TITLE VII COMMERCIAL CONTRACTS FOR TRANSPORTATION

ARTICLE 349. A contract of transportation by land or water ways of any kind shall
be considered commercial:
1. When it has for its object merchandise or any article of commerce.
2. When, whatever its object may be, the carrier is a merchant or is habitually
engaged in transportation for the public.
ARTICLE 350. The shipper as well as the carrier of merchandise or goods may
mutually demand that a bill of lading be made, stating:
1. The name, surname and residence of the shipper.
2. The name, surname and residence of the carrier.
3. The name, surname and residence of the person to whom or to whose order the
goods are to be sent or whether they are to be delivered to the bearer of said bill.
4. The description of the goods, with a statement of their kind, of their weight, and
of the external marks or signs of the packages in which they are contained.
5. The cost of transportation.
6. The date on which shipment is made.
7. The place of delivery to the carrier.
8. The place and the time at which delivery to the consignee shall be made.
9. The indemnity to be paid by the carrier in case of delay, if there should be any
agreement on this matter.
ARTICLE 351. In transportation made by railroads or other enterprises subject to
regulation rate and time schedules, it shall be sufficient for the bills of lading or the
declaration of shipment furnished by the shipper to refer, with respect to the cost,
time and special conditions of the carriage, to the schedules and regulations the
application of which he requests; and if the shipper does not determine the
schedule, the carrier must apply the rate of those which appear to be the lowest,
with the conditions inherent thereto, always including a statement or reference to in
the bill of lading which he delivers to the shipper.
ARTICLE 352.
The bills of lading, or tickets in cases of transportation of
passengers, may be diverse, some for persons and others for baggage; but all of
them shall bear the name of the carrier, the date of shipment, the points of
departure and arrival, the cost, and, with respect to the baggage, the number and
weight of the packages, with such other manifestations which may be considered
necessary for their easy identification.
ARTICLE 353. The legal evidence of the contract between the shipper and the
carrier shall be the bills of lading, by the contents of which the disputes which may
arise regarding their execution and performance shall be decided, no exceptions
being admissible other than those of falsity and material error in the drafting.
After the contract has been complied with, the bill of lading which the carrier has
issued shall be returned to him, and by virtue of the exchange of this title with the
thing transported, the respective obligations and actions shall be considered
cancelled, unless in the same act the claim which the parties may wish to reserve
be reduced to writing, with the exception of that provided for in Article 366.
In case the consignee, upon receiving the goods, cannot return the bill of lading
subscribed by the carrier, because of its loss or of any other cause, he must give the
latter a receipt for the goods delivered, this receipt producing the same effects as
the return of the bill of lading.
ARTICLE 354. In the absence of a bill of lading, disputes shall be determined by
the legal proofs which the parties may present in support of their respective claims,

