Documente Academic
Documente Profesional
Documente Cultură
REVIEWER)
Prof. Nicky Ty
! U.P. College of Law
Jocs Dilag
4 REPUBLIC V MERALCO
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 2 56
BATANGAS CATV V CA (2004)
LGU$REGULATION+UNDER+THE!GENERAL'
V. WHAT IS NOT A PUBLIC UTILITY
WELFARE'CLAUSE'(LOCGOV#CODE):#CATV#
SYSTEM&COMMITS&THE&INDISCRETION*OF* CASE QUICK FACTS WHAT MADE IT NOT A
CROSSING(PUBLIC(PROPERTIES—IT#USES#PUBLIC# NAME PUBLIC UTILITY
STREETS,&RIGHTS&OF&WAYS,%FOUNDING%OF% NEBBIA V Price-fixing for the Not private property
STRUCTURES,(AND(THE(PARCELING*OF*LARGE* NEW YORK milk industry. devoted for public use.
REGIONS.!
But state intervened
!
WHEN%EO%436%DECREES%THAT$THE$REGULATORY*
anyway, in its exercise
POWER&SHALL&BE&VESTED"SOLELY"IN"THE"NTC,!IT# of police power.
PERTAINS)TO)THE)REGULATORY'POWER'OVER' TATAD V EDSA LRT, a The Constitution limits
THOSE&MATTERS&WHICH&ARE$PECULIARLY$ GARCIA foreign corp, was the foreign ownership
WITHIN&NTC’S&COMPETENCE$–!RATE% granted by the of corp operating public
DETERMINATION,+ETC.! DOTC the award utilities.
to construct the
LGU v NTC. Sangguniang Panlungsod granted a
LRT III project EDSA LRT does not
permit to operate to CATV through a resolution, with
under a BLT devote the property for
a condition that any increase of rates shall be
F: agreement. public use.
subject to SP’s approval. CATV increased rate
ILOILO ICE Ice company with Does not offer the
without seeking approval. Mayor threatened to
V PUB limited supply that property to the public
revoke permit.
only caters to indiscriminately.
WON the LGU has the right to regulate the rates of
I: specific clientele.
the CATV
TERESA Application for a Plant not for providing
NO. Based on the laws enumerated below, the NTC
ELECTRIC company electric service to the general
exercises regulatory power over those matters which
R: V PSC plant in Rizal. public but exclusively
are peculiarly within the NTC’s competence to the
for its own use.
exclusion of other bodies.
JG SUMMIT Shipyard Not legally obliged to
V CA render its services
What happened to the PSC5? indiscriminately to the
PERIOD HIGHLIGHTS IN PUBLIC UTILITY public
REGULATION List of enterprises that are not covered by the definition
20TH Birth and growth of public utility regulation of “public service” as stated under the CA 146:
CENTURY in the PH; creation of the Coastwise Rate 1. Warehouses;
Commission, Board of Rate Regulation, 2. Vehicles drawn by animals and bancas moved by oar or
Board of Public Utility Commission and the sail, and tugboats and lighters;
Public Utility Commission 3. Airships within the Philippines except as regards rate
COMMON National Assembly passed CA No. 146 or the fixing;
WEALTH Public Service Act, which created the Public 4. Radio companies except as regards rate fixing;
Service Commission (PSC) 5. Public services owner or operated by any instrumentality
1972 PD No. 1, PSC was abolished and replaced by of the Government/GOCC except as regards rate fixing.
the Board of Transportation (BOT) [lasted 13
years], Board of Communications and the Nature of concession agreements
Board of Power and Waterworks. BOT was FREEDOM FROM DEBT COALITION V MWSS (2007)
later abolished along with the Bureau of GOVERNMENT)PRIVATIZED"MWSS"BY"ENTERING"
Land Transportation. Their powers were INTO%CONCESSION%AGREEMENTS&WITH&MANILA%
merged into the Land Transportation WATER%AND%MAYNILAD.%A%NOTICE%OF%PRICE#
Commission (LTC). ADJUSTMENT*(NEPA)*WAS"ISSUED"BECAUSE"OF"
1987 LTC was abolished and LTFRB was created. REPUBLIC)VS)MERALCO.!MANILA%WATER%AND%
MAYNILAD(OPPOSED(THE!NEPA%ARGUING%THAT%
LTFRB is the existing franchising and
THEY%WERE%NOT%PUBLIC!UTILITIES.(MWSS(
regulatory body for overland transportation ADOPTED'THE'FINDINGS!OF#A#TECHNICAL#
today. WORKING(GROUP,(SAYING"THAT"INDEED,"
MANILA&WATER%AND%MAYNILAD%WERE#NOT#
PUBLIC'UTILITIES.!
THIS%CASE%WAS%NOT%RESOLVED'BY'THE'COURT!
5
Footnote #2 of KMU v Garcia
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 3 56
GAMBOA V TEVES (2011)
CONSTITUTIONAL PROVISIONS THE$TERM$“CAPITAL”$REFERS%TO%COMMON%
Section 6, Article XII, 1987 Constitution SHARES.!
The use of property bears a social function, and all economic
agents shall contribute to the common good. Individuals and This case involved the validity of the sale of shares of
private groups, including corporations, cooperatives, and similar F: stock of PTIC by the government to MPAH, an
collective organizations, shall have the right to own, establish, and affiliate of a foreign firm.
operate economic enterprises, subject to the duty of the State to WON the sale of such stock violated the ownership
promote distributive justice and to intervene when the common I:
rule under the Constitution
good so demands. PARTLY YES. To construe broadly the term "capital"
as the total outstanding capital stock, including both
Section 11 Four constitutional limitations of foreign involvement in public utilities common and non-voting preferred shares, grossly
No franchise, certificate, or any other form of authorization for the R: contravenes the intent and letter of the Constitution
operation of a public utility shall be granted except to citizens of that the "State shall develop a self-reliant and
the Philippines or to corporations or associations organized under independent national economy effectively controlled
the laws of the Philippines, at least sixty per centum of whose
capital is owned by such citizens; nor shall such franchise, by Filipinos."
certificate, or authorization be exclusive in character or for a longer
period than fifty years. Neither shall any such franchise or right be IN RE: CORPORATE REHAB OF BAYANTEL (2012)
granted except under the condition that it shall be subject to DEBT%TO%EQUITY%CONVERSION&AGREEMENTS&
amendment, alteration, or repeal by the Congress when the
WITH%FOREIGN%CORPORATIONS&WILL&BE&VALID&
common good so requires. The State shall encourage equity
participation in public utilities by the general public. The ONLY%UNTIL%THE%40%%ALLOWED'UNDER'THE'LAW!
participation of foreign investors in the governing body of any Bayantel was unable to pay off its debts, hence it
public utility enterprise shall be limited to their proportionate was put under rehabilitation.
share in its capital, and all the executive and managing officers of
such corporation or association must be citizens of the Philippines.
The Rehab Court and the CA limited the equity
F: conversion of the unsustainable to debt to 40% of its
paid-up capital in accordance with the constitutional
Section 17 limitation of the allowable foreign equity in Filipino
In times of national emergency, when the public interest so corporations.
requires, the State may, during the emergency and under
WON the CA erred in giving a ceiling on the
reasonable terms prescribed by it, temporarily take over or direct I:
the operation of any privately-owned public utility or business conversion agreement
affected with public interest. NO. The Court ruled that this would violate the
constitutional limit of foreign ownership of public
utilities. In the plan proposed by the petitioners, the
Section 18 R:
The State may, in the interest of national welfare or defense,
capital stock that would end up in the hands of
establish and operate vital industries and, upon payment of just foreign companies would reach up to 77.7% which is
compensation, transfer to public ownership utilities and other above the 40% limit provided by law.
private enterprises to be operated by the Government.
Section 19
B. EXCLUSIVITY
The State shall regulate or prohibit monopolies when the public METRO CEBU WATER V ADALA (2007)
interest so requires. No combinations in restraint of trade or unfair SEC.%47%OF%PD%198%IS#UNCONSTITUTIONAL#AS!
competition shall be allowed. THE$CONSTITUTION!PROHIBITS)EXCLUSIVE)
FRANCHISES*FOR*THE*OPERATION)OF)PUBLIC)
A. OWNERSHIP UTILITIES.(!
MCWD contests the granting of NWRB a CPC to
Class Notes:
Respondent pursuant to P.D. 198 wherein it was
Rationale: For public utilities to be under the effective
F: required that before a ‘franchise’ may be granted,
control by the Filipino people.
MCWD’s BOD must give their consent through a
The evident purpose of the citizenship resolution, which was not given in this case.
requirement is to prevent aliens from WON MCWS must consent to the granting of
assuming control of public utilities, which may I:
franchise to other water companies.
be inimical to the national interest.6
R: NO. See doctrine.
C. SUBJECT TO AMENDMENT
E. TAKE OVER POWER
G.R.: An administrative agency may amend a legislative
franchise. Citation needed Principles in the exercise of emergency powers7:
E: Violative of the constitution 1. There must be a war or other emergency.
2. The delegation must be for a limited period only.
RCPI V NTC (1987) 3. The delegation must be subject to such restrictions as
A"FRANCHISE,"BEING"MERELY%A%PRIVILEGE% the congress may prescribe.
EMANATING(FROM(THE(SOVEREIGN(POWER(OF( 4. The emergency powers must be exercised to carry out a
THE$STATE$AND$OWING$ITS$EXISTENCE$TO$A$ national policy declared by congress.
GRANT,'IS'SUBJECT'TO!REGULATION+BY+THE+
STATE%ITSELF%BY%VIRTUE#OF#ITS#POLICE#POWER# DAVID V MACAPAGAL-ARROYO (2006)
THROUGH'ITS'ADMINISTRATIVE'AGENCIES.! THE$PRESIDENT$MAY$DECLARE&A&STATE&OF&
NATIONAL'EMERGENCY'WITHOUT&ANY&
THE$CONSTITUTION$MANDATES&THAT&A& CONGRESSIONAL+ENACTMENT.%WHEN%THE%
FRANCHISE*CANNOT*BE*EXCLUSIVE)IN)NATURE) PRESIDENT&SEEKS&TO&EXERCISE$EMERGENCY$
NOR$CAN$A$FRANCHISE$BE#GRANTED'EXCEPT' POWERS,(THE(PRESIDENT"MUST"WAIT"FOR"THE"
THAT$IT$MUST$BE$SUBJECT$TO$AMENDMENT,$ CONGRESS(TO(DELEGATE!THAT$POWER$FIRST.!
ALTERATION,*OR*EVEN*REPEAL&BY&THE& !
LEGISLATURE*WHEN*THE!COMMON%GOOD%SO% WITHOUT'LEGISLATION,!THE$PRESIDENT$HAS$NO!
REQUIRES.! POWER&TO&POINT&OUT&THE#TYPES#OF#
RCPI put up a radio telecommunications service BUSINESSES'AFFECTED'WITH%PUBLIC%INTEREST!
pursuant to its legislative franchise granted to it. THAT$SHOULD$BE$TAKEN!OVER.&THE$PRESIDENT$
HAS$THE$POWER$TO$DECLARE%A%STATE%OF%
F: When Kayumanggi Radio started to operate, it filed
NATIONAL'EMERGENCY'BUT#CANNOT,#BY#ITSELF,"
a complaint against RCPI for not having a certificate
EXERCISE'ITS'POWER'TO"TAKEOVER"PRIVATELY$
of public convenience and necessity. OWNED&PUBLIC&UTILITIES#AND#BUSINESS#
I: WON RCPI needs to have a CPCN AFFECTED'WITH'PUBLIC!INTEREST.!
YES. EO No. 546 now requires radio
R: communications services to secure a certificate PP No. 1017 and GO No. 5 were issued as a response
(unlike before in CA 146) to rising unrest and plots to destabilize government
F: and assassinate. The police also raided The Daily
Tribune and confiscated anything pertaining to a
D. FIXED – TERM “mock-up” of the dispersal that took place.
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 6 56
NAPOCOR V CA (1997)
REGULATION OF PUBLIC EXAMPLE'OF'A'LEGISLATIVE%FRANCHISE!
UTILITIES PIA no longer needs to acquire a certificate of public
convenience for it to avail of a direct power
Ways of regulation F: connection from the NPC. This is because it has
1. Authority to operate been authorized by law, PD 538, to perform the
2. Rate-fixing functions of a public utility.
3. Area of operation
4. Approval of sale, mortgage, lease of public utility
assets/equities OROPORT V PHIVIDEC (2008)
FRANCHISES*FROM*CONGRESS$ARE$NOT$
5. Power to set fees and other charges
REQUIRED'BEFORE'EACH!AND$EVERY$PUBLIC$
6. Other means of regulation
UTILITY&MAY&OPERATE&BECAUSE'THE'LAW'HAS'
GRANTED(CERTAIN#ADMINISTRATIVE#AGENCIES&
THE$POWER$TO$GRANT$LICENSES&FOR&OR&TO&
I. AUTHORITY TO OPERATE AUTHORIZE*THE*OPERATION$OF$CERTAIN$PUBLIC"
Types of authorizations UTILITIES.!
1. Management contracts Main forms: CPC and CPCN
2. JVA
3. TOA/STOA A. GENERAL QUALIFICATIONS
4. Provisional authority
According to Vda. De Lat:
5. Administrative franchise
6. Legislative franchise 1. Nationality requirements;
7. CPC 2. Financial capability and technical know-how; and
8. CPCN 3. Applicant must prove that the operation of such will
promote the public interest in a proper and suiitable
manner.
ALBANO V REYES
EXAMPLE'OF'AUTHORITY!TO#ENTER#INTO# Test for ruinous competition8:
MANAGEMENT'CONTRACTS!! It must be shown that the existing businesses would not
EO 30 (which authorized the PPA to take over, have sufficient gains to pay a fair rate of interest in its
manage and operate the Manila International Port capital investments.
in accordance with PD 857) and PD 857, specifically The mere possibility of reduction in the earnings is not
Section 6, empowers the PPA to provide services sufficient.
F:
within the Port Districts “whether on its own, by
contract, or otherwise” and to “make or enter into FRANCHISE CPC
contracts of any kind or nature to enable it to Grant or privilege from Form of regulation through
discharge its functions.” sovereign power administrative agencies
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 10 56
to continue indefinitely until suddenly the public
VI. OTHER MEANS OF REGULATION utilities concerned demand payment for the
1. Law requiring to interconnect telcos unrecorded electricity utilized when, in the first
2. Emission standards place, they should have remedied the situation
3. Ridjo Tape14 doctrine immediately. If we turn a blind eye on MERALCO's
4. Provisional reliefs omission, it may encourage negligence on the part
5. Reasonable standard in establishing rules and of public utilities, to the detriment of the consuming
regulations. public.
Ridjo Tape doctrine:
A public utility has the imperative duty to make a BF HOMES V MERALCO
reasonable and proper inspection of its apparatus and ERB$THE$POWER$TO$GRANT#PROVISIONAL#RELIEF.!
equipment to ensure that they don’t malfunction.
- Failure to do so is negligence on their part – burdening TAXICAB OPERATORS V BOT (1982)
them with the consequence of such oversight. IT#IS#IMPRACTICAL#TO!SUBJECT(EVERY(TAXICAB"
TO#CONSTANT#AND#RECURRING%EVALUATION,%
PLDT V NTC NOT$TO$SPEAK$OF$THE$FACT%THAT%IT%CAN%OPEN"
INTERCONNECTION(IS(A!FORM%OF!INTERVENTION( THE$DOOR$TO$THE$ADOPTION%OF%MULTIPLE%
WITH%PROPERTY%RIGHTS!DICTATED'BY' STANDARDS,(POSSIBLE'COLLUSION,'AND#EVEN#
GOVERNMENT)GOALS)OF)PROMOTING)THE)RAPID) GRAFT&AND&CORRUPTION."A"REASONABLE"
GROWTH'AND'EXPANSION!OF# STANDARD'MUST'BE'ADOPTED%TO%APPLY%TO%ALL!
TELECOMMUNICATIONS,SERVICES'IN'THE' VEHICLES(AFFECTED(UNIFORMLY,)FAIRLY,)AND!
PHILIPPINES(–!THE$UNDOUBTEDLY$ JUSTLY.!
ENCOMPASSING+OBJECTIVE#IS#THE#COMMON# BOT and BLT issued memo phasing out taxis which
GOOD.! are already 6 years old. Taxi operators alleged that
F: they were not consulted depriving them of due
HENARES V LTFRB (2006) process and that the circulars violate the equal
Petitioners filed a petition for mandamus to compel protection clause.
F : the respondents to require the use of CNG by motor- WON there was a violation of due process and equal
I:
vehicle owners as alternative fuel. protection
I: WON the petition was proper. NO. Court said the law provides that the agencies
NO. The Court held that mandamus in this case was can choose how they would gather their info hence
an improper remedy since there is no law there was no need to consult the operators, and that
R: R: it did not violate the equal protection clause since
compelling respondents to order the owners of such
vehicles to use CNG. there was a substantial distinction between them
and operators in other areas given the volume of
traffic in Manila.
