1908, so it is evident
that Inchausti is exempt from the obligation imposed by the law to Articles cited in the case:
prove the occurrence of the said storm, hurricane, or cyclone in the
port of Gubat, and, therefore, if the said goods were lost or Article 1601 NCC - Carriers of goods by land or by water shall be
damaged and could not be delivered in Catarman, it was due to a subject with regard to the keeping and preservation of the things
fortuitous event and a superior, irresistible natural force, or force entrusted to them, to the same obligations as determined for
majeure, which completely disabled the lorcha intended for their innkeepers by articles 1783 and 1784. The provisions of this article
transportation to the said port of the Island of Samar. shall be understood without prejudice to what is prescribed by the
Code of Commerce with regard to transportation by sea and land.
Article 1602 NCC - Carriers are also liable for the loss of and
Inchausti took precautions usually adopted by careful and diligent damage to the things which they receive UNLESS they prove that
persons, as required by Article 362 of the Code of Commerce: the loss or damage arose from a fortuitous event or force
Herein, Inchausti, his agents and the patron did take the measures majeure.
which they deemed necessary and proper in order to save the
lorcha and its cargo from the impending danger; accordingly, the Articles 1783 NCC - the depositum of goods made by travelers
patron, as soon as he was informed that a storm was approaching, in inns or hostelries shall also be considered a necessary one. The
proceeded to clear the boat of all gear which might offer resistance keepers of inns and hostelries are liable for them as such bailees,
to the wind, dropped the four anchors he had, and even procured provided that notice thereof may have been given to them or to
their employees, and that the travelers on their part take the precautions usually adopted by careful persons, UNLESS the
precautions which said innkeepers or their substitutes may have shipper committed fraud in the bill of lading, stating that the
advised them concerning the care and vigilance of said goods. goods were of a class or quality different from what they really
were. If, notwithstanding the precaution referred to in this article,
Article 1784 NCC - the liability referred to in the preceding article the goods transported run the risk of being lost on account of the
shall include damages to the goods of the travelers caused by nature or by reason of an unavoidable accident, without there
servants or employees of the keepers of inns or hostelries as well being time for the owners of the same to dispose thereof, the
as by strangers, but not those arising from robbery or which may carrier shall proceed to their sale placing them for this purpose at
be caused by any other case of force majeure. the disposal of the Judicial authority or of the officials determined
by special provisions.
Article 361, Code of Commerce - Merchandise shall be
transported at the risk and venture of the shipper, UNLESS the Article 363, Code of Commerce - with the exception of the
contrary was expressly stipulated. Therefore, all damages and cases prescribed in the second paragraph of article 361, the
impairment suffered by the goods in transportation, by reason of carrier shall be obliged to deliver the goods transported in the
accident, force majeure, or by virtue of the nature or defect of same condition in which, according to the bill of lading, they were
the articles, shall be for the account and risk of the shipper. at the time of their receipt, without any detriment or impairment,
The proof of these accidents is incumbent on the carrier. and should he not do so, he shall be obliged to pay the value of the
goods not delivered at the point where they should have been and
Article 362, Code of Commerce - the carrier, however, shall at the time the delivery should have taken place. If part of the
be liable for the losses and damages arising from the causes goods transported should be delivered the consignee may refuse to
mentioned in the foregoing article if it is proved that they occurred receive them, when he proves that he can not make use thereof
on account of his negligence or because he did not take the without the others.