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150094

G.R. No. 150094 August 18, 2004

FEDERAL EXPRESS CORPORATION, petitioner,

DECISION

PANGANIBAN, J.:

Basic is the requirement that before suing to recover loss of or damage to transported goods, the plaintiff must give
the carrier notice of the loss or damage, within the period prescribed by the Warsaw Convention and/or the airway
bill.

The Case

Before us is a Petition for Review1 under Rule 45 of the Rules of Court, challenging the June 4, 2001 Decision2 and
the September 21, 2001 Resolution3 of the Court of Appeals (CA) in CA-GR CV No. 58208. The assailed Decision
disposed as follows:

"WHEREFORE, premises considered, the present appeal is hereby DISMISSED for lack of merit. The
appealed Decision of Branch 149 of the Regional Trial Court of Makati City in Civil Case No. 95-
1219, entitled 'American Home Assurance Co. and PHILAM Insurance Co., Inc. v. FEDERAL EXPRESS
CORPORATION and/or CARGOHAUS, INC. (formerly U-WAREHOUSE, INC.),' is
hereby AFFIRMED and REITERATED.

"Costs against the [petitioner and Cargohaus, Inc.]."4

The assailed Resolution denied petitioner's Motion for Reconsideration.

The Facts

The antecedent facts are summarized by the appellate court as follows:

"On January 26, 1994, SMITHKLINE Beecham (SMITHKLINE for brevity) of Nebraska, USA delivered to
Burlington Air Express (BURLINGTON), an agent of [Petitioner] Federal Express Corporation, a shipment of
109 cartons of veterinary biologicals for delivery to consignee SMITHKLINE and French Overseas Company in
Makati City, Metro Manila. The shipment was covered by Burlington Airway Bill No. 11263825 with the words,
'REFRIGERATE WHEN NOT IN TRANSIT' and 'PERISHABLE' stamp marked on its face. That same day,
Burlington insured the cargoes in the amount of $39,339.00 with American Home Assurance Company
(AHAC). The following day, Burlington turned over the custody of said cargoes to Federal Express which
transported the same to Manila. The first shipment, consisting of 92 cartons arrived in Manila on January 29,
1994 in Flight No. 0071-28NRT and was immediately stored at [Cargohaus Inc.'s] warehouse. While the
second, consisting of 17 cartons, came in two (2) days later, or on January 31, 1994, in Flight No. 0071-
30NRT which was likewise immediately stored at Cargohaus' warehouse. Prior to the arrival of the cargoes,
Federal Express informed GETC Cargo International Corporation, the customs broker hired by the consignee
to facilitate the release of its cargoes from the Bureau of Customs, of the impending arrival of its client's
cargoes.

"On February 10, 1994, DARIO C. DIONEDA ('DIONEDA'), twelve (12) days after the cargoes arrived in
Manila, a non-licensed custom's broker who was assigned by GETC to facilitate the release of the subject
cargoes, found out, while he was about to cause the release of the said cargoes, that the same [were] stored
only in a room with two (2) air conditioners running, to cool the place instead of a refrigerator. When he asked
an employee of Cargohaus why the cargoes were stored in the 'cool room' only, the latter told him that the
cartons where the vaccines were contained specifically indicated therein that it should not be subjected to hot
or cold temperature. Thereafter, DIONEDA, upon instructions from GETC, did not proceed with the withdrawal
of the vaccines and instead, samples of the same were taken and brought to the Bureau of Animal Industry of

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the Department of Agriculture in the Philippines by SMITHKLINE for examination wherein it was discovered
that the 'ELISA reading of vaccinates sera are below the positive reference serum.'

"As a consequence of the foregoing result of the veterinary biologics test, SMITHKLINE abandoned the
shipment and, declaring 'total loss' for the unusable shipment, filed a claim with AHAC through its
representative in the Philippines, the Philam Insurance Co., Inc. ('PHILAM') which recompensed SMITHKLINE
for the whole insured amount of THIRTY NINE THOUSAND THREE HUNDRED THIRTY NINE DOLLARS
($39,339.00). Thereafter, [respondents] filed an action for damages against the [petitioner] imputing
negligence on either or both of them in the handling of the cargo.

"Trial ensued and ultimately concluded on March 18, 1997 with the [petitioner] being held solidarily liable for
the loss as follows:

'WHEREFORE, judgment is hereby rendered in favor of [respondents] and [petitioner and its Co-
Defendant Cargohaus] are directed to pay [respondents], jointly and severally, the following:

1. Actual damages in the amount of the peso equivalent of US$39,339.00 with interest from the
time of the filing of the complaint to the time the same is fully paid.

2. Attorney's fees in the amount of P50,000.00 and

3. Costs of suit.

'SO ORDERED.'

