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WareHouse Receipt Law Report
WareHouse Receipt Law Report
WareHouse Receipt Law Report
RECEIPT LAW
Group I
Arrianne Cabiao
Anne Mariano
Florinie Abregunda
Brenda Viernes
SCOPE
Applicable
to
warehousemen
licensed under Act No. 3893 as
amended by RA No. 247, General
Bonded Warehouse Act, of special
application to those engaged in the
business of receiving commodities
for storage.
PURPOSES
PURPOSES
To
facilitate
the
use
warehouse
receipts
documents of title; and
of
as
ISSUE OF WAREHOUSE
RECEIPT
Section 1. Person who may issue
receipts.
Warehouseman
is a person
lawfully engaged in the business
of storing goods for profit.
ISSUE OF WAREHOUSE
RECEIPT
Section 1. Person who may issue
receipts.
Warehouse
means the
building or place where goods are
deposited and stored for profit.
ISSUE OF WAREHOUSE
RECEIPT
Section 2. Form
Essential Terms.
of
receipts;
Warehouse Receipt
written
acknowledgment
by
a
warehouseman
that
he
has
received and holds certain goods
therein described in store for the
person to whom it is issued.
ISSUE OF WAREHOUSE
RECEIPT
Section 2. Form of receipts; Essential
Terms.
Location of warehouse
Date of issue of receipt
Consecutive number of receipt
Person to whom the goods are deliverable
Rate of storage charges
Description of goods or packages
Signature of warehouseman
Warehousemans ownership of or interest in
goods
Statement of advances made and liabilities
incurred
What
terms
may
be
Section 4. Non-Negotiable
Receipt
a receipt in which it is
stated
that
the
goods
received will be delivered to
the depositor or to any other
specified person.
Section
Receipt
5.
Negotiable
Section 7. Failure
not negotiable.
to
mark
Construction
Receipts
of
Warehouse
a)
b)
c)
WAREHOUSEMANS LIABILITY
FOR MISDELIVERY
Where the delivery is otherwise than as
authorized by subsections (b) and (c) of Section 9,
the liability of the warehouseman for misdelivery is
as for conversion. Conversion is unauthorized
assumption and exercise of the right of ownership
over goods belonging to another through the
alteration of their condition or the exclusion of the
owners right. And even if the warehouseman
delivers the goods to the persons entitled under
subsection (b) and (c) of Section 9, he may still be
liable for conversion if prior to delivery,
EFFECTS
EFFECTS OF
OF ALTERATION
ALTERATION ON
ON
LIABILITY
LIABILITY OF
OF WAREHOUSEMAN
WAREHOUSEMAN
EFFECTS
EFFECTS OF
OF ALTERATION
ALTERATION ON
ON
LIABILITY
LIABILITY OF
OF WAREHOUSEMAN
WAREHOUSEMAN
LIABILITY
LIABILITYOF
OFWAREHOUSEMAN
WAREHOUSEMANIN
INCASE
CASE
OF
OFLOST
LOSTOR
ORDESTROYED
DESTROYEDRECEIPTS
RECEIPTS
Under Sections 8 and 11, the warehouseman is not
liable for non delivery without the surrender of the
receipt. Under Section 14, a competent court may order
the delivery of the goods only:
LIABILITY
LIABILITY OF
OF WAREHOUSEMAN
WAREHOUSEMAN
AS
AS TO
TO DUPLICATE
DUPLICATE
When more than one negotiable receipt is issued for the same
goods, the word duplicate must be plainly placed by the
warehouseman upon the face of every such receipt, except the
one first issued. In such case the warehouseman warrants
DUTY
DUTY OF
OF WAREHOUSEMAN
WAREHOUSEMAN WHERE
WHERE
THERE
THERE ARE
ARE SEVERAL
SEVERAL CLAIMANTS
CLAIMANTS
If there are several claimants to the goods, the
warehouseman
must
determine
within
a
reasonable time the validity of the conflicting
claims, and deliver to the person to whom he finds
is entitled to the possession of the goods.
However, he is not excused from liability in case he
makes a mistake.
For his own protection, the warehouseman must
bring a complaint in interpleader and require the
different claimants to litigate among themselves.
In such case, the warehouseman will be relieved
from liability in delivering the goods to the person
whom the court finds to have a better right.
