1. NPC v.

CA
- PIA can receive power directly from NPC bec it is a public utility

2. Albano v. Reyes
- Even tho MICT is a public utility, it doesn’t need legisaltive franchise

3. Agan v. PIATCO
- Gov and PIATCO signed a concession agreement
- State can temporarily take over business in times of national emergency

4. Iloilo Ice and Cold Storage

- PUC declared it as pub utility but it is private

5. Tatad v. Garcia
- EDSA LRT Corp., foreign, can own EDSA LRT III which is a public utility

6. Pantranco v. PSC
- Patranco applied to operate 10 additional trucks. PSC added several conditions =
legislative power granted to PSC is constitutional

7. PAL v. Civil Aeronautics and Grand Air

- CAB did not act beyond its powers and jurisdiction in taking cognizance of Grand Airs
application for the issuance of a Certificate of Public Convenience and Necessity.
Nothing in the law which indicates that a legislative franchise is indispensable
requirement to operate a domestic air transport operator

8. Air France v. Carrascoso

- public duty to respect passengers

9. Singson v. CA
- Cathay failed to confirm the booking of petitioner, there was already contract of
carriage when he bought ticket regardless of opendated tickets

10. Perena v. Zarate

- railroad crossing; van was common carrier
Pereñas operated as a common carrier because they held themselves out as a ready transportation
indiscriminately to the students of a particular school

11. Natl Steel Corp v. CA

- steel products shipped were wet and rusty
- Because the MV Vlasons I was a private carrier, the ship owner’s obligations are
governed by the foregoing provisions of the Code of Commerce and not by the Civil Code
which, as a general rule, places the prima facie presumption of negligence on a common
carrier.

12. First Phil Industrial v. CA

- charged for local tax
- pipeline concessionaire is a common carrier
- no distinction bet. person or enterprise offering transportation service on a regular or
scheduled basis and one offering such service on an occasional, episodic or unscheduled
basis. Neither does Article 1732 distinguish between a carrier offering its services to the 'general
public,' i.e., the general community or population, and one who offers services or solicits
business only from a narrow segment of the general population. Furthermore, It does not provide
that the transportation of the passengers or goods should be by motor vehicle. A pipeline concessionaire
that is engaged only in transporting petroleum products is considered a common carrier under RA 387.

13. ALS v. CA
- Asia Lighterage deliver white wheat to general milling corp; suspended due to a
warning of typhoon. tied down to other barges, developed a hole
- did not exercise exord diligence

14. De Guzman v. CA
- 150 boxes milk out of 600 were delivered, others were hijacked
- common carrier but not liable bec hijacked

15. Gatchalian v. Delim

- snapping sound in the bus
- did not exercise extraordinary diligence

16. Aboitiz
- crane ; the relation of carrier and passenger continues until the passenger has been landed at
the port of destination and has left the vessel owner’s dock or premises

17. Trans Asia

- atty arroyo, conked out in open sea
- shipping line is liable bec unseaworthy

18. Negros Navigation

- collided vessels, died
- grossly negligent bec mahjong

19. Brinas
- grandmother died with grandchild nahulog sa train
- damages granted
- tama yung despite the filing with it of the separate civil action against the Manila
Railroad Company, it still awarded death indemnity in the judgment of conviction against
the petitioner-appellant. It

20. China airlines

- taipei to lax
NOT attended by gross neg

21. Bascos
- soybean cargo,hijacked not force majeure bec it was not a first hand account / should
be grave threat
22. Pilapil
- thew a stone eye

23. PAGI v MGG

- san migeuel insured beer bottle cases
- weathr was calm at first, then ship sank bec of shifting of ballast water from starboard
to portside
- not liable due to fortuitous event

24. Ganzon v. CA
- order or act of competent public authority
iron scraps

25. Southern Line

- shipped sacks of rice 41 sacks shortage
- liable for loss for improper packing that led to sshrinkage of rice leakage is known to
the carrier

25. Tabacalera v. North Front Shipping

- corn grains, mold and contact with saltwater

Sweet Lines (vessel) v. CA

- towed back to Cebu due to engine trouble
- after repairs, vessel left again but didnt dock at Catbalogan, passengers had to ride
ferryboat
- Mechanical defects not caso fortuito

