TRANSPORTATION 3B & 3D ATTY. VIVENCIO F. ABANO. Final Examination 02 June 2016 2 Semester 2015-2016, 6:00-8:00 pura. PART I: MULTIPLE. CHOICE. Write only the letter (+b, ¢, or d) and do not explain or discuss your chofce, [3 points each] 1. Common carriers, as a general rule, are presumed to have been at fault or negligent if the goods they transported deteriorated or got lost or destroyed. The presumption of fault or negligence will automatically arise if the loss is due to: (a) storm, earthquake, lightning, or other natural disaster or calamity; (b) an act of the public énémy in war, whether international or civils (©) the tortuous acts of the common carrie:"s personnel, or (d) an order or ect of a public officer. 2. The seaworthiness of the vessel: (a) must be warranted at the start of the voyage only’ (b) stust be true throughout the voyage regardless of any act by the shipper: (c) must be inquired upon by the shipper or charterer; or (d) is telative and depends on the kinds or conditions of the ‘voyage to be undertaken, 3. A cian negotiable bill of lading means that: (a) the carrier reevived goods described therein for shipment: (b) goods received without protest to be delivered to the person named therein; (c) goods received in good condition to be delivered to bearer or to the crder of person named: (d) goods to be delivered to the hearer or ta the order of the person named, 4. A freight forwarder: (a) exercises the care and diligence of a prudent man: (b) is a private carrier even if it operates another's vessel; (c) is a common earricr to the shipper but net to the consignee; (d) assumes the responsibilities of a common carrier. 5. Loaded in a single container, the shipper’s cargo consisted of 5 cases with declared value of US$2,900.00 cach case for which the fieight was fully paid. ‘The bill of lading stipulated in readable fine prints that the common carrier's liability is limited to U53500-00 per package. The cargo was totally lost during the vayage due to the common carrier's fault. The amount of the latter's liability is: Ca) US$500.00; (b) USS2,500.00; (c) USS5,000.00: (a) US$10,000.00. 6. In international air transport, the Civil Code and. not the Warsaw Conveation will apply in case off (a) insulting and disrespectful behaviour of aurline personnel towards passengers; (b) refusal to board confirmed passengers due to overbooking by sirline; (c) death or injury of passengers while on board; or (d) destrustion ar loss of checked baggage. 7. The stacking of the cargoes on the pier and rehandling the same on board the truck of the custom broker are: (a) arrastre services; ¢b) stevedoring services: (c) bot arrastre and stevedoring services: or (f) neither arsastre nor stevedoring service. 8. In a transportation overland, the shipper and common cartier stipulated in the bill of lading that the action for damaged goods must be filed within 6 months from delivery. The ‘carrier delivered the goods 10 the consignee with damage obvious by mere inspection. Te consignee made a provisional claim at once, and filed a formal ciaim a week after. Without the ‘claim being denied by the carrier, the consignee filed a suit after 6 months ut within 1 year trom the delivery. The suit: (a) was premature because it was filed even before the cartier had denied the claim: (b) has prescribed because filed beyond the period of § months stipulated in the bill of Jading (¢) was dismissible because only a provisional claim was filed upon delivery of the goods; (@) will not prosper because the formal elaim was filed beyond 24 hours from delivery9. A Joan om cesponclentia must be paid: (a) provided it ithe first of several such leans incurred for the vessel in a voyage; (>) even if the goods perish, provided the ship is saved; (e) unless the interest on the loan exceeds the rate allowed by the Usury Law; or d) even if the ship perishes, provided its cargoes are saved. (b) LTFRB; (¢) LGU: or (d) 10. The franchise for trieycles is issued by the: (a) LTO; bore. PART Il. ESSAY QUESTIONS. Read carefully the cases/questions and answer with veasons/explanation, The bill of lading stated that the containerized cargoes were received by the common arrier in good order and condition, Freight were prepaid based on their values, as also stated in the bill of lading, to wit: “Five (5) Honda X3iM4 car engines with Serial Nos. 887GD8d6 10 887GD850 in separate boxes, with toral varlue of USS2,000,00 each” and “Tiree (3) crates of ‘otai 18 cluich assemblies packed in individuo! boxes, eack assembly with value af USS 100.00 ach”. After arvival of vessel from Nagoya, Jepan to Manila North Harbor, the container was fered to the consignee who discovered that one (1) car engine aid one (1) crate were missing, Questions: (a) when should notice of loss be made by the consignee? (b) what is the Tegal effect if no notice is filed within the prescriptive period? (c) when should the consignee file a suit, and what are the possible exceptions to the usual prescriptive period? (4) how mach can the commen carrier be held liable because of the missing :tems? (e) if the common carrier is no longer available, can the consignee stil file a suit here and why or why not? [25 points} 12. A motor launch owned by Compania. Venusa and under the command of unlicensed Captain Santos was loaded with passengers bound for Mindoro. During the voyage, the motor launch collided with MV Saturn owned by Compania Neptuna and under the command of its Captain Cruz. The cause of the collision was the contribrtory negligence of the captain of MV Samim. The motor launch sank resulting in the death of a passenger. His heirs filed an action for ‘damages against both shipowners. Compania Venusa argues that it is exempted ftom liability by reason of the total loss of the moter launch, while Compania Neptuna centends that it is not liable under the doctrine of last clear chance violated by the motor launch, Decide with reasons ‘on the issue of liability. [20 peints] 13. Discuss the three (3) important powers!functions of government regulsiory agencies Ger Public, service utilities, and why these powers/functions should be exercised directly by those agencies and not be delegated to the utilities concerned or to other third parties. {25 points] GOOD LUCK AND ENJOY YOUR VACATION!CALUPTIIN, CANAL He ACES CA ig ot ABO. year a see. Name Protessor WENCG APBD pote 2 due ‘UuCKaND —____ _ Hae ig a dsc} —_ __txptin, adnoa ee sis 2d ae[LBaed on COGSAs i no note, is Sed witinin “the EMD “pesado paiods “discussed MH onsier (By, fathok “pemocface sail 2 f inp “snail give ise. rina Atatt, Assn p= AB aa ENB— “Hon tnad Int _gucds wore, yeceived ine —_____EWMi 0 Miaeousety Bie Bain, aging Aine Common. END. _caraue ott cog, avd rd_orate BADTote parties , do as long iat twe pt vod ENE Tu wosonaiiy END1 curkoncs divided _gomtaining Ye _ddatch ascenislics. uals ascewiolics ger coke; multiplied ey the mdiaual vats of WO} Jor a qoral ot END” hw ARGO. 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