MERALCO V WILCON (2008)
PUBLIC'SERVICE'COMPANIES%WHICH%DO%NOT%
EXERCISE'PRUDENCE'IN!THE$DISCHARGE$OF$
THEIR&DUTIES&SHALL&BE"MADE"TO"BEAR"THE"
CONSEQUENCES(OF(SUCH!OVERSIGHT.!
MERALCO claims that on 1984, Wilcon’s electricity
consumption dropped. 7 years later, they inspected
F:
respondent’s premise and found the meter to be
tampered with.
I: WON Meralco may enforce its claim against Wilcon
NO. See doctrine. The rationale behind this ruling is
that public utilities should be put on notice, as a
deterrent, that if they completely disregard their
duty of keeping their electric meters in serviceable
R:
condition, they run the risk of forfeiting, by reason of
their negligence, amounts originally due from their
customers. Certainly, we cannot sanction a situation
wherein the defects in the electric meter are allowed
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 12 56
Transportation
COGEO-CUBAO V CA (1992)
ALTHOUGH(THERE(IS(NO!DOUBT&THAT&IT&IS&
PRIVATE(PROPERTY,(IT!IS#AFFECTED#WITH#A#
Law PUBLIC'INTEREST'AND'MUST%BE%SUBMITTED%TO!
THE$CONTROL$OF$THE$GOVERNMENT(FOR(THE(
COMMON%GOOD!
GENERAL DISCUSSION CPC was given to respondent to ply the Cogeo-
Cubao route. Perturbed by respondent’s Bandera
I. DEFINITION F: System, Petitioner formed a human barricade and
A contract of transportation is one whereby a persons or assumed the dispatching of passenger jeepneys
association of person obligate themselves to transport within the respondent’s route.
persons, things or news from one place to another for a WON petitioner usurped the property rights of
fixed price15. I:
respondent
YES. Petitioner forcibly took over operation of the
jeepney service without authorization from the PSC,
II. RELATIONSHIP TO A PUBLIC R:
in violation of the right of respondent to operate its
UTILITY services in the said route under its CPC.
If you examine Section 13(b) of the Public Service Act,
various modes of transportation are listed, thus putting
such modes within the coverage of the term “public service” IV. SCOPE OF A FRANCHISE
if used by certain persons for hire or compensation, with
general or limited clientele. SAN PABLO V PANTRANCO (1987)
FERRY%SERVICE:!CONDUCTED(EITHER(BY(BARGES,(
RAFTS,'MOTOR'OR'STEAM"VESSELS"BETWEEN"
III. NATURE OF A FRANCHISE THE$BANKS$OF$A$RIVER!OR#STREAM.#IT#IS#A#
CONTINUATION(OF(THE(HIGHWAY'WHEN'
According to jurisprudence: CROSSING(RIVERS(OR(EVEN$LAKES$WHICH$ARE$
A CPC can be sold as it has considerable material value SMALL%BODY%OF%WATERS!SEPARATING*THE*
(considered as a valuable asset)16. LAND.!
It is affected with public interest and therefore, must be !
submitted to the control of government17. INTERISLAND*OR*COASTWISE%TRADE:!A"SERVICE"
THAT$INVOLVES$THE$USE"OF"STEAMBOAT"OR"
A CPC does not confer upon the holder any properietary MOTORBOAT'SERVICE'BETWEEN%DIFFERENT%
right over the route covered thereby18. ISLANDS,(INVOLVING(MORE$OR$LESS$GREAT$
DISTANCE)AND)OVER)MORE#OR#LESS#TURBULENT!
RAYMUNDO V LUNETA (1933) AND$DANGEROUS$WATERS!OF#THE#OPEN#SEA.!
A"CERTIFICATE"OF"PUBLIC$CONVENIENCE$CAN$BE# PANTRANCO extended its bus operations to include
SOLD%BY%THE%HOLDER%THEREOF&BECAUSE&IT&HAS" ferry services between Matnog (Sorsogon) and Allen
CONSIDERABLE,MATERIAL"VALUE"AND"IS" (Samar). Its theory is that the ferry service is a
CONSIDERED)A)VALUABLE"ASSET"! F: continuation of the highway which is interrupted by
GT defaulted on its loans. Its CPC and trucks were the water, therefore no need of a separate CPC as
subject to a writ of attachment. Pending the case, the same was necessary and incidental to the
Guzco sold the said property to Raymundo. The transporation of passengers and cargoes.
F:
lower court then ordered the sale of the attached I: WON A CPC is still necessary
property via public auction. Two sales occurred. The YES. The court held that the respondent is engaged
PSC approved the second sale. in interisland/coastal service (see doctrine). A
R:
I: WON separate CPC is needed to operate such service as
YES. The Court holds that it is the sale via public mandated by law.
auction that should prevail. The Court discussed the
nature of a franchise and CPC is that, since it is
R:
“property”, it can be subject to writs of attachment
and execution, however, still subject to the approval
of the PSC.
15 CRISOSTOMO V CA
16 RAYMUNDO V LUNETA
17 COGEO-CUBAO V CA
18
Id.
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 13 56
It has been identified as one of the root causes of the
V. PRIOR OPERATOR RULE prevalence of graft and corruption in the government
Creates preference, not exclusivity
Definition of the Prior Operator Rule19 transportation offices21.
A first licensee/operator with a prior license should have
more or less a vested and preferential right over a person KABIT SYSTEM UNREGISTERED SALE
who seeks to acquire another and a later license over the Sale is registered but not with No approval by the
same route provided that the following are complied with: the owner of the assets regulator
1. Keeps and performs with the terms and conditions of the Void as to the parties and 3rd Binding between the
license; persons parties
2. Complies with the reasonable rules and regulations of
Effects of Kabit system:
the commission; and
The operator on record is considered the operator of the
3. Meets the reasonable demands of the public.
vehicles under it as regards the public or 3rd persons22.
Rationale Ratio: To protect the riding public23
To secure adequate sustained service for the public at the
least possible cost, and to protect and conserve investments Parties to a kabit system will not be given any relief under
already made for this purpose. the law against each other (in pari delicto)24.
To prevent ruinous competition
- But a kabit may enforce a claim against an offending
BATANGAS TRANSPO V ORLANES (1928) party as the evil sought to be prevented by the law
SO#LONG#AS#THE#FIRST!LICENSEE'OR'AN' enjoining the kabit system is not present therein25.
OPERATOR'WITH'A'PRIOR"LICENSE"KEEPS"AND"
PERFORMS(THE(TERMS(AND!
CONDITIONS$OF$ITS$LICENSE$AND#COMPLIES# TEJA V IAC (1987)
WITH%THE%REASONABLE%RULES&AND& THE$“KABIT&SYSTEM,”#WHILE#NOT#OUTRIGHTLY$
REGULATIONS,OF,THE,COMMISSION&AND&MEETS& PENALIZED)AS)A)CRIMINAL$OFFENSE,$OFFENDS!
THE$REASONABLE$DEMANDS#OF#THE#PUBLIC,#IT! AGAINST'PUBLIC'POLICY"AS"IT"DEFEATS"THE"
SHOULD'HAVE'MORE'OR'LESS$OF$A$VESTED$AND! NATURE'OF'A'CERTIFICATE$OF$PUBLIC$
PREFERENTIAL*RIGHT*OVER$A$PERSON$WHO$ CONVENIENCE'AS'A'SPECIAL%PRIVILEGE%
SEEKS$TO$ACQUIRE$ANOTHER%AND%A%LATER" CONFERRED(BY(THE(GOVERNMENT.'IT'AMOUNTS'
LICENSE'OVER'THE'SAME"ROUTE.! TO#AN#ABUSE#BY#THE#GRANTEE&OF&SAID&
PRIVILEGE,)WHICH)CANNOT$BE$COUNTENANCED$
Orlanes, an irregular operator of an autobus line, BY#THE#COURT.!
F: applied for a CPC to become a regular operator. BTC
opposed but PSC granted Orlanes’ petition. Teja sued Nale for the unpaid price, with interest
I: WON Orlanes may be granted a CPC and damages, of a motorcycle. Their transaction
NO. See doctrine. In this case, BTC has complied with included an agreement where Jaucian (Teja) was to
R: F:
the prior –operator rule. be registered as owner of the motorcycle with the
LTC, while simultaneously allowing Nale to use
Teja’s existing transport franchise.
VI. KABIT SYSTEM I: WON they are in pari delicto
YES. SC held that this agreement constituted a
Definition of a kabit system: “kabit system,” which is a fictitious registration of the
A system where the grantee of a CPC allows another person motor vehicle in the name of one party while
to operate under such franchise for a fee. allowing another person to use his franchise and
R:
operate a transport service, and is therefore void for
Rationale against the system: being against public policy. Thus, the SC upheld the
A CPC is a special privilege conferred by government. Any IAC’s ruling that neither party can recover from one
abuse of such privilege is against public policy and cannot another on the basis of said void agreement.
be countenanced20.
- It is not per se illegal as there is no law punishing it as a SANTOS V SIBUG (1981)
crime. THE$OPERATOR$OF$RECORD#IS#CONSIDERED#THE!
- Against public policy as if we are to allow such, owners OPERATOR'OF'THE'VEHICLE$IN$CONTEMPLATION!
wil just transfer the erring vehicle to another who do
not have property to escape liability.
21 LITA ENTERPRISES V CA
22 SANTOS V SIBUG
23 LIM V CA
19 BTCO V ORLANES 24 LITA ENTERPRISES V CA
20 TEJA V IAC 25 LIM V CA
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 14 56
OF#LAW#AS#REGARDS#THE"PUBLIC"AND"THIRD" BALIWAG TRANSIT V CA (1987)
PERSONS'EVEN'IF'THE'VEHICLE'INVOLVED'IN' THE$DETERMINING)FACTOR)OF"THE"EXISTENCE"
THE$ACCIDENT$HAD$BEEN"SOLD"TO"ANOTHER" OF#A#KABIT#SYSTEM#IS!POSSESSION'OF'A'
WHERE%SUCH%SALE%HAD%NOT$BEEN$APPROVED$BY! FRANCHISE*TO*OPERATE,"NOT"THE"ISSUANCE"OF"
THE$THEN$PUBLIC$SERVICE'COMMISSION.! 1"SSS"ID#.!
Santos owns a jeep, Vidad has a CPC. Santos has a 2 bus lines, BT and BTI, were granted separate
kabit arrangement with Vidad. The jeep hit Sibug. franchises but only 1 SSS ID#. Martinez (EE of BT)
F: F:
Sibug filed a case against Vidad and won. Jeep was filed a petition with SSC to compel BTI to remit his
levied. SSS premiums.
I: WON the levy was proper I: WON the bus lines are in a kabit system
YES. As far as Sibug is concerned, Vidad is the owner
of the jeep. The recourse of Santos is to go after R: NO. See doctrine.
Vidad for his jeep that was levied upon. Jeep was
R:
registered in Vidad’s name, although Santos and
Vidad has a private document evidencing the true VII. PRIVATE NATURE; RIGHTS AND
ownership of the jeep.
OBLIGATIONS OF PARTIES INTER
LITA ENTERPRISES V CA (1984)
SE ARISING FROM
THE$KABIT$SYSTEM$IS$A"PERNICIOUS"SYSTEM" TRANSACTIONS RELATING TO
THAT$CANNOT$BE$TOO$SEVERELY&CONDEMNED.& TRANSPORTATION
IT#CONSTITUTES#AN#IMPOSITION'UPON'THE'
GOOD$FAITH$OF$THE$GOVERNMENT.! Private Vehicles
The Sps. Ocampo made kabit to Lita Enterprises’ They are not public utilities (since no compensation) and
CPC for the formers’ taxi cabs. Subsequently, an their passengers are considered accommodation
accident occurred where the taxi collided with a passengers.
F:
motorcycle, killing the driver of the latter. After the Their responsibility is to exercise ordinary or reasonable care
incident, the Sps. wanted the registration of the taxis to avoid injuring his/her passengers26.
back, so they filed a case. Note that under Art. 1761, passengers must also observe
WON the lower court erred in granting relief to the due diligence to avoid injury to him/herself.
I:
parties
YES. The SC held that this kabit system is void for
COMMON PRIVATE
being contrary to public policy and therefore, the
R: CARRIER CARRIER
parties, being in pari delicto, must not be given any
AVAILABILITY Holding out Contracts with
remedies.
indiscriminately special groups or
individuals
LIM V CA (2002) REQUIRED Extraordinary Ordinary diligence
THRUST&OF&THE&LAW&ENJOINING&THE&KABIT& DILIGENCE diligence
SYSTEM:!NOT!SO!MUCH!AS!TO!PENALIZE!THE!
PARTIES!BUT!TO!IDENTIFY!THE!PERSON!UPON!
REGULATION Subject to state Not subject
WHOM!RESPONSIBILITY!MAY!BE!FIXED&IN&CASE& regulation
OF#AN#ACCIDENT#WITH#THE$END$VIEW$OF$ LIMITATION OF Allowed as Allowed, provided
PROTECTING*THE*RIDING"PUBLIC.! LIABILITY provided by law not contrary to
law, morals, good
Gonzales’ passenger jeepney collided with a truck customs, public
due to the truck driver’s fault. Gonzales sued for policy
F: damages but the truck owner alleged that Gonzales EXEMPTING Proving EOD and Caso fortuito, Art.
had no legal personality to sue since he was not the CIRCUMSTANCE Art. 1733 1174
registered owner of the jeepney.
I: WON the kabit may claim damages PRESUMPTION There is a No presumption
YES. SC awarded damages to Gonzales, despite OF NEGLIGENCE presumption
being a kabit, since the evil sought to be prevented GOVERNING LAW Law on common Law on oblicon
R: carrier
by the law enjoining the kabit system was not
present in this case.
A KABIT HAS RIGHTS TOO!
26 LARA V VALENCIA
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 15 56
A. ABSENT A TRANSPORTATION REGULATION OF THE
CONTRACT
TRANSPORTATION INDUSTRY
LARA V VALENCA (1958) General areas of regulation:
THE$OWNER$OR$OPERATOR"OF"AN"AUTOMOBILE" 1. Area of service
OWES%THE%DUTY%TO%AN%INVITED'GUEST'TO' 2. Rate-fixing
EXERCISE'REASONABLE'CARE%IN%ITS%OPERATION,# 3. Penalties
AND$NOT$UNREASONABLY!TO#EXPOSE#HIM#TO# 4. Permits
DANGER'AND'INJURY'BY!INCREASING)THE) 5. Equipment
HAZARD&OF&TRAVEL.&HE!MUST%EXERCISE%
ORDINARY(OR(REASONABLE#CARE#TO#AVOID#
INJURING'HIS'PASSENGER.!
DIFFERENTIATING REGULATORY AGENCIES
CAAP CAB
Lara, sick with malaria, hitched a ride with Valencia LTO LTFRB
to Davao. He chose to sit in the back of the pick-up. In-charge with the policy Regulates the business or
F:
En route, Lara fell from the pick-up and sustained planning, direction and economic aspect of the
serious injuries leading to his death. general welfare of the franchise.
I: WON Valencia is liable industry.
NO. The Court held that Valencia could not be liable
for Lara’s death. Lara was merely an
accommodation passenger, to whom Valencia was I. DOTC
only obligated to extend reasonable care, and not LINE AGENCY ATTACHED AGENCY
R: the extraordinary diligence required of common LTO, LTFRB MARINA, CAAP, CAB
carriers. Further, Lara himself had negligently Subject to control and Only required to
declined the invitation to sit in front. Lara’s death supervision by the DOTC communicate with the
was thus ruled to be an accident, for which Valencia DOTC for policy and
could not be responsible. program coordination
DOTC may amend, modify More or less autonomous
and revoke their actions
B. LIABILITY OF REGISTERED OWNER
Responsibilities of registered owner: MIRASOL V DPWH (2006)
Liable for any quasi-delict caused by his/her vehicle even if THE$AUTHORITY$TO$REGULATE&THE&FLOW&OF&
a 3rd person was driving it. VEHICULAR*TRAFFIC*ALONG$MAJOR$ROADS$
RESIDES&WITH&THE&DOTC!AND$NOT$THE$DPWH.!
_______________________________________________________________
TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 16 56
PAL V CAB (1968)
CAB!HAS$THE$POWER$TO$ISSUE#"TEMPORARY#
COMMON CARRIERS
OPERATING*PERMITS"!
I. IN GENERAL
PAL opposes the grant by CAB to Fairways of a
F: temporary operating permit, as it had not yet A. DEFINITIONS, ESSENTIAL ELEMENTS
presented evidence in the economic proceedings.
I: WON CAB may grant the TOP What is a common carrier27?
YES. The SC ruled that the CAB has the authority to Common carriers are persons, corporations, firms, or
issue such permits on its own initiative, and that associations, engaged in the business of carrying or
R: there was no denial of due process since what was at transporting passengers or goods or both, by land, water, or
issue is a mere interlocutory order and not a decision air, for compensation, offering their services to the public.
on the merits.
