Franchise, certificate or any other form of
authorization for the operation of a public utility
shall only be granted to ___
Franchise, certificate or any other form of
authorization shall neither be exclusive in __ nor
for a period longer than ___
What does Sec. 11, Article 12 of the 1987
Constitution provides?
What is a franchise? (Lim vs. Pacquing)
When is there a contract of transportation?
What are the classifications of contract of
carriage?
What is a common carrier? (Article 1732, NCC)
What is a passenger? (Vda. De Nueca vs. Manila
Railroad Co.)
Give examples of not considered as passengers
What is a shipper?
What is a consignee?
When is consignee bound by agreement between
the shipper and the carrier? (Everett Steamship
Co vs. CA)
In carriage of passengers, when is a contract to
carry perfected?
In carriage of passengers, when is a contract of
carriage perfected?
In carriage of goods, when is a contract to carry
perfected?
In carriage of goods, when is a contract of
carriage perfected?
In an aircraft, when is a contract to carry
passengers perfected?
In an aircraft, when is a contract of carriage
between passengers and airline perfected?
In buses, jeepneys and street cars, when is the
contract of carriage perfected? (Dangwa Transpo
Co vs. CA)
In trains, when is the contract of carriage
perfected? (Vda. De Nueca vs. Manila Rail Road)
What are the tests for determining whether a
party is a common carrier?
What is the true test of a common carrier?
(National Steel Corp vs. CA)
What is the rule for common carriers in De
Guzman vs. CA?
What is the rule for common carriers in Loadstar
Shipping vs. CA?
What is the rule for common carriers in First
Philippine Industrial Co vs. CA?
What is the rule for common carriers in Asia
Ligtherage and Shipping Inc. vs. CA?
What is the rule for common carriers in Fabre Jr.
vs. CA?
Give an example that a party becomes common
carrier via operation of law
What is a private carrier? (Home Insurance Co.
vs. American Steamship Agency)
What is the difference between a private and a
common carrier? (Planters Products Inc. vs. CA)
Common Carrier vs. Private Carrier
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How can a common carrier be converted to a
private carrier? (Caltex Phils vs. Sulpicio Lines)
What is a charter party? (Planters Products Inc.
vs. CA)
What is the instance where the court held a party
as common carrier in Sps. Cruz vs. Holidays?
What is the instance where the court held a party
as common carrier in De Guzman vs. CA?
What is the instance where the court held a party
as common carrier in First Philippine Industrial
Corp vs. CA?
What is the instance where the court held a party
as common carrier in Fabre Jr. vs. CA?
What is the instance where the court held a party
as common carrier in Asia Litherage vs. CA?
What is the instance where the court held a party
as common carrier in Westwind Shipping vs.
UCPB?
What is the instance where the court held a party
as common carrier in Unsworth Transport Intl
Ph vs. CA
What is the instance where the court held a party
as private carrier in National Steel Corp vs. CA?
What is the instance where the court held a party
as private carrier in FGU Insurance Corporation
vs. GP Sarmiento Trucking?
Is travel agency a common carrier? Why/not?
(Crisostomo vs. CA)
What is the diligence required of a travel agency?
(Crisostomo vs. CA)
What is a Towage? What is the diligence
required of it? (Baer Senior & Co.’s successors vs.
La Compania Maritima)
What is the meaning of exercise of ordinary
prudence in towage? (Cargolift Shipping vs. L.
Acuario Marketing)
What is an arrastre service? (Mindanao Terminal
Brokerage Service Inc. vs. Phoenix)
What is the diligence required of an arrastre
service? (Asian Terminals Inc vs. First Lepanto-
Taisho Insurance)
When is arrastre service applicable and what is
its significance?
What is the nature of business of an arrastre
service?
What is the liability of an arrastre service?
(Hatford Fire Insurance vs. E. Razon Inc.)
