Professional Documents
Culture Documents
Warehouseman (WHM)
Warehouse (WH)
1. Location of the WH
2. Consecutive number of the receipt
3. Date of the issue
4. A statement whether the goods received will be
Delivered to bearer, to a specified person or to a
specified person or his order
5. Signature of the WHM
6. If the receipt is issued for goods of which the
Warehouseman is the owner, either solely or
WAREHOUSE RECEIPTS (WHR) LAW jointly or in common with others, the fact of such
(ACT 2137, AS AMENDED) ownership; and
7. Description of the goods
8. A statement of the amount of advances made
Warehouse Receipt (WHR) and of liabilities incurred for which the
warehouseman claims a Lien.
It is a written acknowledgment by the warehouseman 9. Fees (Sec. 2, WH Law).
that he has received and holds certain goods therein
described in his warehouse for the person to whom Effects of omission of any of the essential terms
the document is issued. The warehouse receipt has (CIV-N)
two-fold functions, that is, it is a contract and a
receipt (Telengtan Bros. & Sons v. CA, G.R. No. 1. Conversion of the contract to ordinary deposit.
L-110581, Sept 21, 1994). 2. Injured person can hold WHM liable for all
damages caused by the omission
Warehouse receipt law v. Documents of title under 3. Validity of receipt not affected
the Civil Code 4. Negotiability of receipts not affected (Gonzales v.
Go Fiong & Luzon Surety Co., G.R. No. 91776,
WAREHOUSE DOCUMENTS OF TITLE Aug. 30, 1958).
RECEIPTS LAW UNDER CIVIL CODE
Prohibited terms in a Warehouse Receipt
Warehouse receipts Other receipts of
issued by warehouses, documents issued in
A warehouseman may insert in a receipt issued by
whether public or bailment contracts other
him, any other terms and conditions provided that
private, bonded or than warehouse receipts
such terms and conditions shall not be (C2-RMN):
not. (Art.1507-1520 NCC)
1. Contrary to the Warehouse Receipts Law
(Sec. 3).
GR: Warehouseman shall be liable for damages for 1. The transferee ACquires title against the transferor
non-existence or misdescription of goods at the time 2. There is no Direct obligation of the WHM; and
of its issue. 3. The transferee can Compel the transferor to
complete the negotiation by indorsing the
XPN: When the goods are described based on: instrument. Negotiation takes effect as of the time
1. Series or labels upon them when the indorsement is actually made.
2. Statement that the goods are of certain kind.
Rights of the owner of the Negotiable Warehouse
Person to whom the goods should be delivered Receipt in case the signature of an owner was forged
(PDO) and the forger was able to withdraw the goods from
the Warehouseman
1. To the person lawfully entitled to the Possession of
the goods, or his agent; 1. If under WHR, the goods are deliverable to the
2. To the person entitled to Delivery under a depositor or to his order, the owner of the said
non-negotiable instrument or with written authority; negotiable receipt may proceed against the WHM
or and/or the holder.
3. To the lawful Order of a negotiable receipt (person 2. Without the valid indorsement of the owner to the
in possession of a negotiable receipt) (Sec. 9, WHR holder or in blank, the WHM is liable to the owner for
Law). conversion in the misdelivery.
,
3. If the goods are deliverable to bearer, the owner
KINDS may only proceed against the holder. The WHM is not
liable for conversion where the goods are delivered
Kinds of Warehouse Receipt to a person in possession of a bearer negotiable
instrument.
1. Negotiable warehouse receipt
2. Non-negotiable warehouse receipt Duplicate receipts must be so marked in case one
negotiable receipt is issued for the same goods
Negotiable WHR
A WHM shall be liable for all damages caused by his
It is a receipt in which it states that the goods failure to do so to anyone who purchased the
received will be delivered to the bearer or to the subsequent receipt for value supposing it to be an
order of any person named in such receipt (Sec. 5, original, even though the purchase be after the
WHR Law). It is negotiated by delivery or delivery of the goods by the WHM to the holder of
indorsement plus delivery. the original receipt (Sec. 6, WHR Law).
NOTE: No provision shall be inserted in a negotiable receipt NOTE: The word “duplicate” shall be plainly placed upon
that it is non-negotiable. Such provision, if inserted, shall be the face of every such receipt, except the first one issued
void, and the receipt shall remain negotiable. A negotiable (ibid.).
warehouse receipt cannot be converted into
non-negotiable (Sec. 5, WHR Law). Non-Negotiable Warehouse Receipt
Person who may negotiate a Negotiable Warehouse It is a receipt in which it is stated that the goods
Receipt received will be delivered to the depositor or to any
other specified person (Sec. 4, WHR Law).
