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MEMORY AID IN COMMERCIAL LAW
TRANSPORTATION LAWS
Parties
1. Common carrier 1. Common carrier
2. Shipper 2. Passenger
3. Consignee
Cause of liability
Delay in delivery, loss, destruction, or deterioration of Death or injury to the passengers
the goods
Duration of liability
From the time the goods are unconditionally placed in The duty of a common carrier to provide safety to its
the possession of, and received by the carrier for passengers so obligates it not only during the course
transportation until the same are delivered actually or of the trip, but for so long as the passengers are within
constructively by the carrier to the consignee or to the its premises and where they ought to be in pursuance
person who has the right to receive them. (Art. 1736) to the contract of carriage. (LRTA v. Navidad, [2003])
It remains in full force and effect even when they are All persons who remain on the premises within a
temporarily unloaded or stored in transit unless the reasonable time after leaving the conveyance are to
shipper or owner has made use of the right of stoppage be deemed passengers, and what is a reasonable
in transitu. (Art. 1737) time or a reasonable delay within this rule is to be
It continues to be operative even during the time the determined from all the circumstances, and includes a
goods are stored in a warehouse of the carrier at the reasonable time to see after his baggage and prepare
place of destination until the consignee has bee for his departure. (La Mallorca v. CA, 17 SCRA 739 ;
advised of the arrival of the goods and has had Abiotiz Shipping Corporation v. CA, 179 SCRA 95)
reasonable opportunity thereafter to remove them or It is the duty of common carriers of passengers to
otherwise dispose of them. (Art. 1738) stop their conveyances a reasonable length of time in
Delivery of goods to the custom authorities is not order to afford passengers an opportunity to enter,
delivery to the consignee. (Lu Do v. Binamira, 101 Phil and they are liable for injuries suffered from the
120) sudden starting up or jerking of their conveyances
while doing so. The duty which the carrier of
passengers owes to its patrons extends to persons
boarding the cars as well as to those alighting
therefrom (Dangwa Trans Co., Inc. vs. CA 202 SCRA
574).
Presumption of negligence
Valid stipulations
1. Reduction of degree of diligence to ordinary Stipulation limiting liability when a passenger is carried
diligence, provided it be: gratuitously, but not for willful acts or gross
a) In writing, signed by the shipper or owner; negligence. (Art. 1758)
b) Supported by a valuable consideration other
than the service rendered by the carriers;
and
c) Reasonable, just and not contrary to public
policy. (Art. 1744)
2. Fixed amount of liability: A contract fixing the sum to
be recovered by the owner or shipper for the loss,
destruction or deterioration of the goods, if it is
reasonable and just under the circumstances and has
been fairly and freely agreed upon. (Art. 1750)
3. Limited liability for delay: An agreement limiting the
common carrier’s liability for delay on account of strikes
or riots (Art. 1748)
4. Stipulation limiting liability to the value of the goods
appearing in the bill of lading, unless the shipper or
owner declares a greater value. (Art. 1749)
Void stipulations
1. That the goods are transported at the risk of the Dispensing with or lessening the extraordinary
owner or shipper; responsibility of a common carrier for the safety of
2. That carrier will not be liable for any loss, passengers imposed by law by stipulation, by posting
destruction or deterioration of the goods; of notices, by statements on tickets or otherwise. (Art.
3. That the carrier need not observe any diligence 1757)
in the custody of the goods;
4. That the carrier shall exercise a degree of
diligence less than that of a good father of a family
over the movable transported;
5. That the carrier shall not be responsible for the
acts or omissions of his or its employees;
6. That the carrier’s liability for acts committed by
thieves or robbers who do not act with grave or
irresistible threat, violence or force is dispensed with
or diminished;
7. That the carrier is not responsible for the loss,
destruction or deterioration of the goods on account
of the defective condition of the car, vehicle, ship or
other equipment used in the contract of carriage. (Art.
