RLN
2
1. Civil Code
2. Code of Commerce (suppletory) A certificate of public convenience is not
3. Public Service Act necessary to incur liability as a common
4. RA 4136 created the Land carrier. As long as services for compensation
Transportation Commission is made one is deemed a common carrier.
RLN
3
RLN
4
Regional Container Lines (RCL) of Article 1739. In order that the common
Singapore v The Netherlands carrier may be exempted from
Insurance Company responsibility, the natural disaster
GR. No. 168151 Sept 4, 2009 must have been the proximate and
Because of the presumption, there is only cause of the loss. However, the
no need for the express finding of common carrier must exercise due
negligence. diligence to prevent or minimize loss
-shipper need not prove that CC is at before, during and after the occurrence
fault because burden of proof in of flood, storm or other natural
showing EO diligence is shifted to CC. disaster in order that the common
VIGILANCE OVER GOODS carrier may be exempted from liability
Ways for common carrier to be for the loss, destruction, or
exempted from liability (1734) deterioration of the goods. The same
1. FORCE MAJURE duty is incumbent upon the common
2. ACTS OF PUBLIC ENEMY carrier in case of an act of the public
3. ACTS/OMISSIONS OF SHIPPER enemy referred to in article 1734, No.
4.CHARACTER OF GOODS 2.
RLN
5
RLN
6
RLN
7
RLN
8
RLN
9
RLN