Transportation Law – Common Carriage of Passengers

Atty. Ralph James G. Laman

Codal Provisions – Article 1755 to Article 1763

Case List:

1. Manay Jr. et al vs., Cebu Air, Inc., G.R. No. 210621. April 04, 2016
(contract of adhesion/Air Passenger Bill of Rights)(degree of diligence
concurrently required of passengers)

2. Isaac v. A.L. Ammen Transportation Co. