STATE BONDING INSURANCE COMPANY, INC., PLAINTIFF-APPELLEE, VS. MANILA PORT SERVICE, ET AL., DEFENDANTS-APPELLANTS.

Direct appeal to this Court by defendants Manila Port Service, et al. against
a decision of the Court of First Instance of Manila, in its Civil Case No.
47603, on the ground that the issues raised herein are allegedly Pure questions
of law.

The undisputed facts of this case may be stated briefly as follows:

Various kinds of imported goods or merchandise were shipped, through separate
carrying vessels, destined for the Port of Manila, and which arrived on
different dates. These shipments were consigned to seven (7) owners who insured
them with plaintiff against loss or damage. After their arrival,
defendants-appellants, as arrastre operators, discharged and received them in
complete and good order, and forthwith notified the consignees who, through
their authorized agents-brokers, filed with defendants their respective
“provisional claims” for loss and/or damage within fifteen (15) days from
discharge of the last package, followed by formal claims which were, however,
submitted beyond the fifteen-day period from last discharge.

Defendants failed to deliver and/or delivered in bad order some of these
imported goods to the consignees-insured; and, upon demand by the latter,
plaintiff, as insurer, paid for the value of the lost or damaged cargoes. The
consignees assigned their rights to plaintiff who thus became subrogated to
their rights.

Plaintiff demanded the delivery of the lost or damaged goods or the payment
of their value from defendants, but the latter refused; hence, the former
brought suit in the Manila Court of First Instance, alleging nine (9) causes of
action. The first seven reiterate its demand for delivery of the lost or damaged
goods or for payment of their value, while the eighth and ninth causes of action
claim actual damages and attorney’s fees, respectively.

Defendants answered the complaint, denying any liability therefor, mainly on
the ground that plaintiff’s claims had already become barred under the provision
of Section 15 of the Arrastre Management Contract entered into by and between
the defendants and the Bureau of Customs, which contract binds the Parties
hereto.

Before the case was called for hearing in the trial court, the parties
submitted a partial stipulation of facts, setting and limiting the money value
of actual damages suffered by plaintiff to P100.00, P150.00, US $937.00,
P490.00, P60.00, P324.42, P100.00 on the first seven causes of action,
respectively, and admitting the binding effect of the Arrastre Management
Contract, but reserving the right to present additional evidence to substantiate
their respective claims and defenses not covered by the said partial stipulation
of facts.

After due hearing thereon, the trial court found that the provisional notices
were adequate and sufficient; that defendants are liable to plaintiff for the
sums stated in the partial stipulation of facts; that they are also liable for
the other actual damages on account of their negligence; and that they
unjustifiably refused to satisfy plaintiff’s valid claims; hence, it rendered
judgment, the dispositive portion of which reads:

“IN VIEW OF ALL THE FOREGOING CONSIDERATIONS, judgment is hereby rendered in
favor of the plaintiff and against the defendants, ordering the defendants to
pay to the plaintiff—

(a) On the first cause of action, the sum of P100.00;

(b) On the second cause of action, the sum of P150.00;

(c) On the third cause of action, the sum of P2,825.05 (which is the
equivalent of US$937 in Philippine pesos computed at the rate of P3.0l5 to US
$1.00);

(d) On the fourth cause of action, the sum of P490.00;

(e) On the fifth cause of action, the sum of P60.00;

(f) On the sixth cause of action, the sum of P324.42;

(g) On the seventh cause of action, the sum of P100.00;

(h) On the eighth cause of action, the sum of P1,682.57 by way of
damages;

(i) On the ninth cause of action, the sum of P1,000.00 as and for attorney’s
fees; and

(j) With costs against the defendants, jointly and severally.

SO ORDERED.”

Not satisfied with the above decision, defendants directly interposed the
present appeal to Us, on points of law.

The first issue raised by appellant is whether or not the filing of said
“provisional claims’ within fifteen (15) days from discharge of the last package
substantially complies with section 15 of the Arrastre Management Contract which
in part provides:

” x x x in any event the CONTRACTOR (herein defendants-appellants) shall be
relieved and released of any and all responsibility or liability for loss,
damage, mis-delivery and/or non-delivery of goods, unless suit in the Court of
proper jurisdiction is brought within a period of one (1) year from the date of
discharge of the goods, or from the date when the claim for the value of the
goods have been rejected or denied by the CONTRACTOR, provided that such claim
shall have been filed with the CONTRACTOR within fifteen (15) days from the date
of discharge of the last package from the carrying vessel.”