REQUISITES OF A COMMON CARRIER OF
GOODS
B. LAND
FPIC Test
Land Transportation Office (LTO) 1. He must be engaged in the business of carrying goods
Concerned with the registration of drivers and motor for others as a public employment, and must hold
vehicles. RA 4136 prescribes procedure for the examination, himself out as ready to engage in the transportation of
licensing and bonding of drivers; the registration and re- goods for person generally as a business and not as a
registration of motor vehicles, transfer of ownership, change casual occupation;
of status, etc. 2. He must undertake to carry goods of the kind to which
Land Transportation Franchising and Regulatory Board his business is confined;
(LTFRB) 3. He must undertake to carry by the method by which his
Exercises quasi-judicial and regulatory powers with respect business is conducted and over his established roads;
to land transportation; among its more important powers and
include the power to issue, amend, revise CPCs; prescribe 4. The transportation must be for hire.
routes, reasonable fare rates. Bascos Test:
Class notes: Whether the given undertaking is a part of the business
DOTC has control and supervision over land agencies, which engaged in by the carrier which he has held out to the
is not the case in air agencies. general public as his occupation rather than the quantity or
extent of the business transacted.
Rationale: Land transportation is more sensitive and
requires more care and caution. Extraordinary diligence
A common carrier must render service with the greatest skill
KMU LABOR CENTER V GARCIA and utmost foresight.
UNDER&SEC.&16&OF&THE!PUBLIC'SERVICE'ACT,'THE$ Rationale: The nature of the business of common carriers
LEGISLATURE*DELEGATED"TO"THE"LTFRB"THE" and the exigencies of public policy
POWER&“TO&DETERMINE.!PRESCRIBE,(APPROVE(
AND$PERIODICALLY$REVIEW$AND$ADJUST,$ Rationale of Presumption28:
REASONABLE)FARES,)RATES$AND$OTHER$ In requiring compliance with the standard which is in fact
RELATED'CHARGES,'RELATIVE&TO&THE& that of the highest possible degree of diligence, from
OPERATION)OF)PUBLIC)LAND%TRANSPORTATION% common carriers and in creating a presumption of
SERVICES'PROVIDED'BY!MOTORIZED)VEHICLES.”! negligence against them, the law seels to compel them to
SUCH%DELEGATION%IS%ALLOWED&IN&ORDER&TO& control their employees, to tame their reckless instincts
ADAPT%TO%THE%INCREASING)COMPLEXITY!OF# and to force them to take adequate care of human beings
MODERN'LIFE.! and their property.
C. WATER
US V TAN PIACO (1920)
Maritime Industry Authority (MARINA) No rate-fixing power SO#LONG#AS#THE#INDIVIDUAL&OR&
COPARTNERSHIP,-IS-ENGAGED%IN%A%PURELY%
Has jurisdiction over the development, promotion, and
PRIVATE(ENTERPRISE,(WITHOUT'ATTEMPTING'TO"
regulation of all enterprises engaged in the business of
RENDER%SERVICE%TO%ALL"WHO"MAY"APPLY,"HE"
vessels, shipyards, dry-docks, marine railways, shipping and
freight forwarding agencies and similar enterprises.
Rationale for deregulation of shipping industry
To encourage investments in the industry by existing
operators and attract new investments. 27
Art. 1732
28 MECENAS V CA
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 17 56
CANNOT&BE&CONSIDERED!A"PUBLIC"UTILITY,"FOR" GENERAL'PUBLIC'AS'HIS"OCCUPATION"RATHER"
PUBLIC'USE.! THAN%THE$QUANTITY$OR$EXTENT#OF#THE#
BUSINESS'TRANSACTED.!
Tan Piaco rented two automobile trucks in Leyte for
the purpose of carrying some passengers and Cipriano subcontracted with BT to help him with the
F:
freight. They were charged with violating the Public F: delivery of soya bean meal pursuant to hauling
Utility Law for operating without a permit. contract he had with Jibfair. BT failed to deliver
I: WON such operation was a public utility I: WON Bascos is a common carrier
NO. These trucks furnished service under special YES. See doctrine. Bascos herself made a judicial
R: agreements to carry particular persons and property admission that she was in the trucking business,
and therefore, not for public use. R: offering her trucks to those with cargo to move.
Judicial admissions are conclusive and no evidence
NOT A GOOD CASE ANYMORE is required to prove the same.
FPIC V CA (1998)
*** DE GUZMAN V CA (1988)
SEE#ENUMERATION#ABOVE.#THIS#WAS#A#
UNDER&ART.&1732,&THERE#IS#NO#DISTINCTION!
CITATION'OF'PROF.'AGBAYANI’S(COMMENTARIES!
BETWEEN&ONE&WHOSE&PRINCIPAL'BUSINESS'IS'
THE$CARRIAGE$OF$$PERSON/GOODS,(AND(ONE( FPIC is a grantee of a pipeline concession. City
WHO$ONLY$PERFORMS$THIS#ACTIVITY#AS#AN# Treasurer required FPIC to pay a local tax. FPIC
ANCILLARY(ACTIVITY.(FURTHERMORE,*NO*
F:
claims exemption by virtue of its being a common
DISTINCTION(IS((MADE!BETWEEN&A&PERSON& carrier.
OFFERING(THIS(SERVICE"ON!A"REGULAR,OR" I: WON FPIC is exempt from paying local tax
SCHEDULED(BASIS,(AND!A"PERSON"OFFERING" YES. See doctrine. It is engaged in the business of
THIS%SERVICE%ON%%AN%OCCASIONAL(OR(EPISODIC# R: transporting or carrying goods, i.e. petroleum
BASIS.&&LASTLY,&NO&DISTINCTION'IS'MADE'
products, for hire as a public employment.
BETWEEN&A&CARRIER&OFFERING'ITS'SERVICES'TO#
THE$GENERAL$PUBLIC,$AND$ONE$WHO$OFFERS$IT"
TO#SPECIFIC#PARTIES.!!! LOADSTAR V CA (1999)
IT#IS#NOT#NECESSARY#THAT$THE$CARRIER$BE$
Respondent was a junk dealer who occasionally
ISSUED&A!CPC#TO#BE#CONSIDERED!AS#A#COMMON#
engaged in carrying the goods of others as a side CARRIER!
business. Petitioner had him deliver 750 cartons of
F: F: Loadstar sank on its way to Manila.
milk to his establishment. However, 600 cartons
were undelivered because one of the trucks got I: WON Loadstar is liable as a common carrier
hijacked by armed men. YES. See doctrine. Then the Court found that
I: WON respondent was a common carrier Loadstar is negligent in embarking on its voyage.
R:
The vessel was found to be not seaworthy when it
R: YES. See doctrine. embarked.
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 18 56
Petitioner is engaged in carrying goods (white
wheat) by water. Typhoon came. A few days after,
the barge developed a list because of a hole it
F:
sustained after hitting an unseen protuberance
underneath the water. The hole was then patched
with clay and cement. Towed then sank.
I: WON Asia Lighterage is liable as a common carrier
R: YES. See doctrine. They were clearly negligent.
CRISOSTOMO V CA (2008)
A"CONTRACT"OF"CARRIAGE#OR#TRANSPORTATION!
IS#ONE#WHEREBY#A#CERTAIN%PERSON'OR'
ASSOCIATION(OF(PERSONS#OBLIGATE#
THEMSELVES(TO(TRANSPORT$PERSONS,$THINGS,!
OR#NEWS#FROM#ONE#PLACE#TO#ANOTHER#FOR#A#
FIXED&PRICE.!
Missed flight for Jewels of Europe. She accused the
F: travel agency of negligence for wrongly informing
her of her trip details.
I: WON the agency is liable as a common carrier
NO. See doctrine. The contract entered into by the
petitioner and the respondent is an ordinary contract
R:
of service and only required diligence of a good
father of a family.
_______________________________________________________________
TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 19 56
CULPA ACQUILIANA V CULPA CONTRACTUAL FORES V MIRANDA (1959)
CULPA CULPA THE$ACTION'FOR'BREACH'OF!CONTRACT'
CONTRACTUAL AQUILIANA IMPOSES'ON'THE'DEFENDANT%CARRIER%A%
CAUSE OF The breach of the The wrongful or PRESUMPTION+OF+LIABILITY%UPON%MERE%PROOF!
OF#INJURY#TO#THE#PASSENGER;'THEN'THE'
ACTION obligation under negligent act or
BURDEN'IS'PLACED'ON'THE$CARRIER$TO$PROVE!
the contract omission
THAT$IT$WAS$DUE$TO$AN"UNFORSEEN"EVENT"OR!
NATURE OF Direct and Vicarious TO#FORCE#MAJEURE#TO#ESCAPE&LIABILITY!
LIABILITY OF immediate
COMMON Driver Eugenio Luga lost control of jeepney while
CARRIER descending Sta. Mesa bridge at excessive speeds. 5
F:
passengers injured including Ireneo, who suffered a
29
Principles governing the liability of the common carrier fracture of the upper right humerus.
1. The liability of a carrier is contractual and arises upon I: WON jeepney is liable
breach of its obligation, said breach occurring if it fails to YES. There was a clear breach of contract of
exert extraordinary diligence according to all R: carriage. And since the sale was not recorded with
circumstances of each case; the PSC, the original owner is liable.
2. A carrier is obliged to carry its passenger with the
utmost diligence of a very cautious person, having due PHIL RABBIT V IAC (1990)
regard for all the circumstances; SUBSTANTIAL)FACTOR)TEST:"IF"THE"ACTOR’S"
3. A carrier is presumed to be at fault or to have acted CONDUCT'IS'A'SUBSTANTIAL%FACTOR%IN%
negligently in case of death of, or injury to, passengers, it BRINGING&ABOUT&THE&HARM$TO$ANOTHER,$THE$!
being its duty to prove that it exercised extraordinary FACT%THAT%THE%ACTOR%NEITHER'FORESAW'NOR'
diligence; and SHOULD'HAVE'FORESEEN!THE$EXTENT$OF$THE$
4. It is not an insurer against all risks of travel. HARM%OR%THE%MANNER%IN"WHICH"IT""OCCURRED!
OES$NOT$PREVENT$HIM$FROM%BEING%LIABLE.%!
CANGCO V MRR (1918) The jeep suddenly U-turned because of one of its
THE$FOUNDATION$OF$LEGAL$LIABILITY$IS$THE! rear wheels got detached. Almost at the same time
F:
CONTRACT'OF'CARRIAGE!AND$THE$NATURE$OF$ it turned, a bus coming from the opposite direction
THE$LIABILITY$IS$DIRECT$AND$IMMEDIATE.! bumped its rear, killing 3 passengers.
I: WON jeepney owners were liable
Watermelons on the platform left by the train
YES. Court held that in this case, the jeepney owners
F: employees tripped the alighting passenger, causing
were liable (for breach of contract of carriage) and
injuries. R:
for being negligent (failed to rebut the presumption
I: WON MRR is liable
of negligence using extra-ordinary diligence).
YES. MRR was liable because of breach of contract
of carriage and such liability, being direct and
R: LRTA V NAVIDAD (2003)
immediate, could not be excused by proof that fault
was imputable only to its employees. THE$FOUNDATION$OF$LIABILITY'IS'THE'
CONTRACT'OF'CARRIAGE'AND'ITS'OBLIGATION'
TO#INDEMNIFY#THE#VICTIM$ARISES$FROM$THE$
ISAAC V A.L. AMMEN (1957) BREACH'OF'THAT'CONTRACT$BY$REASON$OF$ITS!
SEE#ENUMERATION#ABOVE.! FAILURE(TO(EXERCISE(THE$HIGH$DILIGENCE$
Isaac boarded Ammen’s bus, placed his left arm REQUIRED'OF'COMMON'CARRIERS.!
F: outside the window. Bus figured in a collision that Navidad had an altercation with the security guard
resulted to Isaac’s left arm being severed. F: in LRT, fell on the LRT tracks, struck by a moving
I: WON bus is liable LRT train then died.
NO. the Court agreed that appellee Ammen had
done everything they had in their power to avoid the
R: accident, but could not do it due to the attending C. CLASSES OF COMMON CARRIERS
circumstances. (Case with pile of rocks that caused
the blocking of a lane) As to service
- Carrier of goods;
- Carrier of passengers
As to mode of transportation
- Land
- Water
- Air
29 ISAAC V AMMEN
_______________________________________________________________
TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 20 56
D. LAW APPLICABLE CARRIER,'THAT'SUBSEQUENTLY'ARRIVE'AT'THE!
DESTINATION)IN)BAD)ORDER.!
Applicability of laws (in order) The Government enlisted Ynchausti’s services to
1. Civil Code make two shipments of mineral oil on different
2. Code of Commerce F:
dates. Both shipments were found to be short by one
3. Special laws case, and this was noted in the bills of lading.
Note: I: WON Ynchausti is liable
YES. See doctrine. The Court held that Ynchausti was
According to Art. 1753, the law of the country to which the
not entitled to mandamus, because it had failed to
goods are to be transported shall govern the liability of the R:
refute the presumption that the loss had occurred
common carrier for their loss, destruction, or deterioration.
due to its fault.
30
Art. 1734
31 32
Art. 1735 Art. 1739 and 1740
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 21 56
majeure. The circumstances were: ASIA LIGHTERAGE V CA (2003)
1. There was no way to move the lorcha to another NOT$HAVING$FIXED$AND!PUBLICLY(KNOWN(
location that was less exposed to the elements ROUTES,(TERMINALS(AND"TICKETS"DOES"NOT"
2. The captain deployed did everything to prepare EXEMPT&A&CARRIER&FROM"BEING"A"COMMON"
the lorcha for the storm CARRIER.!
3. There was equal interest on the part of the Petitioner is engaged in carrying goods by water. It
defendant company to preserve the lorcha claims that it is not a common carrier because it has
because it contained the goods of the defendant no fixed and publicly known route, maintains no
as well terminals, and issues no tickets. It points out that it
4. Following the storm, the crew recovered what F:
is not obliged to carry indiscriminately for any
they could and immediately sold them in an person. It is not bound to carry goods unless it
effort to minimize the loss of the plaintiff consents. In short, it does not hold out its services to
WON the carrier is exempted from liability due to the general public.
I:
force majeure. I: WON the vessel is not a common carrier
YES. Court ruled that the defendant had done all NO. Court held that Petitioner is a common carrier
R: that it could in order to avoid the loss and did not and petitioner’s defenses does not matter as Article
R:
incur any liability. 1732 does not make any distinctions (see De
Guzman)
MARTINI V MACONDRAY (1919)
WHERE%THE%SHIPPER%AGREES$TO$HAVE$HIS$ 2. ACT OF PUBLIC ENEMY
GOODS%CARRIED%ON%DECK,#HE#TAKES#THE#RISK!
OF#ANY#DAMAGE#OR#LOSS"SUSTAINED"AS"A" Requisites for the exemption33:
CONSEQUENCE(OF(THEIR!BEING&SO&CARRIED.! 1. The act of the public enemy must be the proximate and
! sole cause of the loss, damage or deterioration; and
THE$BURDEN'SHIFTS'TO'THE!CARRIER&IF&IT& 2. Common carrier must exercise due diligence before,
ALLEGES&THAT&THE&LOSS"ON"DECK"WAS"DUE"TO! during and after the disaster.
AN#EXCEPTED#PERIL,#BUT#EVEN#IF#IT#WERE#DUE#
TO#AN#EXCEPTED#PERIL,"THE"CARRIER"MAY"BE!
HELD%LIABLE%IF%THE%SHIPPER&IS&ABLE&TO&PROVE$ 3. ACT OR OMISSION OF SHIPPER
THAT$THE$CARRIER$HAD!BEEN$NEGLIGENT.!
Requisite for the exemption34:
Goods were carried on deck and upon arrival it was The act/omission of the shipper or owner must be the
found that they were damaged due to the effects of proximate cause of the loss, damage or deterioration.
F:
fresh and salt water (a peril of the sea). Shipper If the the proximate cause of the loss, damage, or
consented to have them on deck (took the risk) deterioration was that of the carrier and there was
I: WON carrier is liable for the damage on the goods negligence on the part of the shipper or owner, damages
NO. Despite such consent, the carrier may still be are equitable reduced.
held liable if the shipper was able to prove that the
carrier had failed to observe due diligence in
R: 4. CHARACTER OF GOODS / PACKAGING
handling goods carried on deck. In this case, carrier
was not negligent, as there was no allegation of Requisites for the exemption35:
negligence.
1. The character of the goods or the faulty nature of the
packaging must be the cause of the loss, damage or
EASTERN SHIPPING V IAC (1987) deterioration; and
FIRE%IS%NOT%CONSIDERED#A#NATURAL#DISASTER" 2. Common carrier must exercise due diligence to
OR#CALAMITY.#THIS#MUST#BE#SO#AS#IT#ARISES" forestall or lessen the loss.
ALMOST'INVARIABLY'FROM#SOME#ACT#OF#MAN#
OR#BY#HUMAN#MEANS.!
GOVERNMENT V YNCHAUSTI (1919)
The vessel caught fire and sank, resulting in the total EXAMPLE'OF'CHARACTER!OF#GOODS#BEING#
F:
loss of ship and cargo. CAUSE&OF&EXEMPTION&FROM$LIABILITY!