according to the general provisions established in this Code for commercial

contracts.
ARTICLE 355. The responsibility of the carrier shall commence from the moment
he receives the merchandise, personally or through a person charged for the
purpose, at the place indicated for receiving them.
ARTICLE 356. Carriers may refuse packages which appear unfit for transportation;
and if the carriage is to be made by railway, and the shipment is insisted upon, the
company shall transport them, being exempt from all responsibility if its objections,
is made to appear in the bill of lading.
ARTICLE 357. If by reason of well-founded suspicion of falsity in the declaration as
to the contents of a package the carrier should decide to examine it, he shall
proceed with his investigation in the presence of witnesses, with the shipper or
consignee in attendance.
If the shipper or consignee who has to be cited does not attend, the examination
shall be made before a notary, who shall prepare a memorandum of the result of
the investigation, for such purpose as may be proper.
If the declaration of the shipper should be true, the expense occasioned by the
examination and that of carefully repacking the packages shall be for the account of
the carrier and in a contrary case for the account of the shipper.
ARTICLE 358. If there is no period fixed for the delivery of the goods the carrier
shall be bound to forward them in the first shipment of the same or similar goods
which he may make point where he must deliver them; and should he not do so, the
damages caused by the delay should be for his account.
ARTICLE 359. If there is an agreement between the shipper and the carrier as to
the road over which the conveyance is to be made, the carrier may not change the
route, unless it be by reason of force majeure; and should he do so without this
cause, he shall be liable for all the losses which the goods he transports may suffer
from any other cause, beside paying the sum which may have been stipulated for
such case.
When on account of said cause of force majeure, the carrier had to take another route
which produced an increase in transportation charges, he shall be reimbursed for
such increase upon formal proof thereof.
ARTICLE 360. The shipper, without changing the place where the delivery is to be
made, may change the consignment of the goods which he delivered to the carrier,
provided that at the time of ordering the change of consignee the bill of lading
signed by the carrier, if one has been issued, be returned to him, in exchange for
another wherein the novation of the contract appears.
The expenses which this change of consignment occasions shall be for the account
of the shipper.
ARTICLE 361. The merchandise shall be transported at the risk and venture of the
shipper, if the contrary has not been expressly stipulated. As a consequence, all the
losses and deterioration which the goods may suffer during the transportation by
reason of fortuitous event, force majeure, or the inherent nature and defect of the
goods, shall be for the account and risk of the shipper. Proof of these accidents is
incumbent upon the carrier.
ARTICLE 362. Nevertheless, the carrier shall be liable for the losses and damages
resulting from the causes mentioned in the preceding article if it is proved, as
against him, that they arose through his negligence or by reason of his having failed
to take the precautions which usage has established among careful persons, unless

the shipper has committed fraud in the bill of lading, representing the goods to be
of a kind or quality different from what they really were.
If, notwithstanding the precautions referred to in this article, the goods transported
run the risk of being lost, on account of their nature or by reason of unavoidable
accident, there being no time for their owners to dispose of them, the carrier may
proceed to sell them, placing them for this purpose at the disposal of the judicial
authority or of the officials designated by special provisions.
ARTICLE 363. Outside of the cases mentioned in the second paragraph of Article
361, the carrier shall be obliged to deliver the goods shipped in the same condition
in which, according to the bill of lading, they were found at the time they were
received, without any damage or impairment, and failing to do so, to pay the value
which those not delivered may have at the point and at the time at which their
delivery should have been made.
If those not delivered form part of the goods transported, the consignee may refuse
to receive the latter, when he proves that he cannot make use of them
independently of the others.
ARTICLE 364. If the effect of the damage referred to in Article 361 is merely a
diminution in the value of the goods, the obligation of the carrier shall be reduced to
the payment of the amount which, in the judgment of experts, constitutes such
difference in value.
ARTICLE 365. If, in consequence of the damage, the goods are rendered useless
for sale and consumption for the purposes for which they are properly destined, the
consignee shall not be bound to receive them, and he may have them in the hands
of the carrier, demanding of the latter their value at the current price on that day.
If among the damaged goods there should be some pieces in good condition and
without any defect, the foregoing provision shall be applicable with respect to those
damaged and the consignee shall receive those which are sound, this segregation
to be made by distinct and separate pieces and without dividing a single object,
unless the consignee proves the impossibility of conveniently making use of them in
this form.
The same rule shall be applied to merchandise in bales or packages, separating
those parcels which appear sound.
ARTICLE 366.
Within the twenty-four hours following the receipt of the
merchandise, the claim against the carrier for damage or average be found therein
upon opening the packages, may be made, provided that the indications of the
damage or average which gives rise to the claim cannot be ascertained from the
outside part of such packages, in which case the claim shall be admitted only at the
time of receipt.
After the periods mentioned have elapsed, or the transportation charges have been
paid, no claim shall be admitted against the carrier with regard to the condition in
which the goods transported were delivered.
ARTICLE 367. If doubts and disputes should arise between the consignee and the
carrier with respect to the condition of the goods transported at the time their
delivery to the former is made, the goods shall be examined by experts appointed
by the parties, and, in case of disagreement, by a third one appointed by the judicial
authority, the results to be reduced to writing; and if the interested parties should
not agree with the expert opinion and they do not settle their differences, the
merchandise shall be deposited in a safe warehouse by order of the judicial
authority, and they shall exercise their rights in the manner that may be proper.

