Contract of Transportation

-when a person obligates himself to transport persons or property from one

place to another for a consideration.

Classification
Common v private
Goods v passenger
For fee/hire/gratuitous
Land,water/maritime, or iar; and
Domestic/inter-island/coastwise or international foreign

Carriage of passengers
1. Common carrier 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.
2. Passenger one who travels in a public conveyance by virtue of contract
express or implied, with the carrier as to the payment or fare or that which is
accepted as an equivalent thereof.

Not a passenger thus entitled only too ordinary diligence. (Not-FUMWU)

a. One who has not yet boarded any part of the vehicle regardless whether or
not he has purchased a ticket
b. One who has boarded by fraud, stealth or deceit
c. One who remains on a carrier for an unreasonable length of time after he has
afforded every safe opportunity to alight
d. One who attempts to board a moving vehicle although he has ticket, unless
the attempt be with knowledge and consent of the carrier;
e. One who has boarded a wrong vehicle, he has been properly informed of such
fact, and on alighting, is injured by the carrier
f. One who rides any part of the vehicle which is unsuitable or dangerous or
which he knows is not designed or intended for passengers

Carriage of Goods
1. Shipper any person, partnership or corporation who delivers the goods to
the carrier of transportation and pays the consideration or on whose behalf
payment is made.
2. Carrier
3. Consignee person to whom the goods are to be delivered

Perfection of Contract of Transportation

1. Contract to carry an agreement to carry the passenger at some future date.
- Consensual, perfected by mere consent
- Action for damages for breach of contract to carry
 2. Contract of Carriage or of Common Carriage real contract for not until the
facilities of the common carrier are actually used can the carrier be said to
have already assumed the obligation of the carrier

Aircraft
a. Contract to carry passenger perfected even if no tickets are issued so
long as there was already meeting of the minds with respect to the
subject matter and the consideration
b. Contract of carriage between passenger and an airline perfected when
passenger had checked in at the departure counter, passed through
customs and immigration, boarded the shuttle bus and proceeded to the
ramp of the aircraft and his baggage loaded to the aircraft.

Buses, Jeepneys and Street Cars act of driver in stopping their conveyances
is a continuous offer to riders.
The passenger is deemed to be accepting the offer if he is already attempting
to board the conveyances and the contract of carriage is perfected from that
point.

Trains
a. Contract to carry passengers person must have bona fide intention to
use the facilities of the carrier, possess sufficient fare and present himself
to the carrier for transportation at the proper place and manner provided
b. Contract of carriage of goods by the act of delivery of the goods, when
the goods are unconditionally placed in the possession and control of the
carrier, and upon their receipt by the carrier for transportation.

Characteristic of Common Carrier

1. Engaged in the business of carrying goods for others as a public employment
2. Undertake to carry goods of the kind which his business is confined
3. Undertake to carry by the method which his business is conducted
4. Transportation must be for hire

Private Carrier one which, without being engaged in the business of carrying as a
public employment, undertakes to deliver goods or passengers for compensation.

Common carrier 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.

Common Carrier Private Carrier

Law on common carrier Law on obligations and contracts
Subject to State regulation Not subject to state regulation
Holds himself out for al people Contracts with particular individuals or
indiscriminately groups only
Extraordinary diligence
Prove extraordinary diligence
Parties may not agree on limiting the
carriers liability except when provided
by law. It cannot stipulate that it is
exempt from liability for the negligence
of its employees nor agents, being
contrary to public
Ordinary diligence
Caso fortuito
Parties may limit the carriers liability
provided it is not contrary to law, morals
or good customs. It cannot stipulate that
it is exempt from liability for the
negligence of its employees or agents.

Instances of common carrier

1. Operator of beach resort that accepts clients by virtue of a tour package

2. Junk dealer which backhauls goods for other merchants on a periodic manner
3. Pipeline Operators
4. Bus service for school children
5. Ligtherage and dryage and offers its barges to the public

Private Carrier
1. Bessel which rendered tramping services
2. Exclusive contractor and hauler

Travel Agency not a common carrier/contract of service/ordinary diligence

Towage One vessel is hired to bring another vessel to another place. Ordinary
Diligence

Arrastre Service A contract of unloading of goods from a vessel/solidary liability

with common carrier/same degree of diligence as common carrier-extraordinary

Stevedoring Service it refers to the handling of the cargo in the holds of the vessel
or between the shipis tackle and the hold of the vessel

Registered Owner Rule

GR The person who is the registered owner of the vehicle is liable for any damage
caused by the negligent operation of the vehicle although the same was already
sold or conveyed to another person at the time of the accident
XNP : Vehicle stolen from garage without the owners knowledge and consent
Liability of registered owner: liable for damage
: damages arising from the tortuous acts of the driver is primary,
direct and joint and several or solidary with the driver

Lease vehicle need to be registered in order to bind third person

Lease not registered does not bind third person
Remedy: a registered owner who has already sold or transferred a vehicle has
recourse to a third-party complaint, in the same action brought against him to
recover for the damage or injury done, against the vendee or transferee of the
vehicle.

Kabit system is an arrangement 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.

Boundary System the driver is engaged to drive the owner/operators unit and
pays the latter a fee commonly boundary for the use of the unit. Whatever the
driver earns in excess of that amount is his income.

Obligation of a common carrier in the carriage of goods - DASTE

1. Deliver the goods to proper person
2. Accept the goods
3. Seasonably deliver the goods to the destination
4. Transport the goods safely to the agreed destination
5. Exercise Extraordinary Diligence