"Aggrieved, [petitioner] appealed to [the CA]."5

Ruling of the Court of Appeals

The Test Report issued by the United States Department of Agriculture (Animal and Plant Health Inspection Service)
was found by the CA to be inadmissible in evidence. Despite this ruling, the appellate court held that the shipping
Receipts were a prima facie proof that the goods had indeed been delivered to the carrier in good condition. We
quote from the ruling as follows:

"Where the plaintiff introduces evidence which shows prima facie that the goods were delivered to the carrier
in good condition [i.e., the shipping receipts], and that the carrier delivered the goods in a damaged
condition, a presumption is raised that the damage occurred through the fault or negligence of the carrier, and
this casts upon the carrier the burden of showing that the goods were not in good condition when delivered to
the carrier, or that the damage was occasioned by some cause excepting the carrier from absolute liability.
This the [petitioner] failed to discharge. x x x."6

Found devoid of merit was petitioner's claim that respondents had no personality to sue. This argument was
supposedly not raised in the Answer or during trial.

Hence, this Petition.7

The Issues

In its Memorandum, petitioner raises the following issues for our consideration:

"I.

Are the decision and resolution of the Honorable Court of Appeals proper subject for review by the Honorable
Court under Rule 45 of the 1997 Rules of Civil Procedure?

"II.

Is the conclusion of the Honorable Court of Appeals – petitioner's claim that respondents have no personality
to sue because the payment was made by the respondents to Smithkline when the insured under the policy is
Burlington Air Express is devoid of merit – correct or not?

"III.

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Is the conclusion of the Honorable Court of Appeals that the goods were received in good condition, correct or
not?

"IV.

Are Exhibits 'F' and 'G' hearsay evidence, and therefore, not admissible?

"V.

Is the Honorable Court of Appeals correct in ignoring and disregarding respondents' own admission that
petitioner is not liable? and

"VI.

Is the Honorable Court of Appeals correct in ignoring the Warsaw Convention?"8

Simply stated, the issues are as follows: (1) Is the Petition proper for review by the Supreme Court? (2) Is Federal
Express liable for damage to or loss of the insured goods?

This Court's Ruling

The Petition has merit.

Preliminary Issue:
Propriety of Review

The correctness of legal conclusions drawn by the Court of Appeals from undisputed facts is a question of law
cognizable by the Supreme Court.9

In the present case, the facts are undisputed. As will be shown shortly, petitioner is questioning the conclusions
drawn from such facts. Hence, this case is a proper subject for review by this Court.

Main Issue:
Liability for Damages

Petitioner contends that respondents have no personality to sue -- thus, no cause of action against it -- because the
payment made to Smithkline was erroneous.

Pertinent to this issue is the Certificate of Insurance10 ("Certificate") that both opposing parties cite in support of their
respective positions. They differ only in their interpretation of what their rights are under its terms. The determination
of those rights involves a question of law, not a question of fact. "As distinguished from a question of law which exists
'when the doubt or difference arises as to what the law is on a certain state of facts' -- 'there is a question of fact
when the doubt or difference arises as to the truth or the falsehood of alleged facts'; or when the 'query necessarily
invites calibration of the whole evidence considering mainly the credibility of witnesses, existence and relevancy of
specific surrounding circumstance, their relation to each other and to the whole and the probabilities of the
situation.'"11

Proper Payee

The Certificate specifies that loss of or damage to the insured cargo is "payable to order x x x upon surrender of this
Certificate." Such wording conveys the right of collecting on any such damage or loss, as fully as if the property were
covered by a special policy in the name of the holder itself. At the back of the Certificate appears the signature of the
representative of Burlington. This document has thus been duly indorsed in blank and is deemed a bearer
instrument.

Since the Certificate was in the possession of Smithkline, the latter had the right of collecting or of being indemnified
for loss of or damage to the insured shipment, as fully as if the property were covered by a special policy in the name
of the holder. Hence, being the holder of the Certificate and having an insurable interest in the goods, Smithkline was
the proper payee of the insurance proceeds.

Subrogation

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Upon receipt of the insurance proceeds, the consignee (Smithkline) executed a subrogation Receipt12 in favor of
respondents. The latter were thus authorized "to file claims and begin suit against any such carrier, vessel, person,
corporation or government." Undeniably, the consignee had a legal right to receive the goods in the same condition it
was delivered for transport to petitioner. If that right was violated, the consignee would have a cause of action
against the person responsible therefor.

