Short answer. Yes. Under Article 1903 of the Civil Code, a commission agent is responsible for goods received in the terms and condition described in the consignment — unless, upon receiving them, they make a written statement of any damage or deterioration the goods suffered. Without that written statement at the time of receipt, you risk being held liable for pre-existing damage.
What the law says
The commission agent shall be responsible for the goods received by him in the terms and conditions and as described in the consignment, unless upon receiving them he should make a written statement of the damage and deterioration suffered by the same.
Civil Code, Article 1903 — Commission Agent's Responsibility for Goods. Read the full provision →
The default: you are responsible as described
Article 1903 places the starting burden squarely on the commission agent: "The commission agent shall be responsible for the goods received by him in the terms and conditions and as described in the consignment." The consignment note or delivery document sets the baseline. If the goods are described as being in good condition and you accept them without comment, the law treats you as having received goods matching that description. When the goods are later found damaged, the presumption runs against you — you had the goods and you are accountable for them as originally described.
The written statement that protects you
The exception is clear but the form matters: you must make a written statement of the damage or deterioration upon receiving the goods. A verbal complaint to the carrier or a mental note is not enough. The writing must be made at the time of receipt — not the next day, not after the principal calls. Document the specific damage, the condition of packaging, and anything else that shows the goods did not match the consignment description when they were handed to you. Photographs taken immediately can support the written record, but the written statement itself is what the statute requires.
Why timing is critical
The requirement that the written statement be made upon receiving the goods is not arbitrary. Damage that appears after the goods are in your possession is genuinely harder to attribute to what happened before delivery. An immediate written record made when the goods change hands is the most reliable evidence that the condition was pre-existing. If you wait and then claim the damage was there on arrival, the principal — or a court — will reasonably ask why you said nothing at the time. A delayed complaint carries far less weight than a contemporaneous written notation.
Practical steps at the point of receipt
When you receive goods as a commission agent, inspect the shipment immediately before signing any delivery receipt. If you observe damage, broken seals, wet packaging, crushed boxes, or any condition that differs from what the consignment describes, note it in writing on the delivery receipt or in a separate written statement addressed to the carrier and the principal. Keep a copy. If the carrier refuses to acknowledge the notation, send a written notice to the principal separately. Acting immediately on arrival is the only reliable way to avoid inheriting liability for damage you did not cause.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Philippine Rabbit Bus Lines, Inc. vs. Heirs of Eduardo Mangawang, et al, G.R. No. 160355, May 16, 2005 — read the decision on LawPhil →
- Pepe Catacutan vs. Heirs of Norman Kadusale, et al, G.R. No. 131280, October 18, 2000 — read the decision on LawPhil →