LIABILITY
LIABILITY OF
OF A
A WAREHOUSEMAN
WAREHOUSEMAN
TO
TO RIGHTFUL
RIGHTFUL CLAIMANT
CLAIMANT
Where a warehouseman does not compel
interpleader in a case requiring it, he is
liable for refusal to deliver to the rightful
claimant, and where he neither interpleads
nor investigates, he will after lapse of a
reasonable time, be held guilty of
conversion as of the date of original
demand for the goods. The question of
what constitutes a reasonable time is one of
fact for determination in accordance with
the circumstances of the particular case.
LIABILITY
LIABILITY OF
OF WAREHOUSEMAN
WAREHOUSEMAN FOR
FOR
NON-EXISTENCE
NON-EXISTENCE OR
OR MISDESCRIPTION
MISDESCRIPTION
OF
OF GOODS
GOODS
As a general rule, the warehouseman is under
obligation to deliver the identical property stored
with him and if he fails to do so, he is liable directly
to the owner.
As against a bona fide purchaser of a
warehouseman receipt, the warehouseman is
estopped, whether the receipt is negotiable or not,
to deny that he has received the goods in it. But if
the description consists merely of marks or labels
upon the goods or upon the packages containing
them, etc., the warehouseman is not liable even if
the goods are not
LIABILITY
LIABILITY OF
OF WAREHOUSEMAN
WAREHOUSEMAN FOR
FOR
LOSS
LOSS DUE
DUE TO
TO LACK
LACK OF
OF CARE
CARE
The warehouseman is required to exercise
ordinary or reasonable care in the custody of the
goods, that is, the diligence of a good father of a
family.
In the absence of any agreement to the
contrary, the warehouseman is not liable for any
loss or injury to the goods which could not have
been avoided by the exercise of such care. Of
course, what constitutes ordinary or reasonable
care depends upon the circumstances such as the
character and value of the property and the
character and location of the warehouse.
LIABILITY
LIABILITY OF
OF WAREHOUSEMAN
WAREHOUSEMAN TO
TO
DEPOSITORS
DEPOSITORS OF
OF COMMINGLED
COMMINGLED GOODS
GOODS
As a general rule, a warehouseman may not
mingle goods belonging to depositors. In the case
of fungible goods, like rice, sugar, etc., the
warehouseman may mingle them with the goods of
the same kind and grade provided that he is
authorized by agreement or custom. In that case
the different owners become co-owners of the
whole mass.
The warehouseman shall be severally liable to
each depositor for the care and redelivery of his
share of such mass to the same extent and under
the same circumstances as if the goods had been
ACTS
FOR
WHICH
ACTS FOR WHICH
WAREHOUSEMAN
WAREHOUSEMANIS
ISLIABLE
LIABLE
The
following
are
acts
for
warehouseman may be held liable:
which
CLAIMS
CLAIMS INCLUDED
INCLUDED IN
IN THE
THE
WAREHOUSEMANS
WAREHOUSEMANS LIEN
LIEN
Subject to the provisions of Section 30, a warehouseman
shall have a lien on goods deposited or on the proceeds
thereof in his hands,
- for all lawful charges for storage and preservation of the
goods,
- also for all lawful claims for money advanced, interest,
insurance, transportation, labor, weighing, cooperating
and other charges and expenses in relation to such goods,
- also for all reasonable charges and expenses for notice
and advertisements of sale, and for sale of the goods
where default had been made in satisfying the
warehousemans lien
WAREHOUSEMANS
WAREHOUSEMANS LIEN
LIEN DOES
DOES
NOT
NOT PRECLUDE
PRECLUDE OTHER
OTHER REMEDIES
REMEDIES
Whether a warehouseman has or has not
a lien upon the goods, he is entitled to all
remedies allowed by law to a creditor
against a debtor for the collection from the
depositor
of
all
the
charges
and
advancement which the depositor has
expressly or impliedly contracted with the
warehouseman to pay.
ENFORCEMENT
ENFORCEMENT OF
OF
WAREHOUSEMANS
WAREHOUSEMANS LIEN
LIEN
The remedies available to a warehouseman for enforcing
his lien are as follows:
ENFORCEMENT
ENFORCEMENT OF
OF
WAREHOUSEMANS
WAREHOUSEMANS LIEN
LIEN
A warehouse is entitled to all the remedies
allowed by law to a creditor against his
debtor for the collection from the depositor
of all charges which the depositor is obliged
to pay, including remedies allowed by law for
enforcement of a lien against personal
property and recovery of any deficiency in
case it exist after sale of the property.