Below is a general legal discussion in a Philippine context and not a substitute for advice from a Philippine lawyer on a specific case.

I. Overview

Online shopping, courier deliveries, and cash-on-delivery (COD) have made one thing very common in the Philippines: parcels arriving at your doorstep in less-than-perfect condition. The basic questions:

Can you refuse a delivery if the parcel looks damaged?
What if you already accepted it and only later discovered that the item inside is broken?
Who is legally responsible — the seller, the courier, or the platform?

This article walks through the Philippine legal framework and practical rules on refusing damaged parcel deliveries, and what remedies are available.

II. Legal Framework

1. Civil Code on Common Carriers

Most couriers (LBC, J&T, etc.) are treated in law as common carriers:

A common carrier is any person or entity that transports goods or passengers, by land, water, or air, for compensation, offering its services to the public.
The Civil Code requires common carriers to observe extraordinary diligence in the vigilance over the goods while they are in their possession.
If the goods are lost, destroyed, or deteriorated, the carrier is presumed at fault or negligent, and it must prove that it used extraordinary diligence, or that the loss falls under strict exceptions (e.g., force majeure, inherent defect of the goods, fault of the shipper/consignee, act of public enemy).

Key ideas for damaged parcels:

The carrier’s responsibility generally begins when the goods are delivered to it for transport and ends upon delivery to the consignee or his/her authorized representative.
If the goods arrive visibly damaged, that is prima facie evidence that damage occurred while in the carrier’s custody, unless the carrier can prove otherwise.

2. Consumer Protection: Consumer Act of the Philippines

The Consumer Act of the Philippines (Republic Act No. 7394) establishes:

The right to safety: protection against products that are hazardous to health or property.
The right to information: accurate information regarding quality, quantity, and performance of goods.
The right to choose and right to redress: including replacement, refund, repair, or other remedies when goods are defective or non-conforming.

Although RA 7394 predates modern app-based e-commerce, its general rules still apply to:

Online merchants selling goods to consumers; and
Many marketplace/platform transactions, depending on how the platform operates (as seller, as intermediary, as logistics provider, or some combination).

3. E-Commerce and Electronic Transactions

The E-Commerce Act (RA 8792) recognizes:

The validity of electronic contracts, records, and signatures.
That your “click to buy,” emails, platform chat, and e-invoices can form part of the evidence of your contract of sale and terms of delivery.

The legal contract of sale doesn’t stop being a normal sale just because it’s online. The usual Civil Code rules on delivery, risk of loss, and warranties still apply, simply adapted to digital communication.

4. Contract of Sale vs. Contract of Carriage

There are typically two separate contracts:

Contract of Sale between seller and buyer (you).
Contract of Carriage between seller (shipper) and the courier.

Even if you paid shipping, the shipper usually has the direct contract with the courier. As a buyer:

You can pursue remedies against the seller under consumer laws and warranties.
The seller can, in turn, pursue the courier if the damage occurred during transit.
In some situations, the consignee (you) can also directly claim against the carrier as a party in interest.

III. When Does Ownership and Risk Pass to the Buyer?

Under the Civil Code:

Ownership and risk often pass to the buyer upon delivery, not merely upon payment or order placement.
For deliveries via courier, delivery to the buyer normally occurs when:
- The parcel is handed over and accepted by you (or an authorized recipient) at your address; or
- You pick it up from a branch, and it is released to you.

If the item is already damaged upon delivery, you can argue:

There was no proper delivery of the thing as agreed (non-conforming goods).
The seller has not yet fulfilled its obligation to deliver goods in the condition described/expected.
Therefore, you may refuse delivery and decline to pay, especially for COD.

IV. Right to Refuse a Damaged Parcel Before Acceptance

1. Visible Exterior Damage

If the package arrives and you see any of the following:

Torn, crushed, soaked, or punctured box
Broken seals, tampered stickers, or resealed packaging
Evidence that the package was opened and re-taped

You have strong grounds to:

Refuse to accept the parcel; and
If COD, refuse to pay.

Why?

The courier is delivering goods apparently damaged or tampered with.
The seller’s obligation is to deliver the goods in the agreed condition.
Accepting a visibly damaged parcel can make later claims more complex, especially if you signed a “received in good condition” acknowledgment.

2. Inspection Before Acceptance

In practice, many couriers or sellers adopt a “no open, no return” policy, especially for COD. From a consumer protection perspective:

A clause that prevents you from confirming that the item is conforming before you pay is legally doubtful.
Contracts of adhesion, where terms are imposed unilaterally by the business, are strictly construed against the drafter.
If the packaging is clearly damaged or tampered with, a reasonable buyer’s insistence to inspect should be respected.