I: WON the carrier is liable
YES. See doctrine. Having failed to discharge the Government shipped tiles to its consignee in Iloilo,
burden of proving that it had exercised the F: through Ynchausti. When it arrived, it was found that
R: extraordinary diligence required by law, Eastern the tiles were damaged. Government filed an action
Shipping Lines cannot escape liability for the loss of
the cargo
33
Art. 1739
34
Art. 1741
35
Art. 1742
_______________________________________________________________
TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 22 56
to recover. Additional reason: Robbery37
I: WON Ynchausti is liable Common carriers are responsible even for the acts of
NO. In their complaint, they did not dispute that the strangers/thieves/robbers BUT the duty of extraordinary
tiles were fragile or that it was loaded by Ynchausti diligence is reached where the goods are lost as a result of
properly. Ynchausti proved that the tiles were brittle robbery attended by grave or irresistible threat, violence or
R: and fragile and that they were delivered without any force.
packing. It also proved that there was no negligence
on its part by showing that the tiles were loaded and SUMMARY ON RULES ON EXEMPTING
stowed in a diligent manner.
CIRCUMSTANCES:
SOUTHERN LINES V CA (1962) REQUISITES
AN#EXAMPLE#OF#NEGLIGENCE$IN$CHECKING$THE! NATURAL 1. The natural disaster must be the
PACKAGING(OF(GOODS(ON"BOARD.! DISASTER proximate and sole cause of the loss,
ART. 1739 & damage or deterioration;
City of Iloilo ordered rice from NARIC. The rice was
13740 2. Exercise of due diligence before,
delivered through a ship owned by Southern Lines.
during and after the disaster; and
F: Upon delivery and payment, it was discovered that
3. There must be no delay.
there was a shortage of rice. Iloilo then filed for the
recovery of the value of the undelivered rice. ACT OF ENEMY 1. The act of public enemy must be the
I: WON the carrier is liable for the shortage ART. 1739 proximate cause of the loss, damage
YES. In applying Arts. 361 and 362, the damage was or deterioration;
not caused by the inherent nature/defect of the 2. Common carrier must exercise due
goods, but by petitioner’s own negligence (Southern diligence before, during and after
Lines itself frankly admitted that the strings that tied the act of enemy.
R: the bags of rice were broken; some bags were with ACT/OMISSION The act/omission must be the
holes and plenty of rice were spilled inside the hull OF SHIPPER proximate cause of the loss, damage or
of the boat, and that the personnel of the boat ART. 1741 deterioration.
collected no less than 26 sacks of rice which they If proximate cause was that of the
had distributed among themselves.) carrier and both were negligent,
damages are equitably reduced.
5. ORDER OF COMPETENT AUTHORITY CHARACTER OF 1. The character of the goods or the
GOODS OR faulty nature of the packaging must
Requisites for the exemption36: PACKAGING be the proximate cause of the loss,
1. Public authority had power to issue the order; and ART. 1742 damage or deterioration; and
2. Order was issued with legal process. 2. CC must exercise due diligence to
forestall or lessen the loss.
GANZON V CA (1988) ORDER OF 1. Power to issue the order; and
THE$AUTHORITY$WHO$GAVE#THE#ORDER#MUST# COMPETENT 2. Issued with legal process.
HAVE%THE%POWER%TO%ISSUE$THE$DISPUTED$ AUTHORITY
ORDER,&OR&THAT&IT#WAS#LAWFUL,"OR"THAT"IT"
ART. 1743
WAS$ISSUED$UNDER$LEGAL#PROCESS#OF#
AUTHORITY.!
Ganzon’s employees ended up dumping the scrap C. DURATION OF EXTRAORDINARY
iron that they were contracted to deliver to Manila
F: RESPONSIBILITY
into the ocean due to the intervention of the Acting
Mayor of Mariveles. Shipper sued for damages. Instances when carrier has extraordinary responsibility:
I: WON the carrier is liable. 1. From the time the goods are unconditionally placed in
YES. The Court said that Ganzon cannot escape the possession of, and received by the carrier38 or its
liability because (1) he failed to exercise EOD; and (2) authorized agent (ability to exercise control and
he failed to prove that the loss was caused by the possession)39 for transportation;
intervention of competent authority. The Court Test: If there is nothing remainds to be done by the
R:
pointed out that since there was no showing that the shipper, then carrier has control and possession
Acting Mayor’s order was backed up by any power to 2. During storage in a warehouse of the carrier at the place
issue the same, it wasn’t considered as an order by
competent authority.
_______________________________________________________________
TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 24 56
EASTERN SHIPPING V CA (1994) a. Reasonable and just under the circumstances; (c.f.
THE$COMMON$CARRIER'S!DUTY%TO%OBSERVE%THE% Art. 1751) and
REQUISITE(DILIGENCE(IN#THE#SHIPMENT#OF# b. Fairly and freely agreed upon.
GOODS%LASTS%FROM%THE!TIME%THE%ARTICLES% 2. Limitation of liability upon delay due to strikes or riots50;
ARE$SURRENDERED$TO$OR"UNCONDITIONALLY" 3. Limitation of liability to amount in the bill of lading,
PLACED'IN'THE'POSSESSION%OF,%AND%RECEIVED" unless shipper declares a greater value and pays a
BY,$THE$CARRIER$FOR$TRANSPORTATION)UNTIL! higher rate of freight51;
DELIVERED'TO,'OR!UNTIL&THE&LAPSE&OF&A!
REASONABLE)TIME)FOR)THEIR&ACCEPTANCE&BY,! Exceptions to the limitation on liability
THE$PERSON$ENTITLED$TO#RECEIVE#THEM.! 4. If the injury or loss was caused by the carrier’s own
2 fiber drums of riboflavin were shipped from Japan. negligence52.
F: Upon arrival, one drum contained spillages, while Class note:
the rest of the contents were adulterated/fake.
- These rules are only applicable to land and air
transport.
EASTERN SHIPPING V BPI/MS INSURANCE (2014)
AS#A#CONSEQUENCE#OF#THIS%HIGH%STANDARD%OF"
DILIGENCE(REQUIRED(OF"THEM,"COMMON" HEACOCK V MACONDRAY (1921)
CARRIERS'ARE'PRESUMED"TO"BE"AT"FAULT"OR" THERE%ARE%THREE%KINDS"OF"STIPULATIONS"
NEGLIGENT'IF'THE'GOODS#THEY#TRANSPORTED# OFTEN&FOUND&IN&BILLS!OF#LADING.#THE#FIRST!
DETERIORATED(OR(WAS(LOST%OR%DESTROYED% INVOLVES(EXEMPTING(THE#CARRIER!FROM%ANY%
UNLESS&THEY&PROVE&THAT&THEY&OBSERVED% AND$ALL$LIABILITY$FOR"LOSS"OR"DAMAGE"
SUCH%HIGH%LEVEL%OF%DILIGENCE.! OCCASIONED)BY)ITS)OWN"NEGLIGENCE."THE"
SECOND'PROVIDES'FOR'AN#UNQUALIFIED#
Some of the steel coils shipped by Sumitomo with LIMITATION(OF(SUCH(LIABILITY'TO'AN'AGREED"
ESLI were not in good condition as evidenced by VALUATION.*THE*THIRD!LIMITS&THE&LIABILITY!OF#
F:
TOSBOC and RBOC jointly executed by ESLI and the THE$CARRIER$TO$AN$AGREED$VALUATION,$
arrastre stevedoring company ALI. UNLESS&THE&SHIPPER%DECLARES%A%HIGHER$
VALUE&AND&PAYS&A&HIGHER$RATE$OF$FREIGHT.!
!
D. AGREEMENT LIMITING LIABILITY ACCORDING)TO)AN)ALMOST#UNIFORM#WEIGHT#OF!
AUTHORITY,*THE*FIRST!AND$SECOND$KINDS$OF$
1. AS TO DILIGENCE REQUIRED
STIPULATIONS*ARE*INVALID%AS%BEING%
Requisites for a valid limitation of diligence47: CONTRARY(TO(PUBLIC(POLICY,'BUT'THE'THIRD!IS#
1. Must be in writing and signed by the shipper or owner; VALID&AND&ENFORCEABLE.!
2. Supported by a valuable consideration other than the The parties argue as to the valuation of the carrier’s
F:
service rendered by the common carrier; and liability for the lost Edmond clocks.
3. Reasonable, just and not contrary to public policy. The rationale: estoppel — that, having accepted the
benefit of the lower rate, in common honesty, the
Unreasonable, unjust or contrary to public policy48: R:
shipper may not repudiate the conditions on which it
1. Goods transported at risk of shipper; was obtained.
2. Complete exoneration from liability for any loss, damage
or deterioration;
3. Any level of diligence is dispensed with; SHEWARAM V PAL (1966)
4. Diligence lower than ordinary diligence; A"CARRIER"CANNOT"LIMIT#ITS#LIABILITY#FOR!
INJURY'TO'OR'LOSS'OF!GOODS%SHIPPED%WHERE%
5. No responsibility for acts/omissions of employees;
SUCH%INJURY%OR%LOSS%WAS$CAUSED$BY$ITS$OWN"
6. Dispensed with or diminished liability for acts of thieves NEGLIGENCE.!
or robbers without grave/irresistible threat, violence or
force; or The liability, if any, for loss or damage to checked
7. No liability for loss on account of defective condition of baggage or for delay in the delivery thereof is limited
vehicle or equipment used in the contract of carriage. to its value and, unless the passenger declares in
F:
advance a higher valuation and pay an additional
2. AS TO AMOUNT OF LIABILITY charge therefor, the value shall be conclusively
deemed not to exceed P100.00 for each ticket.
Allowed stipulations: I: WON the carrier is exempt from liability.
1. Fixing of a sum that may be recovered if49:
47 50
Art. 1744 Art. 1748
48 51
Art. 1745 Art. 1749
49 52 SHEWARAM V PAL
Art. 1750
_______________________________________________________________
TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 25 56
NO. The fact that those conditions are printed at the does not provide for claiming of damages due to
back of the ticket stub in letters so small that they delay in the delivery.
are hard to read would not warrant the presumption I: WON the Warsaw Convention is an exclusive list
R:
that the appellee was aware of those conditions NO. See doctrine. It does not regulate, much less
such that he had "fairly and freely agreed" to those exempt, the carrier from liability for damages for
conditions. Passengers also do not sign the ticket. violating the rights of its passengers under the
R:
contract of carriage, especially if wilfull misconduct
ONG YIU V CA (1979) on the part of the carrier's employees is found or
A"CONTRACT"LIMITING"LIABILITY'UPON'AN' established, which is clearly the case in point.
AGREED&VALUATION&DOES"NOT"OFFEND"AGAINST!
THE$POLICY$OF$THE$LAW"FORBIDDING"ONE"FROM" 3. AS TO DELAY IN DELIVERY
CONTRACTING)AGAINST)HIS$OWN$NEGLIGENCE.!
Note:
BAGGAGE LIABILITY ... The total liability of the
Remember that under Art. 1165, if the carrier is in delay, it is
Carrier for lost or damaged baggage of the
responsible for any fortuitous event until it has effected the
passenger is LIMITED TO P100.00 for each ticket
delivery.
F: unless a passenger declares a higher valuation in
excess of P100.00, but not in excess, however, of a
total valuation of P1,000.00 and additional charges MAERSK V CA (1993)
are paid pursuant to Carrier's tariffs. COMMON%CARRIERS%ARE%ONLY%OBLIGATED%TO%
I: WON the carrier has limited liability. MAKE%DELIVERY%WITHIN!A"REASONABLE"TIME,"
YES. Since the Petitioner did not declare a higher UNLESS&BY&SPECIAL&CONTRACT&THEY&
R: valuation on the luggage, he is therefore bound to UNDERTAKE)TO)DELIVER!ON#A#SPECIFIC#DATE.!
be indemnified to a maximum of P100.00 only. Castillo ordered empty gel capsules from a supplier
in Puerto Rico. For unknown reasons, the cargo was
PAN AM V IAC (1988) diverted to Richmond, Virginia, before being
F:
EXAMPLE'OF'THE'APPLICATION'OF'PREVIOUS' redirected to Oakland, CA, and then, finally, to the
JURISPRUDENCE! PH on 10 June 1977. Hence, there was a delay of over
2 months.
Liability for loss, delay, or damage to baggage is
I: WON Maersk is liable for the delay
limited as follows unless a higher value is declared
YES. The Court held that this delay entitled Castillo
in advance and additional charges are paid: (1) for
to damages. See doctrine. In this case, the bill of
most international travel (including domestic R:
F: lading specified the delivery date, which Maersk was
portions of international journeys) to approximately
bound to observe.
$9.07 per pound ($20.00 per kilo) for checked
baggage and $400 per passenger for unchecked
baggage. 4. FACTORS AFFECTING AGREEMENT
I: WON the limitation on liability is valid
Factors that would render the stipulation on limitation of
YES. Based on the conditions stipulated in the
liability ineffective:
airline ticket, Pan Am’s liability is limited to $20 per
R:
kilo since Pangan did not declare a high value in 1. Common carrier refuses to carry the goods53;
advance nor did he pay for addtl charges 2. Common carrier delays, without just cause, the
transportation of the goods54;
3. Common carrier changes the stipulated/usual route55
CATHAY PACIFIC V CA (1993)
THE$WARSAW$CONVENTION(DOES(NOT(OPERATE' Notes:
AS#AN#EXCLUSIVE#ENUMERATION(OF(THE( The fact of absence of competitor in a line/route will be part
INSTANCES(FOR(DECLARING$A$CARRIER$LIABLE! of the test on reasonableness of stipulations limiting
FOR$BREACH$OF$CONTRACT#OF#CARRIAGE#OR#AS! liability56.
AN#ABSOLUTE#LIMIT#OF!THE$EXTENT$OF$THAT$
Notwithstanding limitation of liability, presumption of
LIABILITY.(IT(DOES(NOT#PRECLUDE#THE#
OPERATION)OF)THE)CIVIL#CODE.!
negligence will still hold.
63 LANDINGIN V PANTRANCO
64 NECESITO V PARAS
57 65 PILAPIL V CA
Art. 1753
58 66 JAL V CA
Art. 1754
59 ISAAC V AMMEN 67 LANDICHO V BTCO
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 27 56
and suffered injuries. One of the stevedores hired by carrier to load and
I: WON carrier is liable F: unload copra lost consciousness and eventually died
NO, HE WAS SLEEPY. The 3 requisites were not of gas poisoning when he entered the room.
met. Absent overt manifestations, a common carrier I: WON carrier is liable.
cannot be expected to know the mental/physical YES. It was not enough that Sulpicio’s EEs warned
R: well-being of its passengers (whether or not the the stevedores not to enter because of the gas.
same are sleepy or dizzy, for example)—part of the Sulpicio’s employees should have been sufficiently
responsibility for his safety falls upon the passenger instructed to see to it that the hatch of the barge
himself as well. was not opened by any unauthorized person and
R:
that it could not be easily opened by anyone.
NECESITO V PARAS (1958) Precautionary measures also should have been
THE$CARRIER,$WHILE&NOT&AN&INSURER!OF# observed by Sulpicio's employees to see to it that no
SAFETY,(IS(LIABLE(FOR"THE"FLAWS"OF"ITS" one could enter until after they made sure that it
EQUIPMENT,*IF*DISCOVERABLE! was safe.
SULPICIO V CA (1995)
A"CARRIER"IS"ALSO"RESPONSIBLE)FOR)INJURIES#
CAUSED'TO'NON$CREW/NON$PASSENGERS(
WITHIN&ITS&PREMISES,!WHEN%THEIR%PRESENCE%
WAS$CALLED$FOR$BY$THE"CONTRACT"OF"
68 DEL PRADO V MERALCO
CARRIAGE'AND'KNOWN!AND$CONSENTED$TO$BY$
69 CANGCO V MRR
70 LA MALLORCA V CA
THE$CARRIER.! 71 ABOITIZ V CA
72 PAL V CA
_______________________________________________________________
TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 28 56
CANGCO V MRR ABOITIZ V CA (1989)
MRR#WAS#BOUND#BY#REASON$OF$ITS$DUTY$AS$A! ONCE%CREATED,%THE%RELATIONSHIP&WILL&NOT&
PUBLIC'CARRIER'TO'AFFORD%TO%ITS%PASSENGERS# ORDINARILY)TERMINATE!UNTIL&THE&PASSENGER&
FACILITIES)FOR)SAFE)EGRESS%FROM%ITS%TRAINS.! HAS,%AFTER%REACHING%HIS$DESTINATION,$
SAFELY'ALIGHTED'FROM!THE$CARRIER'S$
CONVEYANCE(OR(HAD(A(REASONABLE)
DEL PRADO V MERALCO (1929) OPPORTUNITY)TO)LEAVE!THE$CARRIER'S$
THE$CARRIER’S$DUTY$EVEN$EXTENDS$TO$ PREMISES.(!
PERSONS'BOARDING'THE!CAR$AS$WELL$AS$TO$
THOSE&ALIGHTING&THEREFROM.! Anacleto Viana, a passenger of an Aboitiz vessel,
returned to the vessel to get his cargo. He was hit by
Del Prado got on a moving motorcar and fell when F:
a crane used for the unloading of cargo.
