TRANSPORTATION LAW

2C RECIT Q’S

SEPTEMBER 18, 2021

 Teja Marketing
o What was the issue?
o Why did they file a case against IAC?
o Did the respondent court erred in applying in pari delicto doctrine?
o What is the doctrine of in pari delicto
o What does the NCC provides? ;What are the rules that must be observed?
o Application in the case?; Is kabit system outrightly punished as a criminal offense?
o Petition is devoid of merit?; the application of in pari delicto is correct?

 Villanueva v. Domingo
o Is it material for the court to establish that the driver was given consent by the
registered owner? How was it reconciled with the facts in coming up with the decision
of the case?
o Registered owner rule?; to be held liable, what must be established by the Court?
o Is the registered owner, the employer in the case?
o Why did the court held the registered owner liable?
o Is it material for the driver to be actually authorized by the registered owner, before
the latter may be held liable? Why not? Rationale?
o Purpose of the motor vehicle registration?

 Hernandez v. Dolor
o Lease agreement, boundary system; is there an employee-employer relationship?

 FEB Leasing case

 Teodoro v. Zarate
o True test in determining whether or not it is a common carrier
o Is there a breach of contract of carriage?

 Baliwag Transit v. Court of Appeals

o Who is the real party in interest plaintiff? Who is the real party in interest defendant?
o Are the parents the real party in interest in the breach of contract of carriage?

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 TRANSPORTATION LAW
2C RECIT Q’S

 British Airways Inc. v. Court of Appeals

o How did the court decided on the contention that there is no contract of carriage since
there was no ticket issued?
o 2 aspects of contract of carriage
o The contract is a contract to carry? It is sufficient for the carrier to be held liable?
o Were damages awarded?
o Other types of damages aside from actual?

 Dangwa Transportation vs. Court of Appeals

o Contention of the passenger
o No signal of intention?
o What happened when the victim was about to board the bus?
o Did the victim died?
o The action was filed by whom?
o Victim by stepping and standing on the platform of the bus, is he considered as a
passenger already; is there a perfected contract of carriage here?
o How about the contention that the victim did not signify its intention? When the bus
stops, what does it mean, does it offer its service to the public?
o There must be extraordinary diligence, what are the other negligence established by
the court?
o Premature acceleration?
o How about the contention that the victim is also negligent?
o If the bus just started and in slow motion, is a passenger attempting to board a bus
already negligent? Why not negligent?

 Light Rail Transit Authority vs. Navidad

o Can there be a liability of tort simultaneously when there is a contract?
o An act which constitutes a breach of contract of carriage cannot be a tort?
o What is a tort?
o Is a tort similar with a quasi delict?
o An act w/c is a breach of contract cannot be a source of liability for a tort?
o Ruling of the court in this case
o Prudent Security Agency and Roman, were they held liable?

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 TRANSPORTATION LAW
2C RECIT Q’S

 Asia Lighterage Shipping Inc vs CA

 Planters Products, Inc. vs. Court of Appeals

o What was the charter party entered into?
o What is the reason for the damage? Is it due to inherent character of the goods or
package?

 Fabre. v. Court of Appeals

o Is it considered a common carrier

 Bascos v. CA
o Law defines relationship of the parties
o What is the business according to the petitioner?
o How about hijacking? Is that a defense? A force majeure?

HW: Module 2 – 23rd case up to end of Module 3

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