Realistically, you may encounter riders who say they are “not allowed” to let you open the parcel before paying. You then face a practical choice:

Option A – Refuse outright due to visible damage/tampering.
Option B – Accept and pay, but immediately document damage, then pursue refund or replacement with seller/platform.

From a risk-management angle, for clearly damaged parcels, refusal is usually safer.

V. Rights and Remedies After Acceptance (Hidden or Internal Damage)

Sometimes the carton looks fine, but the item inside is broken, missing parts, or not as described.

1. Implied and Express Warranties

The Consumer Act and Civil Code recognize:

Implied warranties: that the goods are reasonably fit for their ordinary use and conform to their description.
Express warranties: specific promises about quality, features, or performance (often in product listings).

If the item is damaged or defective, even after you’ve accepted delivery, you may demand from the seller:

Repair, if reasonable;
Replacement with a conforming item;
Refund (rescission of sale), especially if defect is substantial or not curable within reasonable time; and/or
Price reduction.

2. Whether to Go After the Seller or the Courier

As a consumer, the simplest practical route is:

Claim first against the seller/platform, since your payment obligation is owed to them and they made the product representations.
The seller can then file a claim against the courier under their shipping contract.

You might also have a direct action against the courier based on:

The Civil Code obligations of common carriers; and
The waybill/terms of carriage, if they can be interpreted as including you as a beneficiary.

However, going through the seller/platform handling system is often quicker and less technical.

VI. Cash-on-Delivery (COD) and Refusal Rights

COD raises special issues because payment and delivery happen at the same time:

Legally, the delivery and payment are concurrent obligations.
If the item delivered is not as agreed, you may argue there is no obligation to pay.

1. Refusing to Pay for a Damaged Parcel

You can legitimately:

Refuse to pay and reject the parcel if it is:
- Evidently damaged;
- Evidently tampered with; or
- Obviously not what you ordered (e.g., obviously wrong size/item, wrong name on label, etc.).

The courier then returns the parcel to the warehouse/seller as “refused” or “RTS” (return to sender).

2. “No Inspection Before Payment” Clauses

Many COD systems say you must pay first before you can open the package. This is mainly for operational convenience and fraud prevention, but it does not erase:

Your statutory consumer rights under RA 7394; and
Your civil law rights to be delivered the correct, non-defective item.

If allowed, a minimal inspection (e.g., checking model/variant, obvious damage) BEFORE paying is ideal. If the courier strictly refuses, but the parcel is visibly compromised, you are on firmer ground to decline the transaction entirely.

VII. Practical Steps When Refusing a Damaged Parcel

If you decide to refuse a damaged or dubious parcel:

Politely inform the rider/driver that you are refusing delivery due to:
- Damaged packaging;
- Broken seal/tampered box; or
- Clear mismatch (wrong name, wrong product label, etc.).
Take photos or video:
- The parcel as it appears at your door (while still in the rider’s custody, if possible);
- Any waybill or sticker showing tracking number, seller, and your name/address.
Ask the rider to note on their app or waybill:
- “Refused – damaged packaging” or similar wording.
Notify the seller or platform immediately:
- Use the app chat, email, or website support;
- Attach the photos/videos and the tracking details;
- Clearly state that you refused delivery because the parcel arrived damaged/tampered.
Keep copies of:
- Screenshots of chats;
- Photos/videos;
- Any text messages or emails.

This documentation matters if there is later a dispute over who bears the loss.

VIII. What if You Already Accepted and THEN Discover Damage?

You may have signed or tapped “received” and only later realized the contents are damaged.

You should:

Document immediately:
- Take photos and a video of the unboxing and the defect;
- Show the item, packaging, and any internal protective materials (or lack thereof).
Contact the seller/platform as soon as possible:
- Many platforms have return windows (e.g., 7 days).
- Even outside a platform’s policy, you can rely on legal warranties.
Explain the sequence:
- That the damage was discovered promptly;
- That the defect was not visible from the outside at the time of delivery.
Avoid tampering further with the item beyond what is needed to inspect it:
- Don’t attempt repairs that might later be used as grounds to claim that you caused the damage.

While accepting the parcel can weaken certain claims against the courier, your claims against the seller (based on warranties and misdelivery) remain.

IX. Contract Clauses Limiting Courier Liability

Couriers typically include fine-print clauses like:

Limits on maximum claim amount (e.g., based on declared value).
Short time limits for filing claims (e.g., 24–48 hours).
Exclusions for fragile items, improper packaging by shipper, etc.

