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or transporting passengers or
goods or both, by land, water, or
air, for compensation, offering their
services to the public. (Art. 1732,
NCC)
b. Carriage of Goods
1) Shipper person who delivers the
goods
to
the
carrier
for
transportation; one who pays the
consideration or on whose behalf
payment is made
3. Special Laws:
a. Carriage of Goods by Sea Act (Public
Act 1521)
b. Salvage Law (Act 2616)
c. Public Service Act (Commonwealth Act
146)
d. Land Transportation and Traffic Code
(R.A. 4136)
e. Civil Aeronautics Act (R.A. 776) and
Civil Aviation Authority Act (R.A. 9497)
f. E.O. 125 and 125-A, Phil. Overseas
Shipping Act (R.A. 7471), Maritime
Industry Decree of 1974 (P.D. 474),
Domestic Shipping Development Act of
2004 (R.A. 9295)
g. Tariff and Customs Code
h. Warsaw Convention
2) Carrier
3) Consignee the person to whom
the goods are to be delivered; may
either be the shipper himself or a
third person who is not actually a
party to the contract; may be
deemed to be bound by the terms
and conditions of the bill of lading
where it was established that he
accepted the same and is trying to
enforce the agreement.
2. Perfection
a. Contract
of
Passengers
of
1) Contract to Carry an
agreement to carry the passenger at
some future date; consensual and is
therefore perfected by mere
consent
2) Contract of Carriage or of
Common Carriage itself
considered as real contract for not
until the facilities of the carrier are
actually used can the carrier be said
to have already assumed the
obligation of the carrier.
1. Parties
a. Carriage of Passengers
1) Passenger one who travels in a
public conveyance by virtue of
contract, express or implied, with
the carrier as to the payment of fare
or that which is accepted as an
equivalent thereof; even if being
carried gratuitously or under a
reduced fare.
2) Common Carrier - persons,
corporations, firms or associations
engaged in the business of carrying
Rowena B. Gallego
Carriage
Rowena B. Gallego
Tests to determine:
1. It must be engaged in the business of
carrying goods for others as a public
employment and must hold itself out as
ready to engage in the transportation of
goods generally as a business and not
as a casual occupation;
2. It must undertake to carry goods of the
kind to which its business in confined;
3. It must undertake to carry by the
method by which his business is
conducted and over its established
roads; and
4. The transportation must be for hire.
Characteristics:
1. Undertakes to carry for all people
indifferently and thus is liable for
refusal without sufficient reason
Rowena B. Gallego
Ruling:
The SC ruled that PKS Shipping is a common
carrier because it was engaged in the business
of carrying goods for others for a fee.
Factual findings indicate that PKS Shipping
has engaged itself in the business of carrying
goods for others, although for a limited
clientele, undertaking to carry such goods for a
fee. The regularity of its activities in this area
indicates more than just a casual activity on its
part.6 Neither can the concept of a common
carrier change merely because individual
contracts are executed or entered into with
patrons of the carrier. Such restrictive
interpretation would make it easy for a
common carrier to escape liability by the
simple expedient of entering into those distinct
agreements with clients.
c. Means of Transportation
Article 1732. Common carriers are
persons,
corporations,
firms
or
associations engaged in the business of
carrying or transporting passengers or
goods or both, by land, water, or air, for
compensation, offering their services to the
public.
First Phil. Industrial Corp. vs. CA
GR No. 125948, December 29, 1998)
Petitioner is a grantee of a pipeline concession
under Republic Act No. 387. Sometime in
January 1995, petitioner applied for mayors
permit in Batangas. However, the Treasurer
required petitioner to pay a local tax based on
gross receipts amounting to P956,076.04. In
order not to hamper its operations, petitioner
paid the taxes for the first quarter of 1993
amounting to P239,019.01 under protest. On
January 20, 1994, petitioner filed a letterprotest to the City Treasurer, claiming that it is
exempt from local tax since it is engaged in
transportation business. The respondent City
Treasurer denied the protest, thus, petitioner
filed a complaint before the Regional Trial
Court of Batangas for tax refund. Respondents
assert that pipelines are not included in the
term common carrier which refers solely to
ordinary carriers or motor vehicles. The trial
court dismissed the complaint, and such was
affirmed by the Court of Appeals.
Rowena B. Gallego
Ruling:
Based on the above definitions and
requirements, there is no doubt that petitioner
TYPES:
1. Contract of Affreightment
involves the use of shipping space
on vessels leased by the owner in
part or as a whole, to carry goods
for another. Common carrier (CC)
must
exercise
extraordinary
diligence;
in
case
of
loss,
deterioration or destruction of
goods, CCs are presumed to be at
fault or have acted negligently.
d. Extraordinary diligence
Rowena B. Gallego
As to availability
Contracts with particular
Holds himself out for all
individuals or groups
people indiscriminately
only
2. As to required diligence
Extraordinary diligence is Ordinary diligence is
required
required
3.
