199

Esperac
ion,
Angelic
a Marie

TOPIC: Liability of a Common Carrier,

Lost Baggage Or Acts Of Passengers
Antonio, a paying passenger, boarded a bus
bound for Batangas City. He chose a seat at the
front row, near the bus driver, and told the bus driver
that he had valuable items in his hand-carried bag
which he then placed beside the drivers seat. Not
having slept for 24 hours, he requested the driver to
keep an eye on the bag should he doze off during
the trip. While Antonio was sleeping, another
passenger took the bag away and alighted at
Calamba, Laguna. Could the common carrier be held
liable by Antonio for the loss?

Suggested answer:
Yes, the common carrier is liable. The bag is considered a deposit after
proper notice was given to the driver. At that moment, the carrier became a
depositary thus liable for the loss of property caused by strangers.
Alternative answer:
No, the carrier cannot be made liable since the bag was never formally
turned over to the driver. Hence, the driver was not required to observe
extraordinary diligence in the transport of the bag.

TOPIC: Presumption of Negligence

In a court case involving claims for damages

arising from death and injury of bus passengers,
counsel for the bus operator files demurrer to
evidence arguing that the complaint should be
dismissed because the plaintiffs did not submit any
evidence that the operator or its employees were
negligent. If you were the judge, would you dismiss
the complaint?

Suggested answer:
No, the case should prosper. The non-submission of evidence by the plaintiffs
is not fatal to their case since in case of loss of effects of passengers or
death or injuries to passengers, the common carrier is presumed to be at
fault. Fault or negligence is presumed in these cases and the court need not
make an express finding of such.

TOPIC: Doctrine of Inscrutable Fault

Explain the doctrine in Maritime accidents
Doctrine of Inscrutable Fault

Suggested answer:
Under the doctrine of inscrutable fault, where fault is established but it
cannot be determined which of the two vessels were at fault, both shall be
deemed to have been at fault.

TOPIC: Doctrine Of Limited Liability

Explain the doctrine in Maritime accidents

The Doctrine of Limited Liability

Suggested answer:
Under the doctrine of limited liability the exclusively real and hypothecary
nature of maritime law operates to limit the liability of the shipowner to the
value of vessel, earned freightage and proceeds of the insurance. However,
such doctrine does not apply if the shipowner and the captain are guilty of
negligence.