ARTICLE 368.
The carrier must deliver to the consignee, without any delay or
obstruction, the goods which he may have received, by the mere fact of being
named in the bill of lading to receive them; and if he does not do so, he shall be
liable for the damages which may be caused thereby.
ARTICLE 369. If the consignee cannot be found at the residence indicated in the
bill of lading, or if he refuses to pay the transportation charges and expenses, or if
he refuses to receive the goods, the municipal judge, where there is none of the first
instance, shall provide for their deposit at the disposal of the shipper, this deposit
producing all the effects of delivery without prejudice to third parties with a better
right.
ARTICLE 370. If a period has been fixed for the delivery of the goods, it must be
made within such time, and, for failure to do so, the carrier shall pay the indemnity
stipulated in the bill of lading, neither the shipper nor the consignee being entitled
to
anything
else.
If no indemnity has been stipulated and the delay exceeds the time fixed in the bill
of lading, the carrier shall be liable for the damages which the delay may have
caused.
ARTICLE 371. In case of delay through the fault of the carrier, referred to in the
preceding articles, the consignee may leave the goods transported in the hands of
the former, advising him thereof in writing before their arrival at the point of
destination.
When this abandonment takes place, the carrier shall pay the full value of the goods
as if they had been lost or mislaid.
If the abandonment is not made, the indemnification for losses and damages by
reason of the delay cannot exceed the current price which the goods transported
would have had on the day and at the place in which they should have been
delivered; this same rule is to be observed in all other cases in which this indemnity
may be due.
ARTICLE 372. The value of the goods which the carrier must pay in cases if loss or
misplacement shall be determined in accordance with that declared in the bill of
lading, the shipper not being allowed to present proof that among the goods
declared therein there were articles of greater value and money.
Horses, vehicles, vessels, equipment and all other principal and accessory means of
transportation shall be especially bound in favor of the shipper, although with
respect to railroads said liability shall be subordinated to the provisions of the laws
of concession with respect to the property, and to what this Code established as to
the manner and form of effecting seizures and attachments against said companies.
ARTICLE 373.
The carrier who makes the delivery of the merchandise to the
consignee by virtue of combined agreements or services with other carriers shall
assume the obligations of those who preceded him in the conveyance, reserving his
right to proceed against the latter if he was not the party directly responsible for the
fault which gave rise to the claim of the shipper or consignee.
The carrier who makes the delivery shall likewise acquire all the actions and rights
of those who preceded him in the conveyance. The shipper and the consignee shall
have an immediate right of action against the carrier who executed the
transportation contract, or against the other carriers who may have received the
goods
transported
without
reservation.
However, the reservation made by the latter shall not relieve them from the
responsibilities which they may have incurred by their own acts.

ARTICLE 374. The consignees to whom the shipment was made may not defer the
payment of the expenses and transportation charges of the goods they receive after
the lapse of twenty-four hours following their delivery; and in case of delay in this
payment, the carrier may demand the judicial sale of the goods transported in an
amount necessary to cover the cost of transportation and the expenses incurred.

PUBLIC ACT NO. 521

CARRIAGE OF GOODS BY SEA ACT

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Section 1. That the provisions of Public Act No. 521 of the 7th Congress of the
United States, approved on April 16, 1936, be accepted, as it is hereby accepted to
be made applicable to all contracts for the carriage of goods by sea to and from
Philippine ports in foreign trade: Provided, that nothing in this Act shall be
construed as repealing any existing provision of the Code of Commerce which is
now in force, or as limiting its application. chanrobles virtual law library
Sec. 2. This Act shall take effect upon its approval. (Approved October 22,
1936).chanrobles virtual law library
TITLE I
Sec. 1. When used in this Act