Juntilla (passenger) v. Fontanar (jeepney)

- tire blowout not a fortuitous event
- jeep fast speed -> tire explode -> turtle -> ditch

Vergara (cargo truck) v. CA & Azarcon

- rammed the store-residence due to brake defects
- defective brakes not fortuitous; curable and preventable; swerved in highway

Africa v. Caltex
- Gasoline hosed from tank truck into underground storage -> FIRE -> burnt neighbor
houses
- Fire not fortuitous event as it rises from acts of man; appliances and equipment under
control of ees.

Servando v. Phil. Steam Navigation

- Cargoes were discharged complete and in good order unto the warehouse of Bureau
of Customs.
- razed by FIRE
- common carrier not liable
Nakpil and Sons v. CA & Phil. Bar. Assoc.
- Nakpil hired to make plans and specifications for constructing office bldg in Intramuros.
- United Construction undertook it
- earthquake -> collapsed; Nakpil still liable

BLTB v. IAC
- BLTB bus and Superlines collided when BLTB tried to overtake a car
- death of passengers; no force majeure; sole negligence

Valenzuela v. CA
- She checked on her flat tire at a gas station at night while raining, Mitsubishi Lancer hit
her and had to have her knee amputated
- Li is liable; alcohol & fast driving

Arada v. CA
- transport cases of beer empties; Babao applied for clearance with PH Coast Guard but
was denied due to typhoon
- next day, sea calm, so pushed thru, vessel sank
- Arada negligent for not checking the weather conditions, barometer etc

Saludo v. CA, Transworld, PAL

- Saludo’s mom’s remains to be transferred from chicago to mnl; was instead sent to
mexico
- it arrived one day after expected date
- liable for breach of contract due to delay

Fisher v. Yangco
- common carrier cannot refuse explosives or dynamites to be carried in their vessels if
there is no unreasonable risks
- explosives essential to welfare of inhabitants
- discriminates

Compania Maritima v. CA
- construction of airport -> construction equipment were aboard a vessel -> the
payloader was damaged
- respondent Concepcion misrepresented true weight of payloader
- contributory negligence by petitioner

Isaac v. AL Ammen
- bus collided with vehicle -> left arm was severed
- bus exercised extraordinary diligence

Phil. First Insurance v. Wallem

- Upon arrival, it was disclosed during discharge of shipment that 2,426 poly bags were
contaminated, spillage
- wallem liable from the time it is turned over to him

Lu Do & Lu YM
- Photo supplies, 6 cases of films were discharged from ship -> CUSTOMS
- carrier not liable for loss since custody is not with them

Caltex v. Sulpicio
- vessel colided with passenger ship causing death
- Caltex not liable, because of the implied warranty of seaworthiness, shippers of goods
are not expected to inquire into the vessel’s seaworthiness

Lara v. Valencia
- Lara obtained malaria, asked defendant to drive him to Davao -> fell from pick up
- Whether defendant liable - NO
- private carrier; ordinary diligence

Sabena Belgian v. San Agustin

- luggage lost twice
- sabena liable “negligence” is proximate cause

Lasam v. Frank Smith Jr

- automobile was driven by licensed chauffer but allowed assistant to drive car.
- defects steering gear
- not due to fortuitous event; liable

RP v. Luzon Stevedoring
- tugboats rammed wooden piles of Nagtahan Bailey Bridge due to the swollen current
of Pasig River
- NOT fortuitous event (mere difficulty to foresee not enough)

Metal Forming v. OP
- petitioner made ads on durability of its banawe metal tilre structure
- barely 2 mos. after, blown away by strong winds roof
- not fortuitous event

Eastern Shipping Lines v. IAC

- Enroute Japan, the vessel fire and sank
- NOT fortuitous event bec fire is not natural disaster, even if it is, it wasnt proximate
cause

La Mallorca v. De Jesus
- Lolita, bus passenger, died from collision with freight truck traveling in opposite
direction. left front tire exploded
- not fortuitous event; easily discoverable

