Short answer. It begins when the goods are unconditionally placed in the carrier's possession and received for transport, and ends only on delivery to the consignee or someone entitled to receive them. Loading, unloading and storage in transit fall inside that window, not outside it.
What the law says
lasts from the time the goods are unconditionally placed in the possession of, and received by the carrier for transportation until the same are delivered, actually or constructively, by the carrier to the consignee, or to the person who has a right to receive them
Civil Code, Article 1736 — Duration of the Carrier's Responsibility. Read the full provision →
What the law says
remains in full force and effect even when they are temporarily unloaded or stored in transit
Civil Code, Article 1737 — Diligence During Temporary Unloading. Read the full provision →
The window Article 1736 draws
The carrier's extraordinary responsibility lasts from the time the goods are unconditionally placed in the possession of, and received by the carrier for transportation until the same are delivered, actually or constructively, by the carrier to the consignee, or to the person who has a right to receive them. Two words carry the weight at each end. At the start, unconditionally: goods left at a terminal on the shipper's own conditions, awaiting inspection or documents, are not yet in the carrier's charge. At the finish, delivery must be to the consignee or someone with a right to receive, which is why a wrong-hands delivery is not delivery at all.
It does not start when the truck moves
Shippers and carriers alike tend to picture responsibility beginning at departure and ending when the wheels stop. The article says otherwise. Receipt, not movement, starts the clock, so goods sitting in the carrier's yard after acceptance and before dispatch are already covered. At the other end, arrival at a port or depot is not delivery; the goods remain the carrier's responsibility while they await release, and unloading is part of the carriage rather than after it.
Storage in transit does not break the chain
Carriers frequently transship, consolidate or hold cargo at a hub between legs. Article 1737 forecloses the argument that responsibility lapses meanwhile: the duty remains in full force and effect even when they are temporarily unloaded or stored in transit. The one qualification in that article is the shipper's own exercise of the right of stoppage in transitu, which is a decision the shipper makes, not an interruption the carrier can rely on. A warehouse receipt issued mid-journey does not convert the carrier into a mere depositary.
What settles a start-and-end dispute
Documents with times on them. The bill of lading or waybill, the gate or tally record showing when the goods were taken in and in what condition, the arrival notice, and the delivery receipt with the name and capacity of whoever signed it. Where a claim turns on this article, the fight is usually over the receipt at one end or the signature at the other. Note any exception on the delivery receipt before you sign, photograph the seal and the goods at handover, and keep whatever the carrier issued at pickup.
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.
- Keihin-Everett Forwarding Co., Inc. vs. Tokio Marine Malayan Insurance Co., Inc. and Sunfreight Forwarders, G.R. No. 212107, January 28, 2019 — read the decision on LawPhil →
- Nedlloyd Lijnen B.V. Rotterdam and The East Asiatic Co., Ltd. vs. Glow Laks Enterprises, Ltd, G.R. No. 156330, November 19, 2014 — read the decision on LawPhil →
- Benito Macam, etc., et al. vs. Court of Appeals & Wallem Philippines, etc., et al, G.R. No. 125524, August 25, 1999 — read the decision on LawPhil →
- The Union Insurance Society of Canton vs. Court of Appeals, et al, G.R. No. 100319, August 8, 1996 — read the decision on LawPhil →
Related provisions
- Civil Code, Article 1736 — Duration of the Carrier's Responsibility
- Civil Code, Article 1737 — Diligence During Temporary Unloading