WARSAW

CONVENTION
"Warsaw Convention for Unification of Certain rules related to International
Carriage by Air
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WARSAW CONVENTION
"Warsaw Convention for Unification of Certain rules
related to International Carriage by Air
Signed at Warsaw, Poland
October 12, 1929
Provides for rules applicable to international transportation by air.
Became applicable to the Philippines on February 9, 1951

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 Warsaw Convention has the force and effect of a law in the

Philippines, being a treaty commitment assumed by the Philippine
Government
The convention does not operate as an exclusive enumeration of
the instances for declaring carrier liable for breach of contract of
carriage.

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"INTERNATIONAL TRANSPORTATION BY

AIR"

Under the Warsaw Convention (2) categories:

a.

b.

That where the place of departure and the place of destination are
situated within the territories of two High contracting Parties, regardless
of whether or not there be break in the transportation or a
transhipment.

That where the place of departure and the place of destination are
within the territory of a single High Contracting Party, if there is an
agreed stopping place within a territory subject to the sovereignty,
mandate, or authority of another power, even though the power is not a
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party to the Convention.

Article 28 states:
"An action for damages must be brought at the option of the plaintiff, in
the territory of one of the High Contracting Parties, either before the court
of the domicile of the carrier or of his principal place of business, or where
he has a place of business through which the contract has been made, or
before the court at the place of destination"

Warsaw Convention is not applicable if the damages is cause by its

wilful misconduct or by such default on his part

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CARRIAGE OF GOODS BY SEA

ACT (COGSA)
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COMMONWEALTH ACT NO. 65

October 22, 1936
An Act to declare that public act numbered five hundred and twenty one.
Know as "Carriage of Goods by Sea Act"
Enacted by the 74th Congress of the United States
Accepted by the National Assembly

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 The primordial purpose of the Carriage of Goods by Sea Act is to bring

about uniformity to ocean bills of lading and to give effect to the Brussels
Treaty
COGSA is applicable to all contracts for the carriage of goods by sea to
and from Philippine Ports in foreign trade.
COGSA as a special law prevails over the general provisions of the Civil
Code on prescription of action.

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PRESCRIPTION OF ACTIONS UNDER THE

COGSA
The action for loss or damage under the COGSA should be brought within
(1) year after delivery of the goods or the date when the goods should
have been delivered.
The carrier and the ship shall be discharged from all liability for such loss
or damage.
The right of the shipper to bring suit within (1) year after the delivery.

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ONE YEAR PERIOD IS

INTERRUPTED IN THE
FOLLOWING CASES:

1. In case an action has already been filed in court;

2. When there is an express agreement that an extrajudicial claim for damages will suspend the running of
the prescriptive period for in such case

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 The obligation of the carrier to

carry the goods includes the duty
not to delay their transportation
If the goods are lost or damaged
by reason of an unjustified delay,
The carrier is liable therefore;
The action is still basically one for
damage to the goods.

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OBLIGATIONS OF THE CARRIER BEFORE AND

AT THE BEGINNING OF THE VOYAGE
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.

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2) The carrier shall properly and carefully load, handle, stow, carry,
keep, care for, and discharge the goods carrier;
3) After receiving the goods into his charge the carrier, or the master
or agent of the carrier, shall, on demand of the shipper, issue to the
shipper a bill of lading showing amount other things:
4) Such a bill of lading shall be prima facie evidence of the receipt by
the carrier of the goods as therein described.

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LOSSES AND DAMAGES THE

CARRIER AND THE SHIP NOT LIABLE
1. Neither the carrier nor the ship shall be liable for loss or damages
arising or resulting from un-seaworthiness unless cause by want of
due diligence on the part of the carrier to make the ship seaworthy
2. Neither the carrier nor the ship shall be responsible for loss or
damage arising or resulting from:
a.
b.

Act, neglect, or default of the master, mariner, pilot or the servants of the carrier
in the navigation
Fire, unless caused by the actual fault

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Fatima Sarmiento & Laundgren De Jose 09/15/15

c.

Perils, dangers and accidents of the sea or the other

navigable waters;

d.

Act of God;

e.

Act of war;

f.

Act of public enemies;

g.

Arrest or restraint of princes, rulers, or people or

seizure under legal process;

h.

Quarantine restrictions;

i.

Act or omission on the shipper or owner of the goods,

his agent or representative;

j.

Strikes or lockouts or stoppage or restraint of labor

from whatever cause

k.

Riots and civil commotions

l.

Saving or attempting to save life or property at sea

m. Wastage in bulk or weight or any other loss or damage

arising from inherent defect, quality, or vice of the
goods;
n.

Insufficient packing;

o.

Latent defects not discoverable by due diligence;

p.

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

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HAGUE RULES
First International Convention on the carriage of goods by sea
Adopted in 1924
Unification of the existing legislation of several countries and was intended to
afford protection to the value of cargo
90% of nations followed
Adopted in 1936 of COGSA

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HAGUE-VISBY RULES
Updated version of Hague Rules
Obligation of the carrier
Liability of the carrier
The HagueVisby Rules were incorporated into English law by the
Carriage of Goods by Sea Act 1971

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HAMBURG RULES
The Hamburg Rules are a set of rules governing the international
shipment of goods
Did not satisfy the interest of cargo carriers
The Convention was an attempt to form a uniform legal base for the
transportation of goods on oceangoing ships.
Adoption called United Nation Convention on the Carriage of Goods by
Sea, 1978 at Hamburg, Germany
March 1978

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DOCUMENTS COMMONLY USED IN

CARRIAGE OF GOODS BY SEA ARE:
Bill of Lading
Sea Waybills
Manifest (Cargo and Freight)
Delivery orders
Mate's Receipts
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SUMMARY
Warsaw Convention is the Unification of certain rules
relating to international carriage by air, which regulates
liability for international carriage of persons, luggage, or
goods performed by aircraft for reward.
COGSA governs the rights and responsibilities between
shippers of cargo and ship-owners regarding ocean
shipments to and from the United States.
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