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(a) The term "carrier" includes the owner or the charterer who enters into a
contract of carriage with a shipper.
(b) The term "contract of carriage" applies only to contracts of carriage by
covered by a bill of lading or any similar document of title, insofar as such
document relates to the carriage of goods by sea, including any bill of lading or
any similar document as aforesaid issued under or pursuant to a character party
from the moment at which such bill of lading or similar document of title regulates
the relations between a carrier and a holder of the same. chanrobles virtual law library
(c) The term "goods" includes goods, wares, merchandise, and articles of every
kind whatsoever, except live animals and cargo which by the contract of carriage
is stated as being carried on deck and is so carried. chanrobles virtual law library
(d) The term "ship" means any vessel used for the carriage of goods by
sea. chanrobles virtual law library
(e) The term "carriage of goods" covers the period from the time when the goods
are loaded to the time when they are discharged from the ship.
RISKS
Sec. 2. Subject to the provisions of Section 6, under every contract of carriage of
goods by sea, the carrier in relation to the loading, handling, stowage, carriage,
custody, care, and discharge of such goods shall be subject to the responsibilities

and liabilities and entitled

forth. chanrobles virtual law library

to

the

rights

and

immunities

hereinafter

set

RESPONSIBILITIES AND LIABILITIES

Sec. 3. (1) The carrier shall be bound before and at the beginning of the voyage
to exercise due diligence to
(a) Make the ship seaworthy;
(b) Properly man,equip, and supply the ship;
(c) Make the holds, refrigerating and cooling chambers, and all other parts of the
ship in which goods are carried, fit and safe for their reception, carriage, and
preservation.
(2) The carrier shall properly and carefully load, handle, stow, carry, keep, care
for,and discharge the goods carried.
(3) After receiving the goods into his carrier, or the master or agent of the carrier,
shall, on demand of the shipper, issue to the shipper a bill of lading showing
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(a) The loading marks necessary for identification of the goods as the same are
furnished in writing by the shipper before the loading of such goods starts,
provided such marksare stamped or otherwise shown clearly upon the goods if
uncovered,in such a manner as should ordinarily remain legible until the end of
the voyage. chanrobles virtual law library
(b) Either the number of packages or pieces, or the quantity or weight, as the
casemay be, as furnished in writing by the shipper.
(c) The apparent order and conditions of the goods: Provided, that no carrier,
master, or agent of the carrier, shall be bound to state or show in the bill of lading
any marks, number, quantity, or weight which he has reasonable ground for
suspecting not accurately to represent the good actually received or which he has
had no reasonable means of checking. chanrobles virtual law library
(4) Such a bill of lading shall be prima facie evidence of the receipt by the carrier
of the goods as therein described in accordance with paragraphs (3) (a), (b), and
(c), of this section: (The rest of the provision is not applicable to the Philippines).
(5) The shipper shall be deemed to have guaranteed to the carrier the accuracy at
the time of shipment of the marks, number, quantity, and weight, as furnished by
him; and the shipper shall indemnify the carrier against all loss, damages, and
expenses arising or resulting from inaccuracies in such particulars. The right of
the carrier to such indemnity shall in no way limit his responsibility and liability
under the contract of carriage to any person other than the shipper. chanrobles virtual
law library

(6) Unless notice or loss or damage and the general nature of such loss or
damage by given in writing to the carrier or his agent at the port of discharge or at
the time of the removal of the goods into the custody of the person entitled to

