TRANSPORTATION LAW

Midterm Exams

1) Handwritten (legible, orderly, clean) on yellow paper, using sign pen or fountain pen (blue or
black ink)

2) Deadline is tonight, 13 November 2021, Saturday, at 9PM.

3) To be emailed by the examinee directly to me to this email address

(jem.reyes@sscrmnl.edu.ph).

4) The substance of the answers shall be gauged based on the percentage weight of the questions.
So please take note of the percentage weights.

Please disseminate timely to your classmates!

Thank you and I bid you off to a productive day of answering the midterm exams!

Good luck and God bless you all!

TRANSPORTATION LAW
Midterm Exams

1) One early morning after the Simbang Gabi mass (pre-pandemic), while the children of A were
walking home on the sidewalk, a speeding jeepney, which was driven by B and owned/operated by
C, suddenly ran over and bulldozed them, resulting to their deaths and also severe injuries to the
passengers of the jeepney. During the police investigation, the driver said that he had lost control of
the wheel because of a tire blowout, while the owner/operator likewise added that B was not
authorized to drive because it was not his usual operating hours or time of dispatch.

a) What is the effective civil action of A as against the offending party/ies in order to vindicate his
rights and interests? (10)

b) In your answer to a), what are the effective defenses available to B and/or C, if any? (10)

c) What is the effective civil action of the injured passengers as against the offending party/ies to
vindicate their rights and interests? (10)

d) In your answer to c), what are the effective defenses available to B and/or C, if any? (10)

e) In the civil cases of A and the injured passengers, can the plaintiffs invoke the doctrine of res ipsa
loquitur? Explain why or why not. (10)

f) If you were the lawyer for A and the injured passengers, what are the pros and cons of filing
separate criminal actions against the offending parties? Explain. (10)
2) Explain the legal principle behind the pro hac vice conversion of a common carrier into a private
carrier in the case of Federal Phoenix Assurance vs. Fortune Sea Carrier case, in the light of the test
of a common carrier. (10)

3) State the common functions of the LTO and MARINA under existing laws in the regulation of land
and marine transportation, respectively. (10)

4) Comprehensively illustrate a hypothetical case of a general average in a marine transportation

incident, including the contributory values of each party, based on the 2016 York-Antwerp Rules.
(20)

GOOD LUCK AND GOD BLESS YOU!