F: the driver accelerated the same before he got his Consequently, Anacleto died.
balance. I: WON carrier is liable
I: WON MERALCO is liable YES. See doctrine. All persons who remain on the
YES. Meralco breached its obligations as a carrier, premises a reasonable time after leaving the
R: and as such, is liable for the injury suffered by the conveyance are to be deemed passengers, and what
plaintiff. See Doctrine. is a reasonable time or a reasonable delay within
this rule is to be determined from all the
LA MALLORCA V CA (1966) circumstances, and includes a reasonable time to
R:
THE$RELATION$OF$CARRIER$AND$PASSENGER$ see after his baggage and prepare for his departure.
DOES%NOT%CEASE%AT%THE"MOMENT"THE" The carrier-passenger relationship is not terminated
PASSENGER(ALIGHTS$FROM$THE$CARRIER'S# merely by the fact that the person transported has
VEHICLE'AT'A'PLACE'SELECTED&BY&THE&CARRIER# been carried to his destination if, for example, such
AT#THE#POINT#OF#DESTINATION,'BUT'CONTINUES# person remains in the carrier's premises to claim his
UNTIL&THE&PASSENGER&HAS$HAD$A$REASONABLE! baggage
TIME%OR%A%REASONABLE!OPPORTUNITY)TO)
LEAVE%THE%CARRIER'S%PREMISES.!
PAL V CA (1983)
Beltran and family alighted from the bus and were THE$RELATION$OF$CARRIER$AND$PASSENGER(
now situated 5 meters from the vehicle. Mariano CONTINUES)UNTIL)THE)LATTER&HAS&BEEN&
went back to get their bayong which they left inside. LANDED&AT&THE&PORT&OF"DESTINATION"AND"HAS"
F:
While waiting, the bus suddenly started to move and LEFT%THE%CARRIER’S%PREMISES.!
unfortunately ran over his daughter’s skull, killing
Pedro’s flight had to be diverted because of a storm.
her.
F: PAL left him hanging without food, accommodation,
I: WON the bus company is liable
or transportation in a vicinity of armed conflict.
YES. See doctrine. Court held that they are still I: WON PAL is liable.
R:
entitled to claim based on breach.
YES. See doctrine. It invites people to avail of the
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comforts and advantages it offers.
BATACLAN V MEDINA (1957)
TEST$FOR$NEGLIGENCE:!WHETHER&THE&
NEGLIGENT'CONDUCT'IS!A"CAUSE"WITHOUT" C. PRESUMPTION OF NEGLIGENCE
WHICH%THE%INJURY%WOULD#NOT#HAVE#TAKEN#
PLACE&(SINE&QUA&NON&RULE)&OR!IS#THE# When presumption of negligence attaches73
EFFICIENT'CAUSE'WHICH"SET"IN"MOTION"THE" In case of death of or injuries to passengers.
CHAIN&OF&CIRCUMSTANCES#LEADING#TO#THE#
INJURY! How to rebut presumption
F: The famous bus that turned turtle and caught fire. 1. Exercise of extraordinary diligence74
I: WON the bus company is liable 2. Force majeure/caso fortuito/fortuitous event + no
YES. See doctrine. This case shows that the negligence on its part75
responsibility to exercise EOD still continues even 3. Passenger’s own negligence76
after the bus turned turtle.
heir negligence was the proximate cause of the
deaths. The fire resulting from the torch was not the
R: proximate cause; it was merely a consequence of the
accident, and an immediate cause. The trapped
passengers needed help, and people came to help.
The proximate cause of their deaths was the turning
73
turtle of the bus, which resulted from negligent 74
Art. 1756
driving. Id.
75 BACHELOR EXPRESS V CA
76 LANDICHO V BTCO
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 29 56
MANUFACTURING+DEFECTS.#NEITHER#CAN#THE#
3-fold test to exonerate common carriers from liability77:
PETITIONERS!SEEK$SOLACE$IN$THE$BRAND%NAME%
1. The common carrier makes sure that a passenger paces (GOOD%YEAR)%OF%THE%TIRE$FOR$ITS$QUALITY.!
himself inside the vehicle;
2. The vehicle is operated carefully; and
3. Its mechanism is perfectly alright to avoid mishaps. E. LIMITATION OF LIABILITY; VALIDITY OF
Notes: STIPULATIONS
Carrier may still file a 3rd party complaint against another
erring vehicle. Invalid stipulations79:
The defense of “last clear chance” is not applicable, since 1. Dispensing or diminishing of responsibility for the safety
this is a defense in contributory negligence between 2 of passengers;
vehicles. Note that for goods, level of diligence may be decreased to
ordinary diligence.
2. Limitation of liability caused by willful acts or gross
D. FORCE MAJEURE negligence by carrier during gratuitous carriage.
Effect of gratuitous carriage80
Essential characteristics of a caso fortuito78:
Parties may stipulate the common carrier’s liability for
1. The cause of the unforeseen and unexpected
negligence, but not for willful act or gross negligence.
occurrence, or of the failure of the debtor to comply with
A/N: I BELIEVE THAT ART. 1757 TALKS ABOUT LEVEL OF DLIGENCE WHILE
his obligation, must be independent of the human will; ART. 1758 TALKS ABOUT AMOUNT OF LIABILITY. THEREFORE, THE EXERCISE
2. It must be impossible to foresee the event which OF THE DILIGENCE REQUIRED UNDER ARTS. 1733 AND 1755 CAN NEVER BE
constitutes the caso fortuito, or if it can be foreseen, it REDUCED OR LIMITED.
must be impossible to avoid;
3. The occurrence must be such as to render it impossible
for the debtor to fulfill his obligation in a normal F. RESPONSIBILITY FOR ACTS OF
manner; and EMPLOYEES
4. The obligor (debtor) must be free from any participation
in the aggravation of the injury resulting to the creditor.
G.R.: A passenger is entitled to protection from personal
violence by the carrier, it’s agents or employees EVEN
BACHELOR EXPRESS V CA (1990) IF they acted beyond the scope of their authority or in
IN#ORDER#FOR#A#COMMON"CARRIER"TO"BE" violation of an order81.
RELIEVED'FROM'LIABILITY$DUE$TO$A$ E: Acts falling under force majeure (unforeseeable or
FORTUITOUS(EVENT,(IT!MUST%STILL%PROVE%THAT"
unavoidable)
THERE%WAS%NO%NEGLIGENCE$OR$LACK$OF$CARE$
AND$DILIGENCE$ON$THE!PART%OF%THE% Notes:
DEFENDANT'COMPANY'OR!ITS$AGENTS$AND$ A common carrier cannot be absolved from liability by
EXCLUSIVELY*WITHOUT*HUMAN&INTERVENTION! proving diligence in the selection and supervision of
A passenger stabbed a soldier while on the bus, employees nor by notices or signages82.
F: causing passengers to panic. Two passengers There is a difference between “scope of authority” and “line
jumped out of the window and died. of duty”. The law covers actions even beyond the scope of
I: WON bus is liable authority. If the person was outside the line of duty during
YES. See doctrine. In the case at hand, it was found the mishap, the common carrier is absolved from liability
that the driver was running at a fast speed even after (e.g. De Gillaco v MRR, where the court treated the security
it had just come from a full stop and was not able to guard as a passenger.)
immediately stop when the passengers were
R:
panicking, plus, it was equipped with only a solitary
door for a bus its size and loading capacity, in
contravention of rules and regulations provided for
under the Land Transportation and Traffic Code.
YOBIDO V CA (1997)
THE$FACT$THAT$THE$TIRE#WAS#NEW#DID#NOT#
IMPLY&THAT&IT&WAS&ENTIRELY'FREE'FROM'
79
Arts. 1757 and 1758
80
Art. 1758
77 81
Id. Art. 1759
78 82
Id. Art. 1760
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 30 56
DE GILLACO V MRR (1955) PILAPIL V CA (1989)
A"PASSENGER"IS"ENTITLED$TO$PROTECTION$ WHILE&THE&LAW&REQUIRES#THE#HIGHEST#DEGREE"
FROM%PERSONAL%VIOLENCE#BY#THE#CARRIER#OR! OF#DILIGENCE#FROM#COMMON$CARRIERS$IN$THE!
ITS$AGENTS$OR$EMPLOYEES#BUT#THIS# SAFE%TRANSPORT(OF(THEIR(PASSENGERS'AND'
RESPONSIBILITY,EXTENDS#ONLY#TO#THOSE#THAT" CREATES'A'PRESUMPTION"OF"NEGLIGENCE"
THE$CARRIER$COULD$FORESEE$OR$AVOID# AGAINST'THEM,'IT'DOES"NOT,"HOWEVER,"MAKE!
THROUGH'THE'EXERCISE!OF#THE#DEGREE#OF# THE$CARRIER$AN$INSURER#OF#THE#ABSOLUTE#
CARE%AND%DILIGENCE%REQUIRED'OF'IT.! SAFETY'OF'ITS'PASSENGERS.!
Gillaco was shot by MRR’s guard because of a Some guy threw a stone at the bus Pilapil was riding
F: F:
personal grudge. and hit his eye.
I: WON MRR can be held liable I: WON the bus is liable
NO. See doctrine. MRR had no means to ascertain or NO. See doctrine. The injuries of Pilapil was in no way
anticipate that the two would meet, nor could it due to any defect in the means of transport or in the
reasonably foresee every personal rancor that might method of transporting or to the negligent or willful
R: exist between each one of its many employees and acts of private respondent's employees, and
any one of the thousands of eventual passengers therefore involving no issue of negligence in its duty.
R:
riding in its trains. The Court considered the guard The injury arose wholly from causes created by
as a passenger during the time of the mishap. strangers over which the carrier had no control or
even knowledge or could not have prevented, the
MARANAN V PEREZ (1967) presumption is rebutted and the carrier is not and
APPLICATION)OF)ART.)1759%(C.F.%GILLACO)! ought not to be held liable.
Cab driver shot his passenger, while the latter was
F:
on board said cab. H. DUTY OF PASSENGER; EFFECT OF
I: WON the cab company may be held liable.
YES. Unlike in Gillaco, the killing of the passenger
CONTRIBUTORY NEGLIGENCE
here took place in the course of duty of the guilty Duty of passenger84:
R:
employee and when the employee was acting within To exercise ordinary diligence to avoid injury to him/herself.
the scope of his duties.
Effect of contributory negligence85:
LRTA V NAVIDAD It does not bar recovery of damages but reduces the
IN#THE#ABSENCE#OF#SATISFACTORY* amount of such.
EXPLANATION*BY*THE*CARRIER%ON%HOW%THE%
Effect of passenger’s negligence as proximate cause of
ACCIDENT(OCCURRED((BETWEEN%ITS%EMPLOYEE'
AND$A$PASSENGER),$THE"PRESUMPTION"WOULD" injury
BE#THAT#IT#HAS#BEEN#AT#FAULT.! Common carrier shall be exonerated from liability.
CANGCO V MRR
G. RESPONSIBILITY FOR ACTS OF NO#CONTRIBUTORY#NEGLIGENCE,'AS'THIS'WAS'
STRANGERS AND CO-PASSENGERS NORMAL'PRACTICE.'THOUSANDS&OF&PERSON&
ALIGHT'FROM'TRAINS'UNDER%THESE%CONDITIONS"
EVERY%DAY%OF%THE%YEAR,#AND#SUSTAIN#NO#
G.R.: A common carrier is not liable for injuries inflicted by INJURY'WHERE'THE'COMPANY%HAS%KEPT#ITS#
strangers and co-passengers83. PLATFORM)FREE)FROM)DANGEROUS)
OBSTRUCTIONS.!
E: Carrier’s employees could have prevented or stopped
such acts/omissions with the exercise of ordinary
diligence. ISAAC V A.L.AMNEN
WHILE&CONTRIBUTORY&NEGLIGENCE'DOES'NOT'
Note:
AUTOMATICALLY*EXCULPATE,%IT%MITIGATES%THE"
“Death” is included in the term “injuries” LIABILITY'OF'THE'COMMON$CARRIER!
84
Art. 1761
83 85
Art. 1759 Art. 1762
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 31 56
DIFFERENCE BETWEEN CARRIAGE OF GOODS AND be recovered if:
PASSENGERS a. Reasonable and just
GOODS PASSENGERS under the
circumstances; and
PRESUMPTION OF NEGLIGENCE
b. Fairly and freely
In case of loss, damage or In case of injury or death
agreed upon.
deterioration
3. Limitation of liability
LEVEL OF DILIGENE
upon delay due to strikes
Greatest skill and foresight, As far as human care and
or riots
according to all the foresight may provide, with
circumstances of each case the utmost diligence of very
cautious persons, with due
IV. DAMAGES RECOVERABLE FROM
regard to all circumstances. COMMON CARRIERS
DURATION OF RESPONSIBILITY
1. From the time the goods are 1. During ingress A. IN GENERAL
unconditionally placed in the and egress Damages recoverable (MENTAL)
possession of, and received by 2. Even after
1. Actual or compensatory
the carrier86 or its authorized alighting from the
2. Moral damages
agent (ability to exercise control vehicle until the
3. Exemplary damages
and possession)87 for passenger had a
4. Nominal, Temperate, Liquidated damages
transportation; reasonable time
Test: If there is nothing or a reasonable B. ACTUAL OR COMPENSATORY
remainds to be done by the opportunity to
shipper, then carrier has control leave the carrier's How applied?
and possession premises Damages in cases under breach of contract of carriage shall
2. During storage in a warehouse Test: The primary be awarded in accordance with the provisions concerning
of the carrier at the place of factor to be damages. Article 2206 shall also apply to the death of a
destination; until consignee has considered is the passenger caused by the breach of contract by a common
been advised of the arrival of existence of a carrier88.
the goods + reasonable reasonable cause
opportunity to remove or as will justify the What forms part of actual damages?
dispose of them presence of the 1. Proven pecuniary losses89;
3. During temporary unloading or victim on or near a. Loss of earning capacity90
stored in transit; the vessel. b. Loss of support;
4. Until actual or constructive 3. Even during stop- c. Medical and funeral expenses91.
delivery to consignee, a duly overs, until the 2. For breach of contract of carriage:
authorized agent, a person who passenger reaches a. Good faith carrier: Natural and probable
has a right to receive, a the port of consequence of the breach + forseeable or reasonaby
stipulated authority, or the destination. foreseen at the time of constitution of obligation;
shipper with reasonable time to b. Bad faith carrier: All damages reasonable attributed
remove goods. to non-performance of obligation;
VALID STIPULATIONS 3. For quasi-delict (Air France): Natural and probable
consequences of the act;
As to diligence As to diligence
4. P50k for death;
1. Must be in writing; None
2. Must have a separate Formula for lost earning capacity92:
consideration; and 2
3. Must not be against !"#$!!"#!$%&'$(!(!") = ×[80 − !"#!!"!!"#$ℎ]
3
public policy
As to liability As to liability !"#!!"#$%$&!!"#"$%&'!(!"#)
1. Limitation of liability to Parties may stipulate the = !""#$%!!"#$%& − !"#$%&$&
amount in the bill of common carrier’s liability for
lading, unless shipper negligence, but not for !"#$!!"#$%$&!!"#"!$%& = !"!!!!"#
declares a greater value; willful act or gross
2. Fixing of a sum that may negligence.
88
Art. 1764
89
Art. 2199
90
Art. 2206
86 91 CARIAGA V LTBCO
Art. 1736
87 COMPANIA MARITIMA V INSURANCE CO. 92 VILLA-REY V CA
_______________________________________________________________
TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 32 56
Main factors to be considered in awarding lost earning PANAM V IAC
capacity93: Liability for loss, delay, or damage to baggage is
1. The number of years on the basis of which the damages limited as follows unless a higher value is declared
shall be computed; and in advance and additional charges are paid: (1) for
2. The rate at which the losses sustained should be fixed most international travel (including domestic
F:
(average annual income; industry rate, etc.) portions of international journeys) to approximately
$9.07 per pound ($20.00 per kilo) for checked
Rules on documentary evidence for lost earning capacity baggage and $400 per passenger for unchecked
G.R.: Documentary evidence should be presented to baggage.
substantiate the claim for damages.
E: No need to present if deceased is: VILLA-REY V CA (1970)
a. Self-employed, earning less than the minimum THERE%CAN%BE%NO%EXACT/UNIFORM*RULE*FOR*
wage under current labor laws; or MEASURING*THE*VALUE*OF#A#HUMAN#LIFE#AND#
b. Employed as a daily wage worker earning less THE$MEASURE$OF$DAMAGES#CANNOT#BE#ARRIVED!
than the minimum wage under current labor AT#BY#PRECISE#MATHEMATICAL&CALCULATION,&
laws. BUT$THE$AMOUNT"RECOVERABLE"DEPENDS"ON"
c. Testimonial evidence of the decedent’s payroll by THE$PARTICULAR$FACTS!AND$CIRCUMSTANCES$
competent officers of the corporation where the OF#EACH#CASE.#!
decedent was working with no timely objection to Tuhog case. The Villa Rey bus figured in an accident
such testimonies94. F: in Pampanga where one of its paying passengers,
Note: Quintos, sustained injuries and later died.