s to regulation
Subject
to
State Not subject to State
regulation
regulation
4. Stipulation limiting liability
Parties may limit the
Parties may not agree on
carriers
liability,
limiting the carriers
provided it is not
liability except when
contrary to law, morals
provided by law
or good customs
5. Exempting circumstance
Prove
extraordinary caso fortuito, Art. 1174
diligence and Art. 1733, NCC
Ruling:
It is therefore imperative that a public carrier
shall remain as such, notwithstanding the
charter of the whole or portion of a vessel by
one or more persons, provided the charter is
limited to the ship only, as in the case of a timecharter or voyage-charter. It is only when the
charter includes both the vessel and its crew,
Rowena B. Gallego
PRIVATE
CARRIER
NCC
6. Presumption of negligence
There is a presumption of No presumption of fault
fault or negligence
or negligence
7. Governing law
Law on obligations and
Law on common carriers
contracts
Rowena B. Gallego
Ruling:
The provisions of our Civil Code on common
carriers were taken from Anglo-American
law.7 Under American jurisprudence, a
common carrier undertaking to carry a special
cargo or chartered to a special person only,
becomes a private carrier.8 As a private
carrier, a stipulation exempting the owner
from liability for the negligence of its agent is
not against public policy,9 and is deemed valid.
Rowena B. Gallego
Ruling:
It is evident, however, that the defendant
Philippine Ports Terminals, Inc., is not a
carrier. Section 1 (a) and (d) of "Carriage of
Goods by Sea Act" defines the terms "carrier"
and "ship" as follows:
Rowena B. Gallego
Rowena B. Gallego
10
The
diligence
required
is
not
extraordinary diligence but that of a
good father of a family
5. Air Transportation
1. Civil Code - primary
2. Code of Commerce
6. International Carriage Convention for
the Unification of Certain Rules Relating to
the International Carriage by Air or
Warsaw
Convention
with
its
amendments
Nature of Business: Common carriers are
public utilities; they are enterprises that
specially cater to the needs of the public and
conduce to their comfort and convenience.
Governing laws:
Article 1766. In all matters not regulated
by this Code, the rights and obligations of
common carriers shall be governed by the
Code of Commerce and by special laws.
Article 1753. The law of the country to
which the goods are to be transported shall
govern the liability of the common carrier
for their loss, destruction or deterioration.
1. Coastwise Shipping:
1. Civil Code (Arts. 1732-1766) - primary
2. Code of Commerce (Arts. 349, 379, 573734, 580, 806-845) suppletory in the
absence of Civil Code provisions
2. Carriage from Foreign Ports to
Philippine Ports:
1. Civil Code - primary
2. Code of Commerce all matters not
regulated by the Civil Code
3. Carriage of Goods by Sea Act
suppletory
3. Carriage from Philippine Ports to
Foreign Ports
1. The laws of the country to which the
goods are to be transported
Rowena B. Gallego
4. Overland Transportation
1. Civil Code primary
2. Code of Commerce suppletory
11
Gaudioso Erezo, Et Al., plaintiffappellee, vs. Aguedo Jepte, defendantappellant. (GR No. L-9605, Sept. 30,
1957)
Rowena B. Gallego
12
Registered
System
Owner
Rule
and
Kabit
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Rowena B. Gallego
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Rowena B. Gallego
15
4. Consequences of Delay:
New Civil Code provisions on delay:
Article 1740. If the common carrier
negligently incurs in delay in transporting
the goods, a natural disaster shall not free
such carrier from responsibility.
Article 1747. If the common carrier,
without
just
cause,
delays
the
transportation of the goods or changes the
Rowena B. Gallego
16
Rowena B. Gallego
17
B. Duty
to
Exercise
Extraordinary
Diligence: A common carrier is required to
faithfully comply with his obligation to deliver
the goods and to ferry the passenger to the
point of destination
1. Code of Commerce
ARTICLE 363. Outside of the cases
mentioned in the second paragraph of
Rowena B. Gallego
18
Rowena B. Gallego
19
injuries
suffered
by
boarding
passengers resulting from the sudden
starting up or jerking of their
conveyances while they do so.
a. Absence of Causation as a
Defense: the common carrier may
prove by way of defense that the loss or
damage cannot be traced to any act of
the said carrier but the proximate and
only cause of the loss is any of the
circumstances mentioned in Article
1734 of the New Civil Code
(1) Flood,
storm,
earthquake,
lightning, or other natural disaster
or calamity;
(2) Act of the public enemy in war,
whether international or civil;
(3) Act or omission of the shipper or
owner of the goods;
(4) The character of the goods or
defects in the packing or in the
containers;
(5) Order or act of competent public
authority.
Article 1739. In order that the common
carrier
may
be
exempted
from
responsibility, the natural disaster must
have been the proximate and only cause of
the loss. However, the common carrier
must exercise due diligence to prevent or
minimize loss before, during and after the
occurrence of flood, storm or other natural
disaster in order that the common carrier
may be exempted from liability for the loss,
destruction, or deterioration of the goods.
The same duty is incumbent upon the
common carrier in case of an act of the
public enemy referred to in article 1734,
No. 2.
3. Defenses in Carriage of Goods
(Exclusive, no other defense may be
raised by the common carrier in the
carriage of goods.)