Appellants contend that there was no substantial compliance, since said
“provisional claims” are mere simple notices couched in general and vague terms,
usually of goods shortlanded or those landed in bad order, without a statement
of extent of loss or damage nor the value of the same; hence, they are not the
claims for value of the goods contemplated and required in the above quoted
section 15. The lower court having found that the notices were sufficient to
cause the Port Service to start investigating, and the notices themselves not
having been elevated to this Court, we must abide by the ruling of the court
below on this point.

A similar contention has already been raised by appellant arrastre operators
in a previous case involving the same parties on practically identical sets of
facts as the case at bar, and We rejected the same, holding that—

“The reason underlying Section 15’s aforestated requirement of filing a claim
within the 15-day period therein provided is to give reasonable opportunity to
check the validity of the claim while the facts are still fresh in the minds of
the persons who took part in the transaction and while the pertinent documents
are still available.^[1] Although without
statement as to amount and without accompanying documents, the provisional
claims herein involved contained descriptions of the importations concerned.
sufficient to allow the Manila Port Service reasonable verification. It
would not have been difficult for defendant Manila Port Service to check on
whether some or all of cargo therein described were in fact missing or in bad
order. For it is supposed to have a complete and detailed recording or checking
of said cargo (Section 5 of Arrastre Management Contract, Exh. 1). The
particulars of the precise amount of indemnity claimed as well as the supporting
papers for said claim were properly reserved for the formal claim thereafter
filed, since the determination and preparation of the same by the consignee
should be done carefully and without haste. The provisional claims in question
therefore served the purpose of enabling the arrastre operator to check the
goods in its possession, shortly after they had been discharged from their
carriers.

“Previous rulings of this Court in regard to provisional claims have been in
line with the foregoing considerations. Thus in one case we had occasion to
state that a provisional claim for damage or short delivery filed
before the goods were discharged from the carrying vessel did not
comply with Section 15’s requirement, the same being premature and
speculative.^[2] On the other hand, a
provisional claim filed after the discharge of the goods from the
vessel and within the fifteen-day period mentioned in Section 15, has been
considered sufficient compliance with the proviso therein requiring the filing
of a claim within said fifteen days.^[3]

The same ruling was later reiterated and cited in a number of recent cases.
The other issues raised by appellants refer to the propriety of the award of
actual damages and attorney’s fees. We find that appellant’s arguments dispute
findings of fact made by the trial court. It is already well-settled that when a
party directly appeals to this Supreme Court, intimating that he would only
raise purely legal questions, he is deemed to have waived or precluded from
questioning, and this Court is bound by the finding of fact made by the trial
court. We are thus constrained to accept said findings as final and conclusive
and uphold, therefore, the ruling of the trial court on these issues. Moreover,
this Court already considered an award of attorney’s fees as reasonable in a
case of similar nature (Yu Kimteng Construction Corp. vs. Manila Railroad Co.,
et al., G. R. No. L-17027, November 29, 1965).

WHEREFORE, the appealed judgment should be, as it is hereby affirmed.
With costs against defendants Manila Port Service and Manila Railroad
Company.

Concepcion, C.J., Barrera, Dizon, Regala, Makalintal, Bengzon,
J.P., Zaldivar, Sanchez and Ruiz Castro, JJ., concur.

^[2] Shell Company of the Phil. Ltd. v.
Compañia General de Tabacos de Filipinas, L-20230, July 30, 1965.

[3] Yu Kimteng Construction Corp.
v. MRR, L-17027, Nov. 29, 1965; GSIS v. MRR, L-20342, November 29,
1965.” (State Bonding & Insurance Co. vs. Manila Port Service, et
al., G.R,. No. L-21833, Feb.28, 1966) (Italic supplied)

[4] Atlantic Mutual Insurance Co. vs. United
Philippine Lines, Inc., et al., G.R. No. L-21546, March 31, 1966; Atlantic
Mutual Insurance Co. vs. Manila Port Service, et al., G.R. No. L-21907,
Apr. 29, 1966; and American Machinery & Parts Manufacturing Co., Inc.
vs. Manila Railroad Co., et al., G.R. No. L-21460, Apr. 30,
1966.

^[5] Millar vs.
Nadres, 74 Phil. 307; Portea vs. Pabelion, 84 Phil. 298; De Leon
vs. Ross, 91 Phil. 924 (unreported); Flores vs. Plasina, 94 Phil.
327.