Ramos v. COL Realty [x]

- (Ramos) Ford expedition bumped (Aquilino) Corolla Altis - passenger injured
- Aquilino liable since he was proximate cause for crossing Katip Avenue despite MMDA
prohibition

Southern Lines, Inc v. CA

- NARIC shipped sacks or rice via Southern Lines.
- bill of lading says there was shortage
- Art. 1472: even if loss caused by character of goods or packing of containers, there
should be extraordinary diligence
- here, petitioner admitted that the strings that tied the bags of rice were broken and had
holes

Maranan v. Perez [x]

- Corachea stabbed by driver Valenzuela
- Carrier still liable for death of victim
- killing took place in the course of duty of employee; total personality

Manila Railroad v. Ballesteros [x]

- Abello, auditor, took the wheel
- Motor Vehicle law: no prof chauffer shall permit any unlicensed person to take the
wheel
- also willful act or negligence of strangers; diligence of good father

LRT v. Navidad [x]

- drunk, fistfight with SG Escartin -> fell onto tracks died
- LRTA/Roman liable -> cc liable for death thru 1) negligence / wa of ees or 2) strangers
if they could exercise diligence in preventing

Del Prado v. Manila Electric Co [x]

- street car driven by Florenciano, Del Prado ran to catch it. car slowed, plaintiff tried to
get on but fell bc applied power -> foot crushed
- cc liable to boarding passengers, duty extends to persons boarding as well as to those
alighting

Dangwa v. CA [x]
- Pedro boarded, fell from the platform when bus accelerated
- But driver Lardizabal brought passengers first before hospital -> died
- cc bound to stop at reasonable length of time to afford passengers opportu to board

La Mallorca v. CA
- shaded spot 4-5 meters away from bus
- father returned to get bayong, bus started moving, crushed skull daughter
- passengers must be allowed a reasonable time to leave the premises

Mirasol v. Robert Dollar [x]

- M owner of 2 cases of books shipped in good order but arrived in bad condition;
seawater
- cc liable, legal duty to deliver to plaintiff in same condition

Coastwise Lighterage Corp v. CA

- coastwise barges carry molasses, struck sunken object -> hole 2 inches wide 22 inch
long. contaminate
- if delivery good -> arrival bad condition, presumption

Cangco v. Manila Railroad [X]

- Cangco rose from seat in train, stepped on watermelons slipped fell on platform; right
arm had to be amputated
- cc liable bc of ee’s negligence in placing obstruction (watermelon) upon platform
- [culpa contractual] carrier cant escape liability by proving due diligence in selection
and supervision of ees

Martinez v. Barredo
- Barredo’s taxicab, driven by Digman collided with Chevrolet by Martinez
- Digman guilty in criminal case for reckless imprudence, must pay 605 pesos
- [culpa criminal] Digman’s conviction is conclusive against Barredo to make him
subsidiarily liable in the same way that his acquittal would wipe out employer’s
subsidiary liability

Viluan v. CA
- Viluan’s bus caught fire after hitting a post, and crashing against a tree due to
Hufana’s bus trying to overtake it but Aquino (driver of V) increased speed
- w/n only viluan should be liable bc breach of contract of carriage = no
- injury due to negligence of driver of passenger and driver of another vehicle, both and
owners are jointly and severally liable for damages. no difference if viluan’s liability is of
contract while respondent is of quasi delict.

N. Gutierrez v. B. Gutierrez
- passenger truck crashed with private vehicle, narciso suffered fracture right leg
- both are jointly and severally liable, both drivers were not willing to slow up and give
right of way

H. E. Heacock v. Macondray
- Heacock had Macondray deliver 12 8 day Edmond Clocks but they never arrived
- Macondray referred to bill of lading limiting liability to not more than net invoice, and
pro rata
- valid stipulation

Ysmael v. Gabino Barreto and Co [x]

- Juan Ysmael supposed to deliver via Gabino Barreto’s steamship 164 cases of
merchandise
- GB&Co says only 160 were received, also not liable for more than 300 pesos unless
value were correctly declared in bill of lading
- not valid stipulation, carrier cannot limit liability if loss was caused by own negligence