1745)
The insurer exercising its right of subrogation is LIABILITY OF CARRIER FOR DAMAGES
bound by the one-year prescriptive period. 1. Death or injury of a passenger if the accident
However, it does not apply to the claim against the causing it took place on board the aircraft or in the
insurer for the insurance proceeds. (Fil. Merchants course of its operations of embarking or
Ins. Co. vs. Alejandro; Mayer Steel Pipe Corp. vs. disembarking; (Art. 17)
CA) 2. Destruction, loss or damage to any baggage or
goods, if it took place during the “transportation by
IV. WARSAW CONVENTION OF 1929 (WC) air”; (Art. 18) and
Transportation by air – The period during which
PURPOSE: To protect the emerging air the baggage or goods are in the charge of the
transportation industry and to secure the uniformity carrier, whether in an airport or on board an aircraft,
of recovery by the passengers. or, in case of a landing outside an airport, in any
APPLICABILITY place whatsoever.
The transportation must be: It includes any transportation by land or water
1. International transportation; outside an airport if such takes place in the
2. Air transportation; and performance of a contract for transportation by air,
3. Carriage of passengers, baggage or for the purpose of loading, delivery, or
goods. transshipment.
The WC shall also apply to fortuitous 3. Delay in the transportation of passengers,
transportation by aircraft performed by an air baggage or goods. (Art. 19)
transportation enterprise.
Note: The Hague Protocol amended the WC by
International transportation - any transportation in removing the provision that if the airline took all
which the place of departure and the place of necessary steps to avoid the damage, it could
destination are situated either: exculpate itself completely (Art. 20(1)). (Alitalia vs.
1. Within the territories of two High Contracting IAC, 192 SCRA 9)
Parties regardless of whether or not there be a
break in the transportation or transshipment, or LIMIT OF LIABILITY (Art. 22, as amended by
2. Within the territory of a single High Guatemala Protocol, 1971; Alitalia vs. IAC)
Contracting Party, if there is an agreed 1. Passengers
stopping place within a territory subject to the GENERAL RULE: $100,000 per passenger
sovereignty, mandate or authority of another EXCEPTION: Agreement to a higher limit
power, even though that power is not a party to
the Convention. (“round trip”, Am. Jur.)
Must be done with the Only the consent of the PUBLIC SERVICE
consent of the tugboat owner is A person who owns, operates, manages or
captain/crewmen needed controls in the Philippines for hire or compensation,
with general or limited clientele, whether permanent,
Vessel must be Vessel need not be occasional or accidental, and done for general
involved in an accident involved in an accident business purposes, any common carrier or public
utility, ice plants, power and water supplies,
Fees distributed Fees belong to the communication and similar public services. (Sec.
among crewmen tugboat owner 13b, CA 146)
A casual or incidental service devoid of public
character and interest is not brought within the
RULES ON SALVAGE REWARD
category. The question depends on such factors as
1. The reward is fixed by the RTC judge in the
the extent of services, whether such person or
absence of agreement or where the latter is
company has held himself or itself out as ready to
excessive. (Sec. 9)
serve the public or a portion of the public generally.
2. The reward should constitute a sufficient
(Luzon Stevedoring vs. PSC)
compensation for the outlay and effort of the
salvors and should be liberal enough to offer
NOTE: The Public Service Commission created
an inducement to others to render services in
under the Public Service Law has already been
similar emergencies in the future.
abolished under P.D. No. 1 and other issuances. It
3. If sold (no claim being made within 3 months
has been replaced by the following government
from publication), the proceeds, after deducting
agencies: LTO; LTFRB; ATO; BOE; NTC; NEA;
expenses and the salvage claim, shall go to
ERB; NWRC; CAB; and MIA.
the owner; if the latter does not claim it within 3
years, 50% of the said proceeds shall go to the
salvors, who shall divide it equitably, and the
CERTIFICATE OF CERTIFICATE OF
other half to the government. (Secs. 11-12)
PUBLIC PUBLIC
4. If a vessel is the salvor, the reward shall be
CONVENIENCE CONVENIENCE AND
distributed as follows:
(CPC) NECESSITY (CPCN)
a. 50% to the shipowner;
b. 25% to the captain; and
KABIT SYSTEM
A system whereby a person who has been
granted a certificate of public convenience allows
other persons who own motor vehicles to operate
under such license, for a fee or percentage of such
earnings. It is void and inexistent under Art. 1409,
Civil Code.
Effects:
1. The transfer, sale, lease or assignment of the
privilege granted is valid between the
contracting parties but not upon the public or
third persons. (Gelisan vs. Alday, 154 SCRA
388)