Breach of duty on the part of the person making the The pledgee or mortgagee does not automatically
negotiation or fraud, mistake or duress on the become the owner of the goods but merely retains
owner of the receipt to entrust possession or the right to keep, and with the consent of the owner
custody DOES NOT impair the validity of negotiation to sell them so as to satisfy the obligation from the
of a Warehouse Receipt proceeds for the simple reason that the transaction is
not a sale but only a mortgage or pledge. Likewise, if
a. the warehouse receipt covering the goods is 1. Where the warehouse receipt contains a
not presented. Representation to that effect.
b. the lien of the warehouseman is not satisfied. 2. Where it was an Inducement for the depositor to
c. the said holder presents a materially altered enter into the contract;
warehouse receipt. 3. Established practice; or
d. All of the above. 4. Where the Law provides
1. Issuance of warehouse receipts for Good not 1. By Refusing to deliver the goods until the lien is
received (Sec. 50, WHR Law). satisfied
2. Issuance of receipt containing False statement 2. By causing the Extrajudicial sale of the property
(Sec. 51, WHR Law). and applying the proceeds of the value of the lien
3. Issuance of Duplicate negotiable warehouse 3. By filing a civil action for Collection of the unpaid
receipt not marked as such (Sec. 52, WHR Law). charges or by way of counterclaim in an action to
4. Issuance of a negotiable warehouse receipt of recover the property from him or such other
which he is an Owner without stating such fact of remedies allowed by law for the enforcement of
ownership (Sec. 53, WHR Law). a lien against personal property or to a creditor
5. Delivery of goods without Obtaining negotiable against his debtor, for the collection from the
warehouse receipt (Sec. 54, WHR Law). depositor of all the charges which the depositor
6. Negotiation of receipt for Mortgaged goods (Sec. has bound himself to pay.
55, WHR Law).
7. Commingling of goods (Sec. 24, WHR Law). Lien over the goods does not preclude the WHM to
avail all other remedies
Other acts for which Warehouse Man is liable
(DuMP-SICC) Whether a warehouseman has or has not a lien upon
the goods, he is entitled to all remedies allowed by
1. Failure to stamp “Duplicate” on copies of law to a creditor against a debtor for the collection
negotiable receipt (Sec.6, WHR Law). from the depositor of all charges and advances which
2. Misdelivery of goods (Sec. 10, WHR Law). the depositor has expressly or impliedly contracted
3. Failure to Place “non-negotiable” or with the warehouseman to pay (Sec 32, WHR Law).
“not-negotiable” on a non-negotiable receipt
(Sec. 7, WHR Law). Enforcement of a Lien
4. Failure to give notice in case of Sale of goods to
satisfy lien (Sec. 33, WHR Law) or because the The lien may be enforced against the goods of the
goods are perishable or hazardous (Sec. 34, WHR following:
Law). 1. Goods belonging to the person who is liable as
5. Issuing receipt for non-existing goods or debtor; and
misdescribed goods (Sec.20, WHR Law). 2. Goods belonging to others which have been
6. Failure to take Care of the goods (Sec. 21, WHR deposited at any time by the debtor with
Law). authority to make a valid pledge (Sec. 28, WHR
7. Failure to effect Cancellation of a negotiable Law).
receipt upon delivery of the goods (Sec. 11, WHR
Law). Effect of sale made to satisfy a warehouseman’s lien
or in case when the goods are perishable or
WAREHOUSEMAN’S LIEN hazardous in nature
Charges covered by a Warehouseman’s lien (PMA) The WHM shall not thereafter be liable for failure to
deliver the goods to the depositor or owner of the
1. Charges for storage and Preservation of the goods or to a holder of the receipt given for the
goods (insurance and others may be included as goods when they were deposited, even if such receipt
long as it is stipulated) be negotiable (Sec. 36, WHR Law).
2. Money advanced, interest, insurance,
transportation, labor, weighing, coopering and Manner of conducting the execution sale to satisfy
other charges and expenses in relation to such the warehouseman’s lien
goods
3. Charges and expenses for notice, and 1. Notice of the sale
Advertisements of sale, and for sale of the goods a. published once a week for two consecutive
where default had been made in satisfying the weeks in a newspaper published in the place
WHM’s lien (Sec. 27, WHR Law). where such sale is to be held; or
b. If there is no newspaper published in such
place, the advertisement shall be posted at