What is the relationship of an arrastre operator
and consignee? (Asian Terminals Inc vs. First
Lepanto-Taisho Insurance)
What is a stevedoring service? (Mindanao
Terminal vs. Phoenix)
What is the diligence required of a stevedoring
service? (Mindanao Terminal vs. Phoenix)
What are the two types of Cargo Operation?
Distinguish each.
What is the applicable law regarding
International Carriage? Explain.
What is the general rule in the registered owner
rule? Exception?
What is registration of vehicle? Why is it
important? (Filcar Transport Services vs.
Espinas)
What is the liability of a registered owner?
Explain fully. (Gelisan vs. Alday)
What is a lease of a vehicle? (PCI Leasing and
Finance vs. UCPB)
What if a lease of a vehicle is not registered? (PCI
Leasing and Finance vs. UCPB)
What is the remedy if a lease of a vehicle is not
registered? (Villanueva vs. Domingo)
What is a Kabit System? Explain rules
In the registered owner rule, what is the liability
against third persons? (Zamboanga Transpo Co
vs. CA)
What are the instances where kabit system will
not apply?
What is a boundary system? (Paguio Transport
Corp vs. NLRC)
What happens to the driver in the boundary
system?
What is the relationship between the
owner/operator and the driver?
The owner of the vehicle as holder of CPC must
see that? (Jardin vs. NLRC)
How can the owner of public vehicle be
exempted from liability? (Sps Hernandez vs. Sps
Dolor)
What are the primary obligations of a common
carrier in the carriage of goods?
What involves the duty to deliver the goods?
The duty to deliver includes not only to
transport the goods safely but also __. The goods
must be delivered to the __.
What is the rule if the time of delivery is
stipulated in the contract or bill of lading? Why?
(Saludo Jr. vs. CA)
What is the rule if the time of delivery is not
stipulated in the contract or bill of lading?
What will happen if there is an absence of a
special contract? (Saludo Jr. vs CA)
What are the effects of excusable delay in
carriage of goods?
What are the effects of inexcusable delay in the
carriage of goods?
What will happen if the vessel is not able to
depart on time and the delay is unreasonable?
What is the general rule in the duty to accept the
goods?
What are the factors to consider to determine
whether discrimination is necessary or
reasonable?
What are the instances when the carrier may
validly refuse to accept the goods?
When is the carrier exempted from liability in
case of carriage of good by railway? (Art. 356,
NCC)
What is the general rule in carrying hazardous
and dangerous substances? Exception?
What does Article 1733, NCC provides?
What is the duration of liability in the duty to
exercise extraordinary diligence in transporting
goods? (Article 1736, NCC)
Is the delivery of the goods to custom authorities
equivalent to deliver to the consignee? (Lu Do vs.
Binamira)
What does Article 1738 NCC provides?
What does Article 1737 NCC provides?
What is the rule in surrendering the original bill
of lading? (National Trucking vs. Lorenzo
Shipping)
What are the prohibited stipulations in a
contract of carriage of goods (Article 1475, NCC)
What is the rule in stipulations fixing the limit of
recovery?
What are the defenses of a common carrier in the
carriage of goods?
What is a Caso Fortuito? (Article 1174, NCC)
What are the requisites of existence of caso
fortuitio?
Is fire considered caso fortuito? Why/not?
(Eastern Shipping Lines Inc. vs. IAC)
Are mechanical defects considered caso fortuito?
Why/not? (Necesito vs. Paras)
Is tire blow-out considered as fortuitous event?
Why/not? (Yobido vs. CA)
Are heavy rains caso fortuito? Why/not?
(Eastern shipping lines Inc. vs. IAC)
Is Hijacking fortuitous event? Why/not? (De
Guzman vs. CA)
What constitutes the term ‘public enemy’ in
Article 1742 (2), NCC?
What are the requisites of Article 1742 (2)?
When is negligence of the shipper or owner a
defense?
What is the rule in the defense of defects in the
goods?
