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Transpo Bar Q
Transpo Bar Q
Transpo Bar Q
Transportation Law
Boundary System (2005)
Baldo is a driver of Yellow Cab Company under the
boundary system. While cruising along the South
Expressway, Baldos cab figured in a collision, killing his
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1
The stipulation is considered unreasonable,
unjust and contrary to public policy under Article 1745 of
the Civil Code.
2
The stipulation limiting the carriers liability to
the value of the goods appearing in the bill of lading
unless the shipper or owner declares a higher value, is
expressly recognized in Article 1749 of the Civil Code.
Carriage; Valuation of Damaged Cargo (1993)
A shipped thirteen pieces of luggage through LG Airlines
from Teheran to Manila as evidenced by LG Air Waybill
which disclosed that the actual gross weight of the luggage
was 180 kg. Z did not declare an inventory of the contents
or the value of the 13 pieces of luggage. After the said
pieces of luggage arrived in Manila, the consignee was able
to claim from the cargo broker only 12 pieces, with a total
weight of 174 kg. X advised the airline of the loss of one of
the 13 pieces of luggage and of the contents thereof.
Efforts of the airline to trace the missing luggage were
fruitless. Since the airline failed to comply with the demand
of X to produce the missing luggage, X filed an action for
breach of contract with damages against LG Airlines. In its
answer, LG Airlines alleged that the Warsaw Convention
which limits the liability of the carrier, if any, with respect
to cargo to a sum of $20 per kilo or $9.07 per pound,
unless a higher value is declared in advance and additional
charges are paid by the passenger and the conditions of the
contract as set forth in the air waybill, expressly subject the
contract of the carriage of cargo to the Warsaw
Convention. May the allegation of LG Airlines be
sustained? Explain.
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Marites can not legally hold the bus company liable. There
is no showing that any such incident previously happened
so as to impose an obligation on part of the personnel of
the bus company to warn the passengers and to take the
necessary precaution. Such hurling of a stone constitutes
fortuitous event in this case. The bus company is not an
insurer. (Pilapil v CA 180 s 346)
Common Carrier; Defenses; Limitation of Liability (1998)
X took a plane from Manila bound for Davao via Cebu
where there was a change of planes. X arrived in Davao
safely but to his dismay, his two suitcases were left behind
in Cebu. The airline company assured X that the suitcases
would come in the next flight but they never did. X
claimed P2,000 for the loss of both suitcases, but the
airline was willing to pay only P500 because the airline
ticket stipulated that unless a higher value was declared,
any claim for loss cannot exceed P250 for each piece of
luggage. X reasoned out that he did not sign the stipulation
and in fact had not even read it.
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a)
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(per Dondee) Osawa and Co. shall bear the loss because
under a demise or bareboat charter, the charterer (Osawa
& Co.) mans the vessel with his own people and becomes,
in effect, the owner for the voyage or service stipulated,
subject to liability for damages caused by negligence.
Prior Operator Rule (2003)
Bayan Bus Lines had been operating satisfactorily a bus
service over the route Manila to Tarlac and vice versa via
the McArthur Highway. With the upgrading of the new
North Expressway, Bayan Bus Lines service became
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The Trust Receipts Law (P.D. No. 115) declares the failure
to turn over goods or proceeds realized from sale thereof,
as a criminal offense under Art. 315(l)(b) of Revised Penal
Code. The law is violated whenever the entrustee or
person to whom trust receipts were issued fails to: (a)
return the goods covered by the trust receipts; or (b)
return the proceeds of the sale of said goods
(Metropolitan Bank v. Tonda, G.R. No. 134436, August 16, 2000).