Only net earnings, not gross earnings, are to be considered
that is, the total of the earnings less expenses necessary in PAL V CA (1990)
the creation of such earnings or income and less living and THE$AWARD$OF#DAMAGES#FOR#DEATH!IS#
other incidental expenses95. COMPUTED)ON)THE)BASIS"OF"THE"LIFE"
96
A/N: NOTE THE DIFFERENCE IN THE RULINGS IN PAL V CA AND VICTORY V
EXPECTANCY)OF)THE)DECEASED,'NOT'OF'HIS'
GAMMAD AS REGARDS THE REQUIREMENT OF DOCUMENTARY PROOF. BENEFICIARY.!
BOTH CASES ONLY HAD TESTIMONIAL EVIDENCE OF THE DECEDENT’S
INCOME BUT ONLY PAL ALLOWED RECOVERY. TO RECONCILED SUCH F: Son died in plane crash. Mom sued for damages.
CONFLICT, I ADDED PAL AS AN ADDITION TO THE EXCEPTIONS TO THE
RULE ON THE REQUIREMENT OF DOCUMENTARY EVIDENCE AS PROOF OF
ACTUAL DAMAGES. VICTORY LINER V GAMMAD (2004)
ACTUAL&DAMAGES&CAN&ALSO$ONLY$BE$AWARDED$
UPON%THE%PRESENTATION"OF"THE"OFFICIAL"
CARIAGA V LTBCO (1960) RECEIPTS(OF(EXPENSES!INCURRED(INCIDENT(TO!
THE$INCOME,$WHICH$CARIAGA%COULD%EARN%IF%HE# THE$DEATH$OF$THE$DECEASED
SHOULD'FINISH'THE'MEDICAL&COURSE&AND&PASS"
THE$CORRESPONDING$BOARD$EXAMINATIONS,$ The respondents’ wife/mother died when a Victory
MUST%BE%DEEMED%TO%BE!WITHIN&THE&SAME& Liner bus bound for Tuguegarao from Manila was
F:
CATEGORY)BECAUSE!THE$PARTIES$COULD$HAVE# running at high speed and fell into a ravine in Nueva
REASONABLY*FORESEEN*THEM%AT%THE%TIME%HE% Vizcaya.
BOARDED'THE'BUS.!
Bus bumped train and caused grave and irreparable C. MORAL DAMAGES
F:
injury to Ed Cariaga, a UST 4th year med student.
WON bus company is liable for compensatory When can moral damages be claimed?
I:
damages. 1. Breach of contract of carriage with bad faith, fraud97, or
YES. The Court ruled that aside from the medical malice98
and other expenses, the bus company should pay 2. Mental anguish by descendants and ascendants of the
R:
compensatory damages as to the possible future deceased by reason of his/her death99
earnings of the victim. 3. Mishap attended by death of the passenger100
93
Id.
94 PAL V CA
95
Id.
96
“The payrolls of the companies and the decedent's income tax returns
could, it is true, have constituted the best evidence of his salaries, but there is
97
no rule disqualifying competent officers of the corporation from testifying on Art. 2220
the compensation of the deceased as an officer of the same corporation, and 98 AIR FRANCE V GILLEGO
99
in any event, no timely objection was made to their testimonies.” Art. 2206 (3)
100 CATHAY PACIFIC V VASQUEZ, CITING CATHAY V CA
_______________________________________________________________
TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 33 56
YES. The court awarded moral damages mostly on
Different definitions of bad faith according to
the basis of the petitioner’s status as a senator of the
jurisprudence: R: Philippines (he was Senate President Pro Tempore)
- A breach of a known duty through some motive of self- and the accompanying expectations of people
interest or ill-will101; occupying such an esteemed position.
- Self-enrichment or fraternal interest, and not personal
ill-will, may well have been the motive; but it is malice
ORTIGAS V LUFTHANSA (1975)
nevertheless102 ;
ANOTHER(EXAMPLE(OF(BAD$FAITH!
- Wanton disregard of rights and dignity as a human
being103; Despite having first class tickets, plaintiff was
- Inattention and lack of care on the part of the carrier F: shoved to economy in order to accommodate a
resulting in the failure of the passenger to be Belgian.
accommodated in the class contracted for104; I: WON there was bad faith
- Inattention to and lack of care for the interest of its YES. The court awarded moral damages because of
passengers who are entitled to its utmost the bad faith of the carrier and exemplary damages
consideration, particularly as to their convenience.105 R: in order to serve as a deterrent against racial
- Overbooking exceeding 10%106; discrimination and indifference over the plight of
airline passengers.
FORES V MIRANDA (1959)
AN#ACCIDENT#DOES#NOT!AUTOMATICALLY* PAL V MIANO (1995)
RESULT'IN'A'BREACH'OF"THE"CONTRACT"IN"BAD" BAD$FAITH$MUST$BE$SUBSTANTIATED)BY)
FAITH! EVIDENCE.((CITING'LBC'V'CA):"BAD"FAITH"UNDER"
THE$LAW$CANNOT$BE$PRESUMED;'IT'MUST'BE'
ESTABLISHED'BY'CLEAR'AND'CONVINCING'
AIR FRANCE V CARRASCOSO (1876) EVIDENCE!!
ALTHOUGH(THE(RELATION"OF"PASSENGER"AND"
CARRIER&IS&“CONTRACTUAL$BOTH$IN$ORIGIN$AND#
NATURE”(NEVERTHELESS!“THE%ACT%THAT% UNITED AIRLINES V CA (2001)
BREAKS'THE'CONTRACT'MAY$ALSO$BE$A$TORT”! ECONOMIC'REGULATIONS!7"STATES"WHEN"
OVERBOOKING*DOES*NOT!EXCEED%10%,"IT"IS"NOT!
Carrascoso bought a “first class” airplane ticket from CONSIDERED)DELIBERATE"AND"DOES"NOT"
Manila to Rome from Air France. However, in his AMOUNT'TO'BAD'FAITH.!
flight from Manila to Bangkok, he was forced to
F:
vacate his seat by the manager of the airline
because a “white man” had a “better right” to the CATHAY PACIFIC V VASQUEZ (2003)
first class seat. MORAL&DAMAGES&PREDICATED)UPON)A)BREACH%
I: WON moral damages are in order OF#CONTRACT#OF#CARRIAGE$MAY$ONLY$BE$
RECOVERABLE)IN)INSTANCES%WHERE%THE%
YES. The acts of petitioner’s employee in forcing
CARRIER&IS&GUILTY&OF!FRAUD&OR&BAD&FAITH&OR"
respondent to vacate constituted the breach of the
WHERE%THE%MISHAP%RESULTED&IN&THE&DEATH&OF!
contract, attended with evident bad faith. Therefore A"PASSENGER.!
R: the contention of petitioner that there was no bad
faith fails: though bad faith was not alleged
expressly, it may be implied from the airline’s AIR FRANCE V GILLEGO (2010)
actions. MORAL&DAMAGES&IN&BREACH$OF$CONTRACT$OF$
CARRIAGE'CASES'MUST'SHOW%THAT%THE%BREACH!
WAS$WANTON$AND$DELIBERATELY'INJURIOUS'OR!
LOPEZ V PANAM (1966)
THAT$THE$ONE$RESPONSIBLE%ACTED%
SEE#DEFINITION#OF#BAD"FAITH"ABOVE!
FRAUDULENTLY+OR+WITH!MALICE'OR'BAD'FAITH.!
Petitioners had to travel in economy as opposed to !
F: first class because Pan Am messed up their (CITING'CHINA'AIRLINES#V#CA):"NOT"EVERY"CASE"OF"
reservations. MENTAL'ANGUISH,'FRIGHT#OR#SERIOUS#ANXIETY"
I: WON there was bad faith CALLS#FOR#THE#AWARD#OF#MORAL&DAMAGES.!
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 34 56
D. EXEMPLARY DAMAGES Note:
Nominal and temperate damages cannot be awarded with
When can exemplary damages be awarded? actual damages.
1. By way of example or correction for the public good, in
addition to actual, moral, temperate, or liquidated
ALITALIA V IAC (1990)
damages107; THE$PHRASE$"FOR$SUCH!OTHER&AND&FURTHER&
2. In breach of contract of carriage, if carrier or agent acted JUST%AND%EQUITABLE%RELIEF%IN%THE%PREMISES,"$
in a wanton, fraudulent, reckless, oppressive or IS#BROAD&ENOUGH&TO&COVER"APPLICATION"FOR"
malevolent manner108. NOMINAL'DAMAGES.!
112 SALUDO V CA
113
Art. 2224
114
Art. 2226
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 35 56
SUMMARY OF DAMAGES:
WHEN ALLOWED
CODE OF COMMERCE
ACTUAL PROVISIONS ON OVERLAND
1. Proven pecuniary losses115;
a. Loss of earning capacity116;
TRANSPORTATION
b. Loss of support;
c. Medical and funeral expenses117 .
2. For breach of contract of carriage:
I. SCOPE OF OVERLAND
a. Good faith carrier: Natural and probable TRANSPORTATION
consequence of the breach + forseeable or reasonaby
Elements:127
foreseen at the time of constitution of obligation;
b. Bad faith carrier: All damages reasonable attributed 1. Object: Mercandise or any article of commerce; &
to non-performance of obligation; 2. The carrier is a merchant or is habitually engaged in
3. For quasi-delict: Natural and probable consequences of the act;
transportation for the public.
4. P50k for fact of death;
MORAL II. NATURE OF CONTRACT
1. Breach of contract of carriage with bad faith, fraud118, or
malice119 Class notes:
2. Mental anguish by descendants and ascendants of the Contracts within this scope: Commercial contracts
deceased by reason of his/her death120 Other contracts: Civil contracts
3. Death by the passenger121
EXEMPLARY
1. By way of example or correction for the public good, in III. EFFECT OF CIVIL CODE
addition to actual, moral, temperate, or liquidated Class notes:
damages122;
The Civil Code did not expressly repeal the Code of
2. In breach of contract of carriage, if carrier or agent acted
Commerce provisions on overland transportation.
in a wanton, fraudulent, reckless, oppressive or
malevolent manner Code of Commerce provisions are merely suppletory.
NOMINAL - E.g. Bill of lading is still under the Code of Commerce.
1. For the vindication or recognition of a violated or
invaded right123; IV. CONTRACT OF CARRIAGE
2. In every obligation arising from any source enumerated
in Article 1157, or in every case where any property right Class notes:
has been invaded124; In the Civil Code, there is no more distinction between
3. Where some injury has been done but the amount of commercial and civil but private or common carriers.
which the evidence fails to show actual, substantial or
specific damages125, the assessment of damages being
left to the discretion of the court according to the A. BILL OF LADING
circumstances of the case126. 1. DEFINITION, SUBJECT MATTER
TEMPERATE
More than nominal but less than actual damages, awarded What is a bill of lading?
when the court finds that some pecuniary loss has been It may be defined as a written acknowledgment of the
suffered but amount cannot be provided with certainty. receipt of goods and an agreement to transport and to
LIQUIDATED deliver them at a specified place to a person named or on
When agreed upon by the parties. his order. It comprehends all methods of transportation.
130
Art. 353 (Code of Commerce)
131
Art. 356 (Code of Commerce)
129 132
Art. 351 (Code of Commerce) Art. 357 (Code of Commerce)
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 37 56
- Upon receipt (upon general inspection)
V. RESPONSIBILITY OF THE Failure to file a claim within 24 hours bars the filing of the
CARRIER suit.
A. WHEN IT COMMENCES Rationale: Fresh memory of employees; to maintain the
condition of the goods.
From the moment he/she receives the merchandise
personally or through an agent133.
2. AMOUNT OF DAMAGES FOR LOSS
B. ROUTE Similar to the rules in the Civil Code regarding stipulated
G.R.: Carrier must follow the route stipulated (or else shall damages.
be liable for losses + payment of damages)134
E: Force majeure requires the change in route 3. AMOUNT OF DAMAGES FOR DELAY
135
Art. 336 (Code of Commerce)
136
Art. 365 (Code of Commerce)
133 137
Art. 355 (Code of Commerce) Art. 371 (Code of Commerce)
134 138
Art. 359 (Code of Commerce) Art. 360 (Code of Commerce)
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 38 56
E. OBLIGATION TO RETURN BILL OF ADMIRALTY AND MARITIME
LADING
After the contract of transportation has been complied with,
COMMERCE
the B/L shall be returned to the issuing CC in exchange for I. CONCEPT OF ADMIRALTY;
the goods transported which are delivered to the shipper or
consignee. JURISDICTION OVER ADMIRALTY
Effect: The respective obligations and actions of the parties CASES
against each other shall be considered canceled. Jurisdiction140
RTCs and MeTC (300k/400k) have jurisdiction over
admiralty and maritime cases
VII. APPLICABILITY OF PROVISIONS
Also applicable to contractors or agents contracted to act
for the owner, shipper or consignee139. INTERNATIONAL HARVESTER V ARAGON (1949)
ADMIRALTY)HAS)JURISDICTION&OVER&ALL&
MARITIME'CONTRACTS'IN"WHATEVER"FORM,"OR"
TYPE%OF%PERFORMANCE,!OR#PLACE#OF#
EXECUTION.!
THE$DETERMINATION$WHETHER%OR%NOT%A%
CONTRACT'IS'MARITIME!DEPENDS&ON&THE&
SUBJECT(MATTER(OF(THE"CONTRACT"(I.E."
NATURE'AND'CHARACTER!OF#THE#CONTRACT)#
WHICH%IS%THE%TRUE%CRITERION'OF'A'MARITIME"
SERVICE'OR'A'MARITIME"TRANSACTION.!
Petitioner filed a case against the ship agent for the
F:
payment of the amount of lost cargo in the MTC.
I: WON MTC had jurisdiction
NO. Since the basis of the liability of the petitioner is
the contract of carriage by sea as evidenced by the
Bill of Lading, admiralty has jurisdiction over this
R: case. And as stated in Par. 4 Sec. 56 Act. 136 of the
Philippine Commission and Sec. 44 (d) of RA 296, it
is with the CFI that cases of admiralty shall be
settled.
II. VESSELS
A. MEANING
What is a “vessel”?
For Code of Commerce: Those engaged in maritime
commerce or commerce by sea, whether in foreign or
coastwise trade. (we use this definition)
For registration under Admin Code: Every sort of boat,
craft, or other artificial contrivance used, or capable of being
used, as a means of transportation on water.
The following are examples of vessels:
- Merchant ships
- Launches
- Lorchas
- Those engaged in transport of passengers and freight
139 140
Art. 379 (Code of Commerce) Section 19, 33 of BP 129
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 39 56
The following are not vessels: PARTIES.)BUT)AS)AGAINST$CREDITORS$OF$THE!
- Mere accessory by nature to another vessel MORTGAGOR,(AN(UNRECORDED$MORTGAGE$IS$
- For pleasure only (e.g. yacht) INVALID.!
- Warships, patrol vessels, pontoons, health service, The lorchas were mortgaged by Ponzo to Pauco and
harbor police vessels, floating storehouses, coast guard then by Pauco to PNB but was only registered with
vesels, fishing vessels, towboats. the customs on 1929. On 1928, a suit filed by Yu
F:
- Those of minor nature and not engaged in maritime against Pauco attached the lorchas and recorded
commerce with the customs. They are now asserting their rights
over the lorchas.
LOPEZ V DURUELO (1928) I: WON PNB has superior right over Yu
ART.%835%CODE%OF%COMMERCE%ONLY%APPLIES%TO" YES. See doctrine. This is to protect persons who
MERCHANT)VESSELS$OR$VESSELS$ENGAGED#IN# deal with a vessel on the strength of the record title.
MARITIME'COMMERCE'AND"NOT"TO"SMALL" However, the attendant circumstances of this case
BOATS&ENGAGED&IN&RIVER#AND#BAY#TRAFFIC.# rendered the mortgagee’s title superior to the
OTHER&VESSELS&OF&A&MINOR%NATURE%ARE% judgment creditor’s title, even if the latter’s
GOVERNED(BY(THE(CIVIL"CODE"OR"OTHER" execution on the property subject of the mortgage
PERTINENT'SPECIAL'LAWS.! was registered with customs at an earlier date,
R:
In a case for damages against owner/operator of a because the reason for the delay in recording the
motor boat, defendant filed a demurrer on the mortgage with customs was beyond the control of
ground that the complaint did not state that plaintiff the mortgagee; thus, his registration of the
F: mortgage with the register of deeds, recorded way
observed the condition precedent required under the
Code of Commerce in cases of collision (file a protest earlier than the execution’s recording with customs,
within 24 hours from accident). gave him superior title to that of the judgment
WON the Code of Commerce is applicable to small creditor.
I:
boats
NO. The court held that the CoC is not applicable in RUBISO V RIVERA (1917)
R: the case at bar because what is involved here is a THE$REQUISITE$OF$REGISTRATION(IN(THE(
boat not within the purview of said provision. REGISTRY,!OF#THE#PURCHASE#OF#A!VESSEL,&IS&
NECESSARY(AND(INDISPENSABLE'IN'ORDER'THAT"
THE$PURCHASER'S$RIGHTS#MAY#BE#MAINTAINED!
B. NATURE AND ACQUISITION OF AGAINST'A'CLAIM'FILED"BY"A"THIRD"PERSON!
Jan. 4 - Sy sold boat to Rivera;
May be acquired through:
Jan. 23 - case filed by Rubiso against Sy and boat
- Intellectual creation; was levied upon and bought by Rubiso in public
- Donation; sale;
- Succession; F:
Jan. 27 - certificate of sale issued to Rubiso and
- Consequence of certain contracts, by tradition; recorded in the office of the Collector of Customs;
- Prescription Mar. 14 – Rubiso’s sale registered;
C. REGISTRATION; CERTIFICATES ISSUED; Mar. 17 - Rivera sale registered.
I: WON Rubiso has better right over the boat.
DISTINCTIONS
R: YES. See doctrine
Where registered?
With the MARINA141
Registration v. CPC III. PERSONS PARTICIPATING IN
Former is for ownership purposes, CPC is for regulation. MARITIME COMMERCE
D. SIGNIFICANCE OF REGISTRATION OF A. SHIPOWNERS AND SHIP AGENTS
TRANSACTIONS AFFECTING VESSELS Ship agents: A ship agent is the person entrusted with
provisioning/representing the vessel in the port in which it
may be found.
ARROYO V YU (1930)
MORTGAGES)ON)VESSELS,"ALTHOUGH"NOT" Co-ownership of vessels
RECORDED,'ARE'GOOD'AS"BETWEEN"THE" If 2 or more persons should be part owners of a merchant
Bessel, a partnership shall be presumed.
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 41 56
DAMAGES'OCCASIONED'TO"SUCH"CARGO," TORTIOUS'NEGLIGENCE!
WITHOUT'PREJUDICE,'HOWEVER,'TO'HIS'RIGHTS"
The owner was asserting that he should be excused
AGAINST'THE'OWNER'OF!THE$SHIP,$TO$THE$
EXTENT%OF%THE%VALUE%OF#THE#VESSEL,#ITS#
F: from liability because he exercised diligence in the
EQUIPMENT)AND)THE)FREIGHT.! selection and supervision of the employees.
I: WON he can be excused from liability
NDC owned the ship (MCP as agent through a MOA) NO. To admit the defense of due diligence of a
that collided with a japanese ship en route to bonus pater familias in the selection and vigilance of
F:
Manila. DISC (insurer) is now claiming damages the officers and crew as an exemption would render
against both NDC and MCP. nugatory the solidary liability established by Art 827.
I: WON MCP, as an agent, is solidarily liable with NDC Shipowners would be able to escape liability in
YES. First, the court held that the term “agent” is practically every case, since the qualifications and
broad enough to include the concept of Ship-Agent R:
licensing of ship masters and officers are
in Maritime Law. MCP was even conferred all the determined by the State. To compel the parties to
powers of the owner of the vessel, including the look to the crew for indemnity and redress would be
R: power to contract in the name of NDC. Then they an illusory remedy, for almost always the members
extracted the doctrine out of jurisprudence and the of the crew are mere wage earners. The only
Code of Commerce (that didn’t expressly declare the limitation is abandonment of vessel (See doctrine).
liability of agents for loss/destruction of goods due
to collision).
YANGCO V LASERNA (1941)
ABANDONMENT)APPLIES'TO'ALL'CASES!WHEREIN'
2. THE DOCTRINE OF LIMITED LIABILITY A"SHIPOWNER"OR"AGENT!MAY$BE$HELD$LIABLE$
Concept: Also known as the real and hypothecary nature of FOR$DAMAGES$AS$A$RESULT$OF$THE$NEGLIGENCE"
the liability of the shipowner and agent. OR#ILLICIT#BEHAVIOR#OF#THE#CAPTAIN!
!
General rule142: THE$DOCTRINE$OF$LIMITED$LIABILITY$EXISTS!
The liability of the shipowner and ship agent is limited to FOR$MARINE$COMMON$CARRIERS%BECAUSE%OF%
the amount of interest in the said vessel REAL%AND%HYPOTHECARY!NATURE'OF!MARITIME'
This includes the following: COMMERCE.!
1. Value of the vessel itself; A ship, which was allowed by the captain to be
2. Equipments; overbooked, sank. The shipowner then asked the
F:
3. Freightage; court to allow it to abandon the vessel and all his
4. Insurance proceeds. interest therein.
I: WON the shipowner may abandon the vessel
Exceptions to the DLL YES. See doctrine. The purpose of the principle of
1. Claims under the Workmen’s Compensation Act143; limited liability is to encourage people to invest in
2. Injury or damage due to shipowner or the concurring shipbuilding and maritime commerce despite the
negligence of the shipowner and the captain144; highly precarious nature of each transaction.
3. The vessel is insured145; Another reason for its existence is that it protects the
4. Expenses for repair on vessel completed before loss146; shipowner or agent from being ruined by the
5. In case there is no total loss and the vessel is not R:
negligence or illicit acts of the ship’s captain. The
abandoned147; limited liability of shipowners and agents is in sharp
6. Collision between 2 negligent vessels. contrast to the general principles of civil law wherein
the owner is responsible to the whole extent of the
MANILA STEAMSHIP V ABDULHAMAN damage caused and not just to his interest in the
THE$DIRECT$LIABILITY!OF#SHIPOWNERS/AGENTS! vessel or transaction.
IS#MODERATED#AND#LIMITED%BY%THE%OWNER’S"
RIGHT&OF&ABANDONMENT!OF#THE#VESSEL#AND# ABUEG V SAN DIEGO (1946)
EARNED&FREIGHT&(ARTICLE$587)$AND$HAS$BEEN" IF#AN#ACCIDENT#IS#COMPENSABLE)UNDER)THE)
DECLARED'TO'EXIST'NOT"ONLY"IN"CASE"OF" WORKMEN'S*COMPENSATION#ACT,#IT#MUST#BE#
BREACHED(CONTRACTS,(BUT$ALSO$IN$CASES$OF! COMPENSATED+EVEN+WHEN"THE"WORKMAN'S"
RIGHT&IS&NOT&RECOGNIZED$BY$OR$IS$IN$
CONFLICT(WITH(OTHER(PROVISIONS(OF(THE(
CIVIL%CODE%OR%THE%CODE#OF#COMMERCE#(E.G.!
CONCEPT'OF'ABANDONDENT).!
142 YANGCO V LASERNA
!
143 ABUEG V SAN DIEGO EVEN$IF$THE$SHIPS$WERE#NOT#ENGAGED#IN#
144 ABOITIZ V GAFLAC INTERISLAND*TRADE,*THE#WORKMEN'S#
145 CHUA YEK HONG V IAC COMPENSATION+ACT+WILL"STILL"APPLY!
146 GOVERNMENT V INSULAR MARITIME
147 YANGCO V LASERNA F: Two vessels, the M/V San Diego and the M/S/
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 42 56
Bartolome sank during a typhoon while they were 1. QUALIFICATIONS AND LICENSING
engaged in fishing operations. Some of the crew Under the PCG; Must be:
members died, so their relatives filed for 1. Filipino;
compensation for the employers. 2. With legal capacity to contract;
WON the ship owners may escape liability by 3. With skill, capacity, and qualifications necessary to
I:
abandoning the vessel. command a vessel; and
NO. It is not the liability for the damage or loss of 4. Must not be disqualified to discharge such duties.
the cargo or injury to, or death of, a passenger by or
through the misconduct of the captain or master of
the ship; nor the liability for the loss of the ship as 2. POWERS AND DUTIES
result of collision; nor the responsibility for wages of
3 distinct roles of a master/captain148:
the crew, but a liability created by a statute to
1. General agent of the shipowner;
compensate employees and laborers in cases of
R: 2. Commander and technical director of the vessel;
injury received by or inflicted upon them, while
3. Representative of the country under whose flag he
engaged in the performance of their work or
navigates.
employment, or the heirs and dependents and
laborers and employees in the event of death caused
by their employment. Such compensation has INTER ORIENT V NLRC (1994)
nothing to do with the provisions of the Code of TO#THE#CAPTAIN#IS#COMMITTED&THE&
Commerce regarding maritime commerce. GOVERNANCE,*CARE,*AND"MANAGEMENT"OF"THE"
VESSEL.!
!
ABOITIZ SHIPPING V GENERAL ACCIDENT FIRE AND OF#THESE#ROLES,#IT#IS"AS"THE"COMMANDER"OF"
LIFE ASSURANCE CORP (1993) THE$VESSEL$THAT$IS$THE$MOST$IMPORTANT$
THE$LIMITED$LIABILITY"RULE%DOES%NOT%APPLY% (ANALOGOUS)TO)A)CEO)."SUCH"ROLE"HAS"TO"DO"
WHEN%THERE%IS%AN%ACTUAL$FINDING$OF$ WITH%THE%OPERATION%AND#PRESERVATION#OF#
NEGLIGENCE'ON'THE'PART#OF#THE#VESSEL# THE$VESSEL$DURING$VOYAGE,&AS&WELL&AS&THE!
OWNER&OR&AGENT.! SAFETY'OF'THE'PASSENGERS%AND%CARGO.!
Aboitiz owned and operated the ill-fated "M/V P. Capt. Tayong assumed command of a vessel set for
ABOITIZ," a common carrier which sank on a voyage South Africa. The ship he was in command of was
F:
from Hongkong to the Philippines. They are invoking old, and had leaks. On a stopover in Singapore, he
the limited liability rule. elected to wait for the supplies in order to plug the
WON the Limited Liability Rule arising out of the F:
leaks. As a result, he got to South Africa behind
I: real and hypothecary nature of maritime law is schedule, and he was repatriated by his employer
applicable. and dismissed. He filed an illegal dismissal
YES. Court held that the cause of the sinking of the complaint.
vessel was because of unseaworthiness due to the I: WON he was illegally dismissed.
R: failure of the crew and the master to exercise YES. See doctrine. Captain Tayong was NOT guilty of
extraordinary diligence, not the shipowner’s arbitrary, capricious or grossly insubordinate
negligence. behavior. He did not perform acts inimical to
petitioners’ interest, and thus his dismissal was
3. SPECIFIC RIGHTS AND PREROGATIVES R: unwarranted. A ship captain must be accorded a
reasonable measure of discretionary authority to
Under the Code of Commerce: decide what the safety of the ship and of its crew
1. Right to repurchase and redeem the vessel by a co- requires on a particular voyage, being in command
owner in case of sales made to strangers (within 90 days of the vessel.
from inscription of sale)
2. Owners have preference for the charter of the vessel. 3. PROHIBITED ACTS AND TRANSACTIONS
3. Right of co-owners to elect the manager who will
represent them as ship agent. Prohibited under the Code of Commerce:
4. Right of ship agent to discharge of duties of captain. 1. Must not enter into separate transactions for his
5. Right to demand profit from ship agent. account;
2. Must not fail to perform a voyage after making an
agreement;
B. CAPTAINS AND MASTER 3. To not be substituted by another person;
Captain: Governs vessels navigating the high seas or ships
of large dimensions and importance
Master: Commands smaller ships
148 INTER ORIENT V NLRC
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 43 56
4. Must not contract loans on respondentia secured by the Gross or General
cargo; and Definition
5. Not borrow money on the hull, engine, rigging or tackle Includes all the damages and expenses that are deliberately
of the vessel. caused in order to save the vessel, its cargo, or both at the
same time, from a real and known risk152. Being for the
common benefit, these are borne by the owners of the
C. OTHER OFFICERS AND CREW articles saved153.
1. CONTRACTS AND FORMALITIES
2. DUTIES AND LIABILITIES Essential requisites154:
3. RIGHTS 1. There must be a common danger.
a. This means that both the ship and the cargo are
subject to the same danger, whether during the
D. SUPERCARGOES voyage or the port for loading/unloading.
Supercargo: Representative of the shipper/consignee on b. This danger must arise from accidents of the sea,
board. dispositions of the authority, or faults of men,
provided that the circumstances producing the peril
Sailing mate: Second chief of the vessel; takes care in
should be certain and imminent or may rationally
place of the captain.
be said to be certain and imminent.
c. This means that expenses incurred against a
distant peril are not included.
IV. ACCIDENTS AND DAMAGES IN 2. Part of the vessel or of the cargo are sacrificed
MARITIME COMMERCES deliberately for their common safety.
3. Expenses or damages caused follows the successful
A. AVERAGES saving of the vessel and cargo.
1. NATURE AND KINDS 4. Expenses or damages should have been incurred after
taking proper legal steps and authority.
What constitutes an average?
1. Expenses, which must be:
a. Extraordinary/accidental MAGSAYSAY V AGAN (1955)
b. Incurred during the voyage 4"REQUISITES"TO"HOLD!EXPENSES&TO&BE&A&
c. Incurred in order to preserve the vessel, the cargo, or GENERAL'AVERAGE'(SEE!ABOVE)'!
both Ship ran aground/got stuck in the mouth of the
2. Damages or deteriorations, which must: Cagayan River. Carrier incurred expenses to have the
F:
a. Have been suffered from the time the vessel puts to vessel refloated. It then requested the shippers to
sea from the port of departure until it casts anchor in pay their contribution to the general average.
the port of destination, or I: WON the expenses are considered general average
b. Have been suffered by the merchandise from the NO. See doctrine. The evidence does not disclose
time they are loaded in the port of shipment until that the expenses were incurred to save vessel and
they are unloaded in the port of their consignment cargo from a common danger. The vessel ran
R: aground in fine weather and in a shallow portion of
Simple or Particular the river. This shows that there was no imminent
Definition danger. At the very least, there was a distant peril
Includes all expenses and damages caused to the vessel or which did not need immediate action.
cargo that have not inured to the common benefit of the
persons interested in the cargo149. These averages are borne Effects
by the owner of the property that gave rise to the
All persons having interest in the vessel and cargo shall
expenses150.
contribute155.
The insurers and lenders on bottomry and respondentia
Effects shall likewise contribute.156
Owner of the goods that gave rise to the expense shall bear
the average151.
152
Art. 811 (Code of Commerce)
153
Art. 812 (Code of Commerce)
149 154 MAGSAYSAY V AGAN CITING TOLENTINO’S COMMENTARIES
Art. 809 (Code of Commerce)
150 155
Art. 810 (Code of Commerce) Art. 812 (Code of Commerce)
151 156
Art. 810 (Code of Commerce) Art. 859 and 732 (Code of Commerce)
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 44 56
Jettison Rules:
Casting overboard of cargo. 1. Those on deck (those interfering with the navigation;
heaviest with least value)
2. Those on hold (greatest weight and smallest value)
Jason clauses
The right to contribution in the general average shall not be
affected though the event that gave rise to the sacrifice or
expenditure may have been due to the fault of one of the
parties.
157
Article 819 (Code of Commerce)
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 45 56
usage and customs, or if they should have been - If the unloading should take place for both reasons, the
rendered useless or lost through bad stowage or expenses shall be divided proportionately between the
negligence in their care. value of the vessel and that of the cargo.
2. If the risk of enemies, privateers, or pirates should not
have been well known, manifest, and based on positive 4. RESPONSIBILITY OF CAPTAIN
and provable facts.
3. If the defect of the vessel should have arisen from the General responsibilities
fact that it was not repaired, rigged, equipped, and Custody and preservation of the cargo which has been
prepared in a manner suitable for the voyage, or from unloaded, except in cases of force majeure.
some erroneous order of the captain. - If the entire cargo or part thereof should appear to be
4. When malice, negligence, want of foresight, or lack of damaged, or there should be imminent danger of its
skill on the part of the captain exists in the act causing being damaged, the captain may request the
the damage. competent judge/court/consul the sale of all or of part
of the former
2. FORMALITIES o The judge/court/consul shall authorize it, after an
examination and declaration of experts,
Role of the captain during arrivals under stress advertisements, and other formalities required by the
- The captain shall assemble the officers and shall case, and an entry in the book, in accordance with the
summon the persons interested in the cargo who may provisions of Article 624.
be present, and who may attend the meeting without To justify the legality of his conduct, under the penalty of
the right to vote; answering to the shipper for the price the merchandise
- If, after examining the circumstances of the case, the would have brought if they had arrived in good condition at
reason should be considered well-founded, the arrival the port of destination.
at the nearest and most convenient port shall be
agreed upon, drafting and entering the proper minutes, Special responsibilities
which shall be signed by all, in the log book. The captain shall be responsible for the damages caused by
- The captain shall have the deciding vote, and the his delay, if after the cause of the arrival under stress has
persons interested in the cargo, may make the ceased, he should not continue the voyage.
objections and protests they may deem proper, which - If the cause of arrival should have been the fear of
shall be entered in the minutes in order that they may enemies, privateers, or pirates, a deliberation and
make use thereof in the manner they may consider resolution in a meeting of the officers of the vessel and
advisable. persons interested in the cargo who may be present, in
accordance with the provisions contained in Article 819,
Rules on repairs of vessel shall precede the departure
If it should be necessary to unload cargo to effect repairs,
the captain must:
- Request authorization from the competent judge or C. COLLISIONS
court (Philippine consul for foreign ports) for the Collision: The impact of 2 moving vessels
removal; and Allision: The striking of a moving vessel against one that
- Carry it out with the knowledge of the person interested is stationary, or a vessel and other floating,
in the cargo, or his representative, should there be any. though non-navigable objects
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 47 56
Rules on losses and detoriartion Customs or by the Judge of the Court of First Instance of the
G.R: In shipwreck, each owner (vessel/cargo) shall bear province in which the things saved may be found.
his own losses, such as those arising from force
Role of Collecter of Customs/Prov. Treasurer/Mayor
majeure
To order:
E: Captain shall be liable to the ship agent/shippers in
case the wreck or stranding is due to the (1) malice, a. That the things saved be safeguard and inventoried.
negligence, or slack of skill of the captain, or (2) b. The sale at public auction of the things saved which
because the vessel put to sea was insufficiently may be in danger of immediate loss or of those
repaired and equipped. whose conservation is evidently prejudicial to the
interests of the owner, when no objection is made to
Rules on payment of expenses of salvage such sale.