delivery thereof under the contract of carriage, such removal shall be prima facie
evidence of the delivery by the carrier of the goods as described in the bill of
lading. If the loss or damage is not apparent, the notice must be given within
three days of the delivery. chanrobles virtual law library
Said notice of loss or damage may be endorsed upon the receipt for the goods
given by the person taking delivery thereof.
The notice in writing need not be given if the state of the goods has at the time of
their receipt been the subject of joint survey or inspection.
In any event the carrier and the ship shall be discharged from all liability in
respect of loss or damage unless suit is brought within one year after delivery of
the goods or the date when the goods should have been delivered: Provided, that,
if a notice of loss or damage, either apparent or concealed, is not given as
provided for in this section, that fact shall not affect or prejudice the right of the
shipper to bring suit within one year after the delivery of the goods or the date
when the goods should have been delivered.
In the case of any actual or apprehended loss or damage, the carrier and the
receiver shall give all reasonable facilities to each other for inspecting and tallying
the goods.chanrobles virtual law library
(7) After the goods are loaded the bill of lading to be issued by the carrier,
master, or agent of the carrier to the shipper shall if the shipper so demands, be a
"shipped" bill of lading: Provided, that if the shipper shall have previously taken
up any document of title to such goods, he shall surrender the same as against the
issue of the "shipped" bill of lading, but at the option of the carrier such document
of title may be noted at the port of shipment by the carrier, master, or agent with
the name or names of the ship or ships upon which the goods have been shipped
and the date or dates of shipment, and when so noted the same shall for the
purpose of this section be deemed to constitute a "shipped" bill of lading.
(8) Any clause, covenant, or agreement in a contract of carriage relieving the
carrier of the ship from liability for loss or damage to or in connection with the
goods, arising from negligence, fault, or failure in the duties and obligations
provide in this section or lessening such liability otherwise than as provided in this
Act, shall be null and void and of no effect. A benefit of insurance in favor of the
carrier, or similar clause, shall be deemed to be a clause relieving the carrier from
liability.
RIGHTS AND IMMUNITIES
Sec. 4. (1) Neither the carrier nor the ship shall be liable for loss or damage
arising or resulting from unseaworthiness unless caused by want of due diligence
on the part of the carrier to make the ship seaworthy and to secure that the ship is
properly manned, equipped, and supplied, and to make the holds, refrigerating
and cooling chambers, and all other parts of the ship in which goods are carried fit
and safe for their reception, carriage, and preservation, in accordance with the
provisions of paragraph (1) of Section (3). Whenever loss or damage has resulted

from unseaworthiness, the burden of proving the exercise of due diligence shall be
on the carrier or other person claiming exemption under this section. chanrobles virtual
law library

(2) Neither the carrier nor the ship shall be responsible for loss or damage arising
or resulting from
(a) Act, neglect, or default of the master, mariner, pilot, or the servants of the
carrier in the navigation or in the management of the ship;
(b) Fire, unless caused by the actual fault or privity of the carrier; chanrobles virtual law
library

(c) Perils, dangers, and accidents of the sea or other navigable water;

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(d) Act of God;

(e) Act of war;

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(f) Act of public enemies;

(g) Arrest or restraint of princes, rulers, or people, or seizure under legal process;
(h) Quarantine restrictions; chanrobles virtual law library
(i) Act or omission of the shipper or owner of the goods, his agent or
representative;chanrobles virtual law library
(j) Strikes or lockouts or stoppage or restraint of labor from whatever cause,
whether partial or general: Provided, that nothing herein contained shall be
construed to relieve a carrier from responsibility for the carrier's own acts; chanrobles
virtual law library

(k) Riotsand civil commotions; chanrobles virtual law library

(l) Saving or attempting to save life or property at sea;

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(m) Wastage in bulk or weight or any other loss or damage arising from inherent
defect, quality, or vice of the goods;
(n) Insufficiency or packing;
(o) Insufficiency or inadequacy of marks; chanrobles virtual law library
(p) Latent defects not discoverable by due diligence; and chanrobles virtual law library
(q) Any other cause arising without the actual fault and privity of the carrier and
without the fault or neglect of the agents or servants of the carrier, but the burden
of proof shall be on the person claiming the benefit of this exception to show that
neither the actual fault or privity of the carrier nor the fault or neglect of the
agents or servants of the carrier contributed to the loss or damage.
(3) The shipper shall not be responsible for loss or damage sustained by the
carrier or the ship arising or resulting from any cause without the act, or neglect
of the shipper, his agents, or his servants. chanrobles virtual law library
(4) Any deviation in saving or attempting to save life or property at sea, or any
reasonable deviation shall not be deemed to be an infringement or breach or this
Act or of the contract of carriage, and carrier shall not be liable for any loss or
damage resulting therefrom: Provided, however, that if the deviation is for the
purpose of loading or unloading cargo or passengers it shall, prima facie, be
regarded as unreasonable.chanrobles virtual law library

