TRANSPORTATION AND PUBLIC UTILITIES LAW

De La Salle University College of Law

First Semester, A.Y. 2019-2020
Anna Teresita A. Marcelo

FIRST WEEK ASSIGNMENT

Chapter 1, 1. – 9. of Essentials of Transportation and Public Utilities Law (2016) by Timoteo B.
Aquino and Ramon Paul L. Hernando – Annotation and assigned cases

PART I – COMMON CARRIERS

CHAPTER 1 – GENERAL PROVISIONS

1. Definition of Contract of Transportation

2. Parties
2.01 Carriage of Passengers
2.02 Carriage of Goods
3. Perfection

Cases:
1. Compañia Maritima v. Insurance Company of North America, 12 SCRA 213,
October 30, 1964
2. British Airways, Inc. v. Court of Appeals, 218 SCRA 699, February 09, 1993

3.01 Aircraft
3.02 Buses, Jeepneys, and Street Cars

Case:
1. Dangwa Transportation Co., Inc. v. Court of Appeals, 202 SCRA 574, October 07,
1991

3.03 Trains

Case:
1. Light Rail Transit Authority v. Navidad, 397 SCRA 75, February 06, 2003

4. Common Carrier
4.01 Public Service
5. Test

Cases:
1. First Philippine Industrial Corporation v. Court of Appeals, 300 SCRA 661,
December 29, 1998
2. National Steel Corporation v. Court of Appeals, 283 SCRA 45, December 12, 1997
3. Pereña v. Zarate, 679 SCRA 208, August 29, 2012
6. Characteristics
6.01 Broader Concept

Case:
1. Luzon Stevedoring Co. Inc. v. Public Service Communication, 93 Phil. 735,
September 16, 1953

6.02 Ancillary Business

Case:
1. De Guzman v. Court of Appeals, 168 SCRA 612, December 22, 1988
2. Cruz v. Sun Holidays, Inc., 622 SCRA 389, June 29, 2010

6.03 Limited Clientele

Cases:
1. Luzon Stevedoring Co. Inc. v. Public Service Communication, 93 Phil. 735,
September 16, 1953
2. Pereña v. Zarate, 679 SCRA 208, August 29, 2012
3. Schmitz Transport & Brokerage Corporation v. Transport Venture, Inc., 456 SCRA
557, April 22, 2005

6.04 Means of Transportation

Case:
1. First Philippine Industrial Corporation v. Court of Appeals, 300 SCRA 661,
December 29, 1998

6.05 Not Common Carrier by Law

7. Effect of Charter Party

Cases:
1. Planters Products, Inc. v. Court of Appeals, 226 SCRA 476, September 15, 1993
2. National Steel Corporation v. Court of Appeals, 283 SCRA 45, December 12, 1997
3. Philam Insurance Company, Inc. (now Chartis Philippines Insurance, Inc.) v.
Heung-A Shipping Corporation, 730 SCRA 512, July 23, 2014

8. Common Carrier Distinguished from Private Carrier

Case:
1. Planters Products, Inc. v. Court of Appeals, 226 SCRA 476, September 15, 1993
2. Pereña v. Zarate, 679 SCRA 208, August 29, 2012
3. National Steel Corporation v. Court of Appeals, 283 SCRA 45, December 12, 1997

9. Common Carrier Distinguished from Other Contracts

9.01 Distinguished from Towage
9.02 Distinguished from Arrastre

Case:
1. Summa Insurance Corporation v. Court of Appeals, 253 SCRA 175, February 05,
1996

9.03 Distinguished from Stevedoring

9.04 Distinguished from Travel Agency

Cases:
1. Crisostomo v. Court of Appeals, 409 SCRA 528, August 25, 2003
2. Cathay Pacific Airways v. Reyes, 699 SCRA 725, June 26, 2013