Under Philippine law:

Exculpatory clauses that seek to completely free the carrier from liability for its own negligence (especially gross negligence) are generally void as against public policy.
Limitations on amount of liability (e.g., capped at declared value) may be allowed, if reasonable and clearly communicated.
Strict procedural deadlines in small print may be challenged if they are oppressive or not reasonably brought to your attention, especially against consumers.

Still, as a practical matter, complying with any reasonable notice requirement and filing a claim quickly improves your chances.

X. Platform / Marketplace Responsibility

In many e-commerce setups there are three actors:

Seller (store/merchant),
Courier/logistics provider, and
Platform (e.g., an online marketplace or app).

Depending on how the platform operates:

If the platform itself is the seller or co-seller (“sold by X” with logo, handles order, payment, and fulfillment), it can be treated as a direct seller under consumer law.
If it is a mere intermediary, it may still carry obligations to:
- Exercise due diligence in vetting sellers;
- Provide effective complaint mechanisms;
- Cooperate in consumer redress processes.

In practice, the platform’s return/refund policies often determine:

How quickly you get a refund or replacement; and
Whether the platform itself absorbs the loss then recovers from the merchant/courier.

XI. Unsolicited Parcels and “Scam” Deliveries

Sometimes people receive parcels:

Addressed to them, but from unknown sellers;
For items they did not order; especially COD scams.

You generally have the right to:

Refuse any parcel you did not order or did not consent to receive.
Refuse to pay any COD amount for unsolicited goods.

If a rider pressures you to pay for something you clearly did not order, you can:

Decline,
Ask them to mark it as “refused – not ordered,” and
Report the incident to the platform or courier, and if necessary to authorities (especially if there are patterns of fraud).

XII. Administrative and Judicial Remedies

If your attempts to resolve the matter directly with the seller/platform/courier fail, you may consider:

1. Complaint with Consumer or Trade Authorities

You can file a complaint with government consumer-protection offices (e.g., Department of Trade and Industry for trade practices). Typical issues:

Failure to honor warranties;
Refusal to refund/replace obviously damaged goods;
Persistent unfair or deceptive practices.

These agencies can:

Mediate disputes,
Require the business to respond, and
In some cases, impose fines or administrative sanctions.

2. Barangay Conciliation

For controversies between individuals (e.g., private seller vs. buyer) in the same city/municipality:

You may be required to undergo barangay conciliation (Lupong Tagapamayapa) before going to court, unless exempted.
This is a low-cost, informal dispute resolution mechanism.

3. Court Action (Including Small Claims)

Depending on the amount involved and the nature of the claim:

You may file a small claims case (no lawyers needed, up to a legally set monetary ceiling); or
A regular civil action for damages and/or specific performance.

In such cases, your evidence will matter:

Photos, videos of the parcel and defect;
Screenshots of product listing and description;
Order confirmations, receipts, waybills, and tracking info;
Chat logs and emails showing your complaints and the seller’s response.

XIII. Practical Tips for Consumers in the Philippines

Inspect the parcel visually before signing:
- Look for tears, dents, or signs of tampering.
- If something looks wrong, don’t be shy to raise it.
If visibly damaged, consider refusing:
- Especially for COD, avoid paying for an obviously compromised parcel.
Document everything:
- Photos/video at delivery.
- Unboxing video, especially for high-value items.
Know the platform’s return policies, but remember:
- These policies cannot legally deprive you of basic statutory rights.
Act quickly:
- The longer you wait, the easier it is for the seller or courier to argue:
  - Damage occurred after delivery; or
  - You waived your right to complain.
Keep communication in writing:
- Chat, SMS, or emails create a record.
- Summarize phone calls in a follow-up email (“As discussed earlier, you said…”).
Escalate if needed:
- Ask for a supervisor or higher-level support.
- If not resolved, consider regulatory complaints or legal action proportional to the value involved.

XIV. Summary

In the Philippine setting, your right to refuse a damaged parcel rests on several pillars:

The Civil Code’s strict obligations on common carriers;
The Consumer Act’s guarantees of product quality and consumer redress;
The general rules of sales and delivery, where payment is due only for conforming goods;
The limitation of oppressive clauses in contracts of adhesion, like “no inspection, no return” when they effectively strip you of basic protections.

Practically, you have a strong legal basis to:

Refuse obviously damaged or tampered parcels, particularly in COD transactions;
Demand repair, replacement, or refund for defective goods even after acceptance; and
Pursue administrative or judicial remedies if businesses fail to honor these rights.

If you’re facing a specific dispute (e.g., a high-value item or a pattern of abusive conduct by a seller or courier), it’s wise to consult a Philippine lawyer who can apply these general principles to the exact facts and latest regulations.