(5) Neither the carrier nor the ship shall in any event be or become liable for any
loss or damage to or in connection with the transportation of goods in an amount
exceeding $500 per package of lawful money of the United States, or in case of
goods not shipped in packages, per customary freight unit, or the equivalent of
that sum in other currency, unless the nature and value of such goods have been
declared by the shipper before shipment and inserted in the bill of lading. This
declaration, if embodied in the bill of lading, shall be prima facie evidence, but
shall not be conclusive on the carrier. chanrobles virtual law library
By agreement between the carrier, master or agent of the carrier, and the shipper
another maximum amount than that mentioned in this paragraph may be fixed:
Provided, that such maximum shall not be less than the figure above named. In no
event shall the carrier be liable for more than the amount of damage actually
sustained.chanrobles virtual law library
Neither the carrier nor the ship shall be responsible in any event for loss damage
to or in connection with the transportation of the goods if the nature or value
thereof has been knowingly and fraudulently misstated by the shipper in the bill of
lading. chanrobles virtual law library
(6) Goods of an inflammable, explosive, or dangerous nature to the shipment
whereof, the carrier, master or agent of the carrier, has not consented with
knowledge of their nature and character, may at any time before discharge be
landed at any place or destroyed or rendered innocuous by the carrier without
compensation, and the shipper of such goods shall be liable for all damages and
expenses directly or indirectly arising out of or resulting from such shipment. If
any such goods shipped with such knowledge and consent shall become a danger
to the ship or cargo, they may in like manner be landed at any place, or destroyed
or rendered innocuous by the carrier without liability on the part of the carrier
except to general average if any. chanrobles virtual law library
SURRENDER OF RIGHTS AND IMMUNITIES AND INCREASE OF RESPONSIBILITIES
AND LIABILITIES
Sec. 5. A carrier shall be at liberty to surrender in whole or in part all or any of
his rights and immunities or to increase any of his responsibilities and liabilities
under this Act, provided such surrender or increase shall be embodied in the bill of
lading issued to the shipper.
The provisions of this Act shall not be applicable to charter parties; but if bills of
lading are issued in the case of a ship under a charter party, they shall comply
with the terms of this Act. Nothing in this Act shall be held to prevent the insertion
in a bill of lading of any lawful provisions regarding general average. chanrobles virtual
law library

SPECIAL CONDITIONS
Sec. 6. Notwithstanding the provisions of the preceding section, a carrier, master
or agent of the carrier, and a shipper shall, in regard to any particular goods be at

liberty to enter into any agreement in any terms as to the responsibility and
liability of the carrier for such goods, and as to the rights and immunities of the
carrier in respect to such goods, or his obligation to seaworthiness, (so far as the
stipulation regarding seaworthiness is contrary to public policy), or the care or
diligence of his servants or agents in regard to the loading, handling, stowage,
carriage, custody, care and discharge of the goods carried by sea; provided, that in
this case no bill of lading has been or shall be issued and that the terms agreed
shall be a non-negotiable document and shall be marked as such. chanrobles virtual law
library