What is the rule in the defense of order or act of
public authority?
When is defense of order or act of public
authority NOT available?
Are the 6 defenses of common carriers in the
carriage of goods exclusive? (Belgian Chartering
and Shipping vs. Phil. First Insurance Co.)
What are examples of invalid defenses, and why
are they invalid?
What are the primary obligations of a common
carrier in the carriage of passengers?
What does Article 1755 NCC provides?
What is the duration of the liability in duty to
observe utmost diligence to passengers? (Vda.
Nueca vs. Manila Railroad Co.)
In case of International Air Carriers when are
they liable?
What is the rule in gratuitous or reduced fare?
(Article 1758, NCC)
What is the rule in the duty to bring passengers
in their destination without delay?
What is the rule in the duty to take care of the
passenger’s bags/ baggage?
When can inquiry be made as to the passenger’s
baggage? (Nocum vs. Laguna Tayabas Bus Co)
What are the kinds of baggage? Define each.
Hand-carried vs. Checked-in
Applicable Legal Nature Diligence by
Rule of the common
baggage carrier
Requisites for common carrier’s liability for hand
carried baggage or necessary deposit
What are the instances when common carrier is
not responsible for the loss and injury to
passenger’s hand carried bags?
What is the limit of liability in International Air
Transportation (Warsaw Convention of 1929)
Passengers, Checked in Baggage, Hand Carried
Baggage, Goods to be shipped
Action for Damages: Notice of claim: What is the
rule?
Action for Damages: Prescription: What is the
rule?
Action for Damages: What are the courts that
have jurisdiction?
What determines the country where the suit is to
be filed? (Article 28, Warsaw Convention)
With respect to passengers, the common
carrier’s primary defense is?
What are the defenses available in the carriage of
passengers?
What does Article 1756 NCC provides?
What is the general rule in diligence in the
selection and supervision of employees? (Article
1759 NCC) Exception?
The negligence of the carrier need not be ___ to
the passenger or the goods. The concurrent
negligence of a third person will not ___.
Liability of a common carrier for death/injuries
to passengers if from acts of its employees
Liability of a common carrier for death/injuries
to passengers if from acts of other passengers or
strangers
Reasons for the carrier’s liability on the acts of
its employees
What is the general rule in the doctrine of last
clear chance? (PNR vs. Brunty) Exception? (Phil.
Rabbit vs. IAC)
The doctrine of last clear chance is only
applicable between ___ because the action is
based on ___ under Art. 2176 NCC
Explain how carriers are not insurers of the lives
of their passengers (Pilapil vs. CA)
What are the obligations of shipper, consignee
and passenger?
What does Article 1762 NCC provides?
The carrier may be able to prove that the only
cause of the loss of the goods is any of the
following acts of the shipper:
If the negligence of the shipper or passenger is
the proximate and only cause of the loss, what is
carrier’s liability?
What is the doctrine of avoidable consequences?
(Article 2203, NCC)
Explain the assumption of risk (Japan Airlines vs.
CA)
Is the taking of “extension seat” an implied
assumption of risk? Explain. (Calalas vs. CA)
What does Article 1733 provides?
What are the reasons why diligence required of a
common carrier is extraordinary diligence?
In general what is the definition of extraordinary
diligence? (Davao Stevedore Co vs. Fernandez)
Explain extraordinary diligence in the carriage of
goods (Calvo vs. UCPB)
Explain extraordinary diligence in the carriage of
passengers (Article 1755, NCC)
Explain extraordinary diligence as to third
persons (Kapalaran Bus Line vs. Coronado)
What is presumption of negligence
A stipulation limiting the liability of a common
carrier for the loss, destruction or deterioration
of the goods as to a degree LESS than
extraordinary diligence is VALID provided: (Art.
1744, NCC) Is this allowed in passengers?
Is the contract of carriage need be in writing to
be enforceable? What about stipulation limiting
liability?