(1) Flood, storm, earthquake, lightning, or
other natural disaster or calamity;
(2) Act of the public enemy in war, whether
international or civil;
(3) Act or omission of the shipper or owner
of the goods;
(4) The character of the goods or defects in
the packing or in the containers;
(5) Order or act of competent public
authority.
(6) Exercise of extraordinary diligence
4. Fortuitous Event (Art. 1739, NCC)
Caso Fortuito - "an unexpected event or
act of God which could either be foreseen
Rowena B. Gallego
20
Thieves,
rioters,
robbers,
and
insurrectionists, though at war with
social order, are NOT in a legal sense
classed as public enemies, but are
merely private depredators for whose
acts a carrier is answerable, whether
they occur on land or on water, and
though the force by which the carrier is
opposed is overwhelming, as if an
irresistible multitude of people should
rob him.
Rowena B. Gallego
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Rowena B. Gallego
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IN THE CUSTODY
OF THE COMMON
CARRIER
(CHECKED-IN)
Legal nature of the baggage
Necessary deposit
Considered as goods
Required diligence by the common carrier
Diligence of a depositary Extraordinary diligence
(ordinary diligence)
Applicable rules
Arts. 1998 and 2000- Arts. 1733-1753
2003
E. Obligation of Shipper, Consignee and
Passenger
1. Negligence of Shipper or Passenger
the shipper is obliged to exercise due
Atty. Ma. Victoria M. Sarmiento
Rowena B. Gallego
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Rowena B. Gallego
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Exists
only
when
expressly
stipulated in the contract
Rowena B. Gallego
25
CARRIAGE OF GOODS
CARRIAGE OF
PASSENGERS
Parties
Common carrier
1. Common carrier
Shipper
2. Passenger
Consignee
Cause of liability
Delay in delivery, loss,
Death or injury to the
destruction, or
passengers
deterioration of the goods
Duration of liability
The duty of a common
From the time the goods carrier to provide safety to
are unconditionally placed its passengers so obligates
in the possession of, and it not only during the
received by the carrier for course of the trip, but for so
transportation until the long as the passengers are
same
are
delivered within its premises and
actually or constructively where they ought to be in
by the carrier to the pursuance to the contract
consignee or to the person of carriage. (LRTA v.
who has the right to Navidad, [2003])
receive them. (Art. 1736)
All persons who remain
on the premises within a
o It remains in full force
reasonable time after
and effect even when
leaving the conveyance
they are temporarily
are to be deemed
unloaded or stored in
passengers, and what is
transit
unless
the
a reasonable time or a
shipper or owner has
reasonable delay within
made use of the right
this rule is to be
of stoppage in transitu.
determined from all the
(Art. 1737)
circumstances,
and
o It continues to be
includes a reasonable
operative even during
time to see after his
the time the goods are
baggage and prepare for
stored in a warehouse
his
departure.
(La
of the carrier at the
Mallorca v. CA, 17 SCRA
place of destination
739 ; Abiotiz Shipping
until the consignee has
Corporation v. CA, 179
bee advised of the
SCRA 95)
arrival of the goods
and has had reasonable It is the duty of common
carriers of passengers to
opportunity thereafter
stop their conveyances a
to remove them or
reasonable length of
otherwise dispose of
time in order to afford
them. (Art. 1738)
passengers
an
Delivery of goods to
opportunity to enter,
the custom authorities
and they are liable for
is not delivery to the
injuries suffered from
consignee. (Lu Do v.
the sudden starting up
Binamira, 101 Phil 120)
or jerking of their
conveyances while doing
so. The duty which the
1.
2.
3.
Defenses
1. Ordinary
circumstance: Exercise
of extraordinary
diligence (Art. 1735)
2. Special circumstances:
a. Flood, storm,
earthquake,
lighting, or
other natural
disaster or
calamity (plus
force majeure)
b. Act of the public
enemy in war,
1. Exercise of
whether
extraordinary diligence
international or
(Art. 1756)
civil
c. Act or omission
2. Caso fortuito
of the shipper or
the owner of
goods
d. The character of
the goods or
defects in the
packing or in the
containers
e. Order or act of
competent
public authority
(Art. 1734)
Rowena B. Gallego
26
Valid stipulations
1. Reduction of degree of
diligence to ordinary
diligence, provided it
be:
a) In writing, signed
by the shipper or
owner;
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
Stipulation limiting liability
goods,
if
it
is
when a passenger is carried
reasonable and just
gratuitously, but not for
under
the
wilful
acts
or
gross
circumstances and has
negligence. (Art. 1758)
been fairly and freely
agreed upon. (Art.
1750)
3. Limited liability for
delay: An agreement
limiting the common
carriers 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)
The diligence required
in the carriage of the
goods may be reduced
by only one degree,
from extraordinary to
ordinary diligence or
diligence of a good
father of a family. (Art.
1744, Art. 1745, no. 4)
Void stipulations
1. That the goods are
transported at the risk Dispensing with or
of the owner or lessening the extraordinary
shipper;
responsibility of a common
Rowena B. Gallego
Chapter 3
EXTRAORDINARY DILIGENCE
REQUIRED OF COMMON CARRIERS
27
Gratuitous
Passenger
Rowena B. Gallego
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