Goods saved from the wreck shall be specially bound for the c. The advertisement within the thirty days subsequent
payment of the expenses of the respective salvage to the salvage, in one of the local newspapers or in
- The amount thereof must be paid by the owners of the the nearest newspaper published, of all the details of
former before they are delivered to them, the disaster, with a statement of the mark and
- Such payment has preference over any other obligation number of the effects requesting all interested
if the merchandise should be sold. persons to make their claims.
Upon claiming by the owners, such authorities shall order
Rules on salvaging during convoys their delivery to such owner or his representative, provided
- If any of them should be wrecked, the cargo saved shall that there is no controversy over their value, and a bond is
be distributed among the rest in proportion to the given by the owner or his representative to secure the
amount which each one is able to take. payment of the expenses and the proper reward. Otherwise,
- If any captain should refuse, without sufficient cause, to the delivery shall nor be made until the matter is decided by
receive what may correspond to him, the captain of the the CFI of the province.
wrecked vessel shall enter a protest against him, before If no claim is presented in the 3 months subsequent to the
two sea officials, of the losses and damages resulting publication of the advertisement prescribed in sub-section
therefrom, ratifying the protest within twenty-four (c) of Section 5, the things save shall be sold at public
hours after arrival at the first port, and including it in auction, and their proceeds, after deducting the expenses
the proceedings he must institute in accordance with and the proper reward shall be deposited in the insular
the provisions contained in Article 612. treasury. If 3 years shall pass without anyone claiming it, ½
- If it is not possible to transfer to the other vessels the of the deposit shall be adjudged to him who saved the
entire cargo of the vessel wrecked, the goods of the things, and the other half to the insular government.
highest value and smallest volume shall be saved first,
the designation thereof to be made by the captain with Who has no right to a reward
the concurrence of the officers of his vessel a. The crew of the vessel shipwrecked or which was is
danger of shipwreck;
1. SALVAGE LAW
b. He who shall have commenced the salvage in spite of
opposition of the captain or his representative; and
Rules on salvaging cargo c. He who shall have failed to comply with the provisions of
Beyond control of crew/captain Section three.
- Any person saving such cargo or assisting in saving a Agreements as to value of salvage
vessel shall be rewarded. - If, during the danger, an agreement is entered into
Within control of crew/captain concerning the amount of the reward for salvage or
- No person without the consent of the captain shall take assistance, its validity may be impugned because it is
from the sea any cargo. excessive, and it may be required to be reduced to an
amount proportionate to the circumstances.
Responsibility of salvagers - In a case coming under the last preceding section, as
To convey and deliver such vessel or merchandise, as soon well as in the absence of an agreement, the reward for
as possible, to the Collector of Customs, if the port has a salvage or assistance shall be fixed by the Court of First
collector, and otherwise to the provincial treasurer or Instance of the province where the things salvaged are
municipal mayor. found, taking into account principally the expenditures
Right of owner of the salvaged cargo made to recover or save the vessel or the cargo or both,
The right to the delivery of the vessel or things saved shall the zeal demonstrated, the time employed, the services
accrue only upon payment/giving of a bond to secure the rendered, the excessive express occasioned the number
expenses and the proper reward. of persons who aided, the danger to which they and
their vessels were exposed as well as that which
The amount and sufficiency of the bond, in the absence of
menaced the things recovered or salvaged, and the
agreement, shall be determined by the Collector of
value of such things after deducting the expenses.
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 48 56
Other rules
R: YES. See doctrine.
- From the proceeds of the sale of the things saved shall
be deducted, first, the expenses of their custody,
conservation, advertisement, and auction, as well as
ERLANGER & GALINGER V SWEDISH EAST ASIATIC
whatever taxes or duties they should pay for their
(1916)
entrance; then there shall be deducted the expenses of
THE$QUESTION$WHETHER!OR#NOT#A#PARTICULAR#
salvage; and from the net amount remaining shall be SHIP%AND%ITS%CARGO%IS"A"FIT"OBJECT"OF"
taken the reward for the salvage or assistance which SALVAGE'DEPENDS'UPON%ITS%CONDITION%AT"THE"
shall not exceed fifty per cent of such amount TIME%THE%SALVAGE%SERVICES&ARE&PERFORMED.!
remaining. !
- If in the salvage or in the rendering of assistance COMPENSATION+AS+IS+NOT#VIEWED#BY#THE#
different persons shall have intervened the reward shall COURTS'MERELY'AS'PAY!ON#THE#PRINCIPLE#OF#
be divided between them in proportion to the services QUANTUM'MERUIT!OR#AS#A#REMUNERATION!PRO$
which each one may have rendered, and, in case of OPERA&ET&LABORE,"BUT"AS"A"REWARD"GIVEN$
doubt, in equal parts. Those who, in order to save FOR$PERILOUS$SERVICES,#VOLUNTARILY$
persons, shall have been exposed to the same dangers RENDERED,&AND&AS&AN&INDUCEMENT)TO)
shall also have a right to participation in the reward. MARINERS(TO(EMBARK(IN"SUCH"DANGEROUS"
ENTERPRISES(TO(SAVE(LIFE%AND%PROPERTY.!
- If a vessel or its cargo shall have been assisted or saved,
entirely or partially, by another vessel, the reward for
WHILE&THE&AWARD&SHOULD#BE#LIBERAL#ENOUGH!
salvage or for assistance shall be divided between the
TO#COVER#THE#EXPENSES"AND"GIVE"AN"EXTRA"
owner, the captain, and the remainder of the crew of AMOUNT'AS'A'REWARD'FOR#SERVICES#
the latter vessel, so as to give the owner a half, the RENDERED,&THE&EXPENSES#USED#IS#NOT#A#BASIS#
captain a fourth, and all the remainder of the crew the FOR$THE$REWARD.!
other fourth of the reward, in proportion to their
respective salaries, in the absence of an agreement to Ship was abandoned in the middle of the sea. E&G
the contrary. The express of salvage, as well as the F: went to the rescue. Upon salvaging the ship and
reward for salvage or assistance, shall be a charge on goods, E&G and the owner agreed on the valuation.
the things salvaged on their value. I: WON remuneration was proper
YES. Court held that there was indeed
Elements for a valid salvage claim162: abandonment on the part of Nippon crewmembers,
1. There was a marine peril; which served as the basis that the Salvage Law
2. The service voluntarily rendered when not required as an applies. The Court also had to take into account the
existing duty or from a special contract; and R: meritorious service of E&G, along with equity and
3. Success, in whole or in part, or that the service rendered justice in placing a value on how much they can
contributed to such success. recover since jurisprudence allows for the flexibility
on how much can be recovered after a successful
Elements of a derelict vessel163: salvage.
1. Abandonment of the vessel by its captain and crew; and
2. Lack of intention to return.
ATLANTIC GULF V UCHIDA KISEN KAISHA (1921)
ACT$NO.$2616$IS$VALID"UNTIL"EXPRESSLY"
G. URRUTIA V PASIG STEAMER AND LIGHTER (1912) DISAPPROVED*BY*CONGRESS!
STRICT&JUSTICE&DEMANDS#THAT#WHOEVER#DOES!
Defendant’s ship sank, they asked Plaintiff to
SALVAGE'SERVICE'SHOULD#RECEIVE#ADEQUATE#
REMUNERATION*DUE*TO*THE$FF:$(1)$ACT$OF$
salvage their ship. Due to disagreements on how
F:
SALVAGE'PERFORMED'IN!BEHALF'OF'THE' much should be paid to Plaintiff as salvage price,
SHIPOWNER'AND'THE'CREW,!(2)$THE$DANGER$ Plaintiff went to the CFI.
RUN$BY$THE$VESSEL$WHICH$MADE$THE$SALVAGE," I: WON Plaintiff should be given a higher amount
AND$(3)$TO$SERVE$AS$AN#INCENTIVE#TO#RENDER# YES. Section 10 of Act No. 2616 prescribes the rule
PROMPT&AND&EFFICIENT!AID.! for determining the reward for salvage as follows:
While a storm was raging, a merchant vessel helped In a case coming under the last preceding section as
a distressed steamship. Merchant vessel then asked well as in the absence of an agreement, the reward
F: for salvage or assistance shall be fixed by the Court
for remuneration, which the steamship refused to
pay. of First Instance of the province where the things
I: WON remuneration was proper. R: salvage are found, taking into account principally
the expenditures made to recover or save the vessel
or the cargo or both, the zeal demonstrated, the
time employed, the services rendered, the excessive
expenses occasioned, the number of persons who
162 aided, the danger to which they and their vessels
Id. citing The Mayflower v The Sabine
163 BARRIOS V GO THONG
were exposed, as well as that which menaced the
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 49 56
things recovered or salvaged, and the value of such Types of affreightment as to time
things after deducting the expenses. Time charter: Determined no. of days/month
Voyage charter: Either outgoing or return, or round trip
BARRIOS V GO THONG (1963) As to freightage
THE$TOWING$VESSEL,$IN"THE"ABSENCE"OF"A"
For a fixed amount for the whole cargo
WRITTEN'AGREEMENT,'IS"ENTITLED'TO'
COMPENSATION+FOR+TOWAGE$BUT$NOT$ For a fixed rate per ton
SALVAGE.! For so much per month
!
IN#A#QUASI$CONTRACT'OF'TOWAGE,'ONLY%THE%
OWNER&OF&THE&TOWING&VESSEL,&TO&THE&
COASTWISE LIGHTERAGE V CA (1995)
EXCLUSION*OF*THE*CREW"MAY"BE"ENTITLED"TO! DEMISE&OR&BAREBOAT&CHARTER!–CHARTERER'
THE$COMPENSATION.! MANS%THE%VESSEL%WITH!HIS$OWN$PEOPLE$AND$
BECOMES'THE'OWNER'PRO"HAC"VICE."OWNER"OF!
MV Henry towed MV Don Alfredo after intercepting VESSEL%COMPLETELY%AND"EXCLUSIVELY"
its SOS signal. The captain is now demanding RELINQUISHES*POSSESSION,%COMMAND%AND%
F: compensation because according to him, he NAVIGATION(TO(THE(CHARTERER.!
engaged in the salvage of the vessel and is therefore !
entitled to more than P100,000. CONTRACT'OF'AFFREIGHTMENT!–!ONE$WHICH$
WON the captain of MV Henry deserves OWNER&OF&THE&VESSEL&LEASES%PART%OR%ALL%OF"
I: ITS$SPACE$TO$HAUL$GOODS$FOR$OTHERS."
remuneration
POSSESSION,(COMMAND(AND$NAVIGATION$OF$
R: NO. See both doctrines. THE$SHIP$ARE$RETAINED"BY"THE"OWNER.!
Insurer sought to recover the amount it paid to the
consignee due to the total loss of cargo (molasses)
V. SPECIAL CONTRACTS OF F:
of the latter from Coastwise (shipowner). Coastwise
MARITIME COMMERCE denies liability claiming that it was turned into a
private carrier by the contract of affreightment it had
A. CHARTER PARTIES with Pag-asa.
I: WON the vessel was a common carrier.
1. DEFINITION
YES. The Court held that Coastwise remained a
Charter party is a contract by virtue of which the owner or common carrier because a contract of affreightment
the agent of the vessel binds himself to transport R:
does not convert a common carrier to a private
merchandise or persons for a fixed price. It is also a lease of carrier (unlike a demise/bareboat charter).
the whole or a portion of the vessel for the transportation of
goods or person from one port to another164.
CALTEX PHILIPPINES V SULPICIO LINES (1999)
IF#THE#CHARTER#IS#A#CONTRACT'OF'
2. KINDS 165 AFFREIGHTMENT,,WHICH!LEAVES&THE&
SHIPOWNER*IN*POSSESSION$OF$THE$SHIP$AS$
As to extent of vessel hired: OWNER&FOR&THE&VOYAGE,"THE"RIGHTS'AND'
Total: Whole vessel is chartered, including the command, RESPONSIBILITIES+OF+OWNERSHIP*REST*ON*THE"
possession and control over navigation. SHIPOWNER.+THE+CHARTERER#IS#FREE#FROM#
Partial: Only a part of the vessel is chartered LIABILITY'TO'THIRD'PERSONS&IN&RESPECT&OF!
THE$SHIP.!
As to control:
Caltex shipped its fuel cargo aboard MT Vector via a
Demise/Bareboat: The charterer mans the vessel with his voyage charter party. Said vessel collided with MV
own people and becomes the owner pro Doña Paz, resulting to the death of almost all its
hac vice. The owner of the vessel crews and passengers. Sulpicio, owner of the
completely and exclusively relinquishes F:
passenger ship, wants to hold Caltex liable for the
possession, command and navigation accident as well, for the latter’s alleged negligence
to the charterer. in choosing to ship its cargo through an
Affreightment: The owner of the vessel leases part or unseaworthy ship.
all of its space to haul goods for others. I: WON the vessel was acting as a common carrier.
The owner retains possession, YES. Court held that Caltex was under no obligation
command and navigation of the ship. to ensure the seaworthiness of the vessel because
their contract was a mere voyage charter, which did
R: not transform the vessel from a common to a private
carrier; as such, it was incumbent upon the vessel to
impliedly warrant its seaworthiness, and Caltex had
164 PPI V CA
165
ID. all the right to rely on this.
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 50 56
B. LOANS ON BOTTOMRY AND 3. CHARACTER OF LOAN
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 53 56
registered luggage or any goods during air carraige171 .
AIR TRANSPORTATION a. “During air carriage” = While goods are in charge of the
carrier.
I. INTERNATIONAL AIR 3. Carrier is liable for damage occasioned by delay in
TRANSPORTATION carriage172.
Warsaw Convention
Convention on the unification of certain rules relating to NORTHWEST V CUENCA (1965)
international carriage by air. THE$WARSAW$CONVENTION"DO"NOT"CONSTITUTE"
AN#EXCLUSIVE#LIST#OF#INSTANCES#WHEREIN!AN#
Purpose: To protect emerging air transportation industry
AIR$CARRIER$MAY$BE$HELD$LIABLE$FOR$
and to secure the uniformity of recovery by passengers. DAMAGES.!
171
Article 18 WARSAW
172
Article 19 WARSAW
173
Article 22 WARAW
174
Article 23 WARSAW
169 175
Article 1 WARSAW Article 25(1) WARSAW
170 176
Article 17 WARSAW Article 25(2) WARSAW
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 54 56
ticket177. Prescriptive periods179
2 years from:
F. CONDITIONS ON IMPOSITION OF
- Date of arrival at the destination;
LIABILITY - Date of expected arrival; or
- Date on which the transportation stopped.
SANTOS V NORTHWEST Jurisdiction180
ANY$ACTION$REGARDLESS"OF"THE"TYPE"OF"THE! 1. Carrier’s residence
ACTION'ON'WHICH'RELIEF#IS#FOUNDED,#CAN#BE"
2. Carrier’s principal place of business.
BROUGHT(SUBJECT(TO(THE#CONDITIONS#AND#
3. Carrier has an establishment where contract was made
LIMITATIONS)ESTABLISHED$BY$THE$WARSAW$
CONVENTION.!
4. At the place of destination
Notice of Claim
Complaint is a condition precedent for an action against the
References and
carrier, otherwise, barred EXCEPT in case of fraud on the
part of the carrier178.
WHEN COMPLAINT MUST BE
DAMAGE TO LUGGAGE
MADE
3 days from receipt Special thanks
DAMAGE TO GOODS 7 days from receipt
DELAY OF 14 days from receipt Special thanks to:
LUGGAGE/GOODS A2015 Reviewers
177 179
Article 3 WARSAW Article 29 WARSAW
178
Article 26 WARSAW 180 LHUILLIER V BRITISH AIRWAYS
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 55 56
A2016 Digests
Mike de Castro and Dudday Yang for additional notes,
digests and proofreading.
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TRANSPORTATION AND PUBLIC UTILITIES LAW Reviewer || Prof. Nicky Ty 56 56