Can the parties stipulate that the carrier will
NOT exercise any diligence?
In carriage of passengers can the responsibility
to observe extraordinary or utmost diligence be
dispensed or lessened through stipulation or
posting of notices? (Art. 1757, NCC)
When a passenger is carried gratuitously, a
stipulation limiting the common carrier’s liability
for negligence is ___. But not for ___. (Art. 1758,
NCC)
The diligence owed to accommodation
passengers is only ___. However it is not
controlling with respect to __, because __. (Lara
vs. Valencia)
What is the doctrine of Res Ipsa Loquitor? (FGU
Insurance vs. Sarmiento)
What are the requisites of the doctrine of Res
Ipsa Loquitor?
Example of when is the doctrine of Res Ipsa
Loquitor is applicable and not applicable
What does seaworthiness include?
Extraordinary diligence requires that the ship
which will transport the passengers and goods is
____. (Trans-Asia Shipping vs. CA)
The carriers are deemed to warrant ___ the
seaworthiness of the ship. The failure to do so
means ____. (Caltex vs. Sulpicio Lines)
What is the effect of implied warranty of
seaworthiness? (Caltex vs. Sulpicio Lines)
How can unseaworthiness be established?
(Loadstar Shipping Co. vs. CA)
Is presentation of certificates of seaworthiness
enough to overcome presumption of negligence?
(Delsan Transport Airlines vs. CA)
What is Cargo worthiness?
The ship must not be only seaworthy but also ___.
Why?
What is the concept of overloading? Is this
allowed? (Negros Navigation vs. CA)
What is Deviation? (Art. 359, Code of Commerce)
What is transshipment? (Magellan
Manufacturing vs. CA)
Explain extra ordinary diligence in carriage by
land condition of the vehicle
What does violation of traffic rules confirm in
cases involving breach of contract of carriage?
(Marikina Auto Line Transpo vs. People)
What is a motor vehicle? Bill of lading is covered by the Parol Evidence
Rule. What are the terms of this?
What are the tests to see whether driver is Kinds of Bill of Lading. Define each.
drunk? Explain each.
What is the effect of refusal to subject oneself to What are the three kinds of limiting stipulations
mandatory intoxication tests? often made in a bill of lading
What is the liability of the owner/operator if Cargo manifest vs. Bill of Lading
driver is proven intoxicated while driving?
Explain extraordinary diligence in air
transportation
What is airworthiness?

What happens if air carrier denies boarding of

passengers?
What does Air Passenger Bill of Rights provide in
denying passengers to board?
What are the major rights of an air passenger?

Fail or pass extraordinary diligence:

Rear tire of bus exploded blasting a hole on the
floor to which a child fell through the hole (M.
Ruiz Highway Transit Inc. vs. CA)
Fail or pass extraordinary diligence:
Driver drove in a lane where overtaking is not
allowed which caused passengers’ injuries.
(Batangas Laguna Tayabas Bus Co. vs. IAC)
What is a Bill of Lading? (Unsworth Transport
International vs. CA)
Is Bill of Lading dispensable in a contract of
carriage? (Compania Maritima vs. Insurance Co
of North America)
What is the three-fold function of a bill of lading?
Explain each.
In Bill of Lading, ambiguity is construed ___ the
carrier. Why? (Philippine American Insurance
Co. Inc. vs. Sweet Lines)
Who becomes bound by all stipulations
contained in a bill of lading by making a claim for
loss? (Sea-land services Inc. vs. IAC)
When is the right of a party to recover for loss of
shipment consigned to him under bill of lading
drawn up? (Mendoza vs. PAL)
Acceptance of the bill of lading without dissent
raises what presumption?
The surrender of the original bill of lading is not
a condition ___. What will happen if the surrender
of the original bill of lading is not possible?
(National Trucking and Forwarding Corp vs.
Lorenzo Shipping Corp)