Professional Documents
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Transportation Law Rev
Transportation Law Rev
54
MEMORY AID IN COMMERCIAL LAW
TRANSPORTATION LAWS
Parties
1. Common carrier 1. Common carrier
2. Shipper 2. Passenger
3. Consignee
Cause of liability
Delay in delivery, loss, destruction, or Death or injury to the passengers
deterioration of the goods
Duration of liability
From the time the goods are unconditionally The duty of a common carrier to provide safety
placed in the possession of, and received by the to its passengers so obligates it not only during
carrier for transportation until the same are the course of the trip, but for so long as the
delivered actually or constructively by the passengers are within its premises and where
carrier to the consignee or to the person who they ought to be in pursuance to the contract
has the right to receive them. (Art. 1736) of carriage. (LRTA v. Navidad, [2003])
It remains in full force and effect even when All persons who remain on the premises
they are temporarily unloaded or stored in within a reasonable time after leaving the
transit unless the shipper or owner has made conveyance are to be deemed passengers, and
use of the right of stoppage in transitu. (Art. what is a reasonable time or a reasonable
1737) delay within this rule is to be determined from
It continues to be operative even during the all the circumstances, and includes a
time the goods are stored in a warehouse of the reasonable time to see after his baggage and
carrier at the place of destination until the prepare for his departure. (La Mallorca v. CA,
consignee has bee advised of the arrival of the 17 SCRA 739 ; Abiotiz Shipping Corporation v.
goods and has had reasonable opportunity CA, 179 SCRA 95)
thereafter to remove them or otherwise dispose It is the duty of common carriers of
of them. (Art. 1738) passengers to stop their conveyances a
Delivery of goods to the custom authorities is reasonable length of time in order to afford
not delivery to the consignee. (Lu Do v. passengers an opportunity to enter, and they
Binamira, 101 Phil 120) are liable for injuries suffered from the sudden
starting up or jerking of their conveyances
while doing so. The duty which the carrier of
passengers owes to its patrons extends to
persons boarding the cars as well as to those
alighting therefrom (Dangwa Trans Co., Inc. vs.
CA 202 SCRA 574).
Presumption of negligence
Void stipulations
1. That the goods are transported at the risk Dispensing with or lessening the extraordinary
of the owner or shipper; responsibility of a common carrier for the
2. That carrier will not be liable for any loss, safety of passengers imposed by law by
destruction or deterioration of the goods; stipulation, by posting of notices, by
3. That the carrier need not observe any statements on tickets or otherwise. (Art. 1757)
diligence in the custody of the goods;
4. That the carrier shall exercise a degree of
diligence less than that of a good father of a
family over the movable transported;
5. That the carrier shall not be responsible for
the acts or omissions of his or its employees;
6. That the carriers liability for acts
committed by thieves or robbers who do not
act with grave or irresistible threat, violence or
force is dispensed with or diminished;
7. That the carrier is not responsible for the
loss, destruction or deterioration of the goods
on account of the defective condition of the
car, vehicle, ship or other equipment used in
the contract of carriage. (Art. 1745)
KABIT SYSTEM
A system whereby a person who has been
granted a certificate of public convenience
allows other persons who own motor vehicles
to operate under such license, for a fee or
percentage of such earnings. It is void and
inexistent under Art. 1409, Civil Code.
Effects:
1. The transfer, sale, lease or assignment of
the privilege granted is valid between the
contracting parties but not upon the
public or third persons. (Gelisan vs.
Alday, 154 SCRA 388)