1. To what contracts shall Cogsa Apply? Operation and agreement Settled in the case of Sea-Land Service Inc.

vs Intermediate Appellate court, the SC held that Cogsa is made applicable to all contracts for the carriage of goods by sea to and from Philippine
ports in foreign trade by Commonwealth Act No. 65. More so, the operation herein must be maritime or water transportation for the carriage of goods and for overseas or international or foreign. Nevertheless, cogsa may also be applied in domestic sea transportation provided such was agreed upon by the parties.

2. When was Cogsa made to apply in the Philippines?

The act shall take effect upon approval. Approved on October 22, 1936

3. In case of conflict, which shall prevail, code of commerce or cogsa?

It must be emphasized that the COGSA is a special law but it cannot be construed as repealing or limiting any provision of the code of commerce. Hence, it can operate as suppletory law to the code of commerce, supplying the deficiencies thereof relating to contracts of carriage of goods by sea in foreign trade. If the provision is specific in cogsa, COGSA should prevail. But if the provision is general in COGSA, then the code of commerce will be applied. Sa general rules wala xay labot. Except if specific ang provision sa COGSA. As what I have said kanina, ang COGsa wala na xa naga repeal sa code of commerce. Ang code of commerce ang remedy nalng if specific xa sa COGSA then COGSA will apply. Pero other provision dili specific sa cogsa we will apply the code of commerce. 4. To what contracts of carriage does COGSA apply?
The term "contract of carriage" applies only to contracts of carriage 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 charter 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.

5. to what goods does the Cogsa apply?

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.

6. over goods transported, what period is covered by GOGSA? The term "carriage of goods" covers the period from the time when the goods are loaded on to the time when they are discharged from the ship. 7. Is the bill of lading considered as a conclusive evidence that the goods described therein had been received by the common carrier?

No, bill of lading shall only be a prima facie evidence of receipt by the carrier of goods as therein described in accordance with paragraphs (3) (a), (b), and (c) of section 3 of responsibilities. 8. May COGSA still apply to transhipment of cargo via interisland vessel?

Yes, cogsa still apply to transhipment of cargo via interisland vessel in the case of Sea-Land Service Inc. vs Intermediate Appellate Court, the Supreme Court has ruled that the Carriage of Goods by Sea Act is applicable up to the final port of destination and that the fact that transhipment was made on an interisland vessel did not remove the contract of carriage of goods from the operation of said Act. COGSA is applicable despite the fact that goods were transhipped on an interisland vessel. Transhipment of the cargo from manila to cebu was not a separate contract from that originally entered into by the parties but was a part of the carriers contractual obligation. Therefore, transhipment made via interisland vessel cannot operate to remove the transaction from the operation of carriage of goods by sea act. So COGSA will still apply. 9. How is the period of prescription computed in cases of loss of goods?
Under COGSA, 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(in case of damage) or the date when the goods should have been delivered(in case of loss).

10. What is the meaning of Loss under Cogsa? Under Cogsa, loss contemplates merely a situation where no delivery at all was mde by the shipper of the goods because the same had peished, gone out of commerce, or disappeared in such a way that their existence is unknown or they cannot be recovered. The term loss in cogsa will exclude misdelivery. Loss my refers to the deterioration or desapperance of goods. 11. If the goods were misdelivered, within what period must the consignee claim action against the common carrier? The prescriptive period for suits predicated not upon lost or damage but on alleged misdelivery or conversion of goods is either 10 years for breach of a written contract or four years for quasidelict(meaning there is negligence) that is found in the new civil code. The one year prescriptive period under Cogsa is not applicable in cases of misdelivery or conversion. ( 10 years if my Bill of Lading, 6 years pag wala, oral lng, 1 year when we talk about Cogsa).