Upon payment to the consignee of an indemnity for the loss of or damage to the insured goods, the insurer's
entitlement to subrogation pro tanto -- being of the highest equity -- equips it with a cause of action in case of a
contractual breach or negligence.13 "Further, the insurer's subrogatory right to sue for recovery under the bill of lading
in case of loss of or damage to the cargo is jurisprudentially upheld."14

In the exercise of its subrogatory right, an insurer may proceed against an erring carrier. To all intents and purposes,
it stands in the place and in substitution of the consignee. A fortiori, both the insurer and the consignee are bound by
the contractual stipulations under the bill of lading.15

Prescription of Claim

From the initial proceedings in the trial court up to the present, petitioner has tirelessly pointed out that respondents'
claim and right of action are already barred. The latter, and even the consignee, never filed with the carrier any
written notice or complaint regarding its claim for damage of or loss to the subject cargo within the period required by
the Warsaw Convention and/or in the airway bill. Indeed, this fact has never been denied by respondents and is
plainly evident from the records.

Airway Bill No. 11263825, issued by Burlington as agent of petitioner, states:

"6. No action shall be maintained in the case of damage to or partial loss of the shipment unless a written
notice, sufficiently describing the goods concerned, the approximate date of the damage or loss, and the
details of the claim, is presented by shipper or consignee to an office of Burlington within (14) days from the
date the goods are placed at the disposal of the person entitled to delivery, or in the case of total loss
(including non-delivery) unless presented within (120) days from the date of issue of the [Airway Bill]."16

Relevantly, petitioner's airway bill states:

"12./12.1 The person entitled to delivery must make a complaint to the carrier in writing in the case:

12.1.1 of visible damage to the goods, immediately after discovery of the damage and at the latest within
fourteen (14) days from receipt of the goods;

12.1.2 of other damage to the goods, within fourteen (14) days from the date of receipt of the goods;

12.1.3 delay, within twenty-one (21) days of the date the goods are placed at his disposal; and

12.1.4 of non-delivery of the goods, within one hundred and twenty (120) days from the date of the issue of
the air waybill.

12.2 For the purpose of 12.1 complaint in writing may be made to the carrier whose air waybill was used, or to
the first carrier or to the last carrier or to the carrier who performed the transportation during which the loss,
damage or delay took place."17

Article 26 of the Warsaw Convention, on the other hand, provides:

"ART. 26. (1) Receipt by the person entitled to the delivery of baggage or goods without complaint shall be
prima facie evidence that the same have been delivered in good condition and in accordance with the
document of transportation.

(2) In case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery
of the damage, and, at the latest, within 3 days from the date of receipt in the case of baggage and 7 days
from the date of receipt in the case of goods. In case of delay the complaint must be made at the latest within
14 days from the date on which the baggage or goods have been placed at his disposal.

(3) Every complaint must be made in writing upon the document of transportation or by separate notice in
writing dispatched within the times aforesaid.

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(4) Failing complaint within the times aforesaid, no action shall lie against the carrier, save in the case of fraud
on his part."18

Condition Precedent

In this jurisdiction, the filing of a claim with the carrier within the time limitation therefor actually constitutes a
condition precedent to the accrual of a right of action against a carrier for loss of or damage to the goods.19 The
shipper or consignee must allege and prove the fulfillment of the condition. If it fails to do so, no right of action
against the carrier can accrue in favor of the former. The aforementioned requirement is a reasonable condition
precedent; it does not constitute a limitation of action.20

The requirement of giving notice of loss of or injury to the goods is not an empty formalism. The fundamental
reasons for such a stipulation are (1) to inform the carrier that the cargo has been damaged, and that it is being
charged with liability therefor; and (2) to give it an opportunity to examine the nature and extent of the injury. "This
protects the carrier by affording it an opportunity to make an investigation of a claim while the matter is fresh and
easily investigated so as to safeguard itself from false and fraudulent claims."21

When an airway bill -- or any contract of carriage for that matter -- has a stipulation that requires a notice of claim for
loss of or damage to goods shipped and the stipulation is not complied with, its enforcement can be prevented and
the liability cannot be imposed on the carrier. To stress, notice is a condition precedent, and the carrier is not liable if
notice is not given in accordance with the stipulation.22 Failure to comply with such a stipulation bars recovery for the
loss or damage suffered.23

Being a condition precedent, the notice must precede a suit for enforcement.24 In the present case, there is neither
an allegation nor a showing of respondents' compliance with this requirement within the prescribed period. While
respondents may have had a cause of action then, they cannot now enforce it for their failure to comply with the
aforesaid condition precedent.

In view of the foregoing, we find no more necessity to pass upon the other issues raised by petitioner.

We note that respondents are not without recourse. Cargohaus, Inc. -- petitioner's co-defendant in respondents'
Complaint below -- has been adjudged by the trial court as liable for, inter alia, "actual damages in the amount of the
peso equivalent of US $39,339."25 This judgment was affirmed by the Court of Appeals and is already final and
executory.26

WHEREFORE, the Petition is GRANTED, and the assailed Decision REVERSED insofar as it pertains to Petitioner
Federal Express Corporation. No pronouncement as to costs.

SO ORDERED.

Corona, and Carpio-Morales, JJ., concur.

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