Any agreement so entered into shall have full legal effect: Provided, that this
section shall not apply to ordinary commercial shipments made in the ordinary
course of trade but only to other shipments where the character or condition of
the property to be carried or the circumstances, terms and conditions under which
the carriage is to be performed are such as reasonably to justify a special
agreement.
Sec. 7. Nothing contained in this Act shall prevent a carrier or a shipper from
entering into any agreement, stipulation, condition, reservation, or exemption as
to the responsibility and liability of the carrier or the ship for the loss or damage
to or in connection with the custody and care and handling of goods prior to the
loading on and subsequent to the discharge from the ship on which the goods are
carried by sea.chanrobles virtual law library
Sec. 8. The provisions of this Act shall not affect the rights and obligations of the
carrier under the provisions of the Shipping Act, 1916, or under the provisions of
Sections 4281 to 4292, inclusive, of the Revised Statutes of the United States, or
of any amendments thereto, or under the provisions of any other enactment for
the time being in force relating to the limitation of the liability of the owners of
seagoing vessels. chanrobles virtual law library
TITLE II
Sec. 9. Nothing contained in this Act shall be construed as permitting a common
carrier by water to discriminate between competing shippers similarly placed in
time and circumstances, either (a) with respect to their right to demand and
receive bills of lading subject to the provisions of this Act; or (b) when issuing
such bills of lading either in the surrender of any of the carrier's rights and
immunities or in the increase of any of the carrier's responsibilities and liabilities
pursuant to Section 5, Title I, of this Act; (c) in any other way prohibited by the
Shipping Act, 1916, as amended. chanrobles virtual law library
Sec. 10. (Not applicable to the Philippines.) chanrobles virtual law library
Sec. 11. When under the custom of any trade the weight of any bulk cargo
inserted in the bill of lading is a weight ascertained or accepted by a third party
other than the carrier or the shipper and the fact that the weight as ascertained or
accepted is stated in the bill of lading, then notwithstanding anything in this Act,
the bill of lading shall not be deemed to be prima facie evidence against the carrier

of the receipt of goods of the weight so inserted in the bills of lading, and the
accuracy thereof at the time of shipment shall not be deemed to have been
guaranteed by the shipper. chanrobles virtual law library
Sec. 12. (Not applicable to the Philippines.) chanrobles virtual law library
Sec. 13. This Act shall apply to all contracts for carriage of goods by seas to or
from ports of the United States in foreign trade. As used in this Act the term
"United States" includes its districts, territories, and possessions: Provided,
however, that the Philippine Legislature may by law exclude its application to
transportation to or from ports of the Philippine Islands. The term "foreign trade"
means the transportation of goods between the ports of the United States and
ports of foreign countries. Nothing in this Act shall be held to apply to contracts
for carriage of goods by sea between any port of the United States or its
possessions and any other port of the United States or its possessions: Provided,
however, that any bill of lading or similar document of the title which is evidence
of a contract for the carriage of goods by sea between such ports, containing an
express statement that it shall be subject to the provisions of this Act; shall be
subjected hereto as fully as if subject hereto by the express provisions of this Act:
Provided, further, that every bill of lading or similar document of title which is
evidence of a contract for the carriage of goods by sea from ports of the United
States in foreign trade, shall contain a statement that it shall have effect subject
to the provisions of this Act. chanrobles virtual law library
Sec. 14. Upon the certification of the Secretary of Commerce that the foreign
commerce of the United States in its competition with that of foreign nations is
prejudiced by the provisions, or any of them, of the Title I of this Act, or by the
laws of any foreign country or countries relating to the carriage of goods by sea,
the President of the United States may, from time to time by proclamation,
suspend any or all provisions of Title I of this Act for such periods of time or
indefinitely as may be designated in the proclamation. The President may at any
time rescind such suspension of Title I hereof, and any provisions thereof which
may have been suspended shall thereby be reinstated and again apply to contracts
thereafter made for carriage of goods by sea. Any proclamation of suspension or
rescission of any such suspension shall take effect on the date named therein,
which date shall be not less than ten days from the issue of the proclamation.
Any contract for the carriage of goods by sea, subject to the provisions of this Act,
effective during any period when Title I hereof, or any part thereof, is suspended,
shall be subject to all provisions of law now or hereafter applicable to that part of
Title I which may have thus been suspended. chanrobles virtual law library
Sec. 15. This Act shall take effect ninety days after the date of its approval; but
nothing in this Act shall apply during a period not to exceed one year following its
approval to any contract for the carriage of goods by sea, made before the date on
which this Act is approved nor to any bill of lading or similar document of title
issued, whether before or after such date of approval in pursuance of any such
contract as aforesaid. chanrobles virtual law library

Sec. 16. This Act may be cited as the "Carriage of Goods by Sea Act."

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law library

Approved: April 16, 1936

Try this link baby..

http://www.syciplaw.com/Documents/Maritime%20Handbook%20Parts%20I%20to
%20III%20%282011%29.pdf