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Mendoza vs. Philippine Airlines, Inc
Mendoza vs. Philippine Airlines, Inc
837
838
MONTEMAYOR, J.:
840
"6. The Carrier does not obligate itself to carry the Goods by any
specified aircraft or on a specified time. Said Carrier being hereby
authorized to deviate from the route of the shipment without any
liability therefor."
841
at the time that the def endant accepted the can of film f or
shipment, for the reason that neither the shipper LVN
Pictures Inc. nor the consignee Mendoza had called its
attention to the special circumstances attending the
shipment and the showing of the film during the town
fiesta of Naga, plaintiff may not recover the damages
sought.
Counsel for appellant insists that the articles of the
Code of Commerce rather than those of the Civil Cade
should have been applied in deciding this case for the
reason that the shipment of the can of film is an act of
commerce; that the contract of transportation in this case
should be considered commercial under Art. 349 of the
Code of Commerce because it not only involves
merchandise or an object of commerce but also the
transportation company, the defendant herein, was a
common carrier, that is to say, customarily engaged in
transportation for the public, and that although the
contract of transportation was not by land or waterways as
defined in said Art. 349, nevertheless, air transportation
being analogous to land and water transportation, should
be considered as included, especially in view of the second
paragraph of Art. 2 of the same Code which says that
transactions covered by the Code of Commerce and all
others of analogous character shalt be deemed acts of
commerce. The trial court, however, disagreed to this
contention and opined that air transportation not being
expressly covered by the Code of Commerce, cannot be
governed by its provisions.
We believe that whether or not transportation by air
should be regarded as a commercial contract under Art.
349, would be immaterial in the present case, as will be
explained later. Without making a definite ruling on the
civil or commercial nature of transportation by air, it being
unnecessary, we are inclined to believe and to hold that a
contract of transportation by air may be regarded as
commercial. The reason is that at least in the present case
the transportation company (PAL) is a common
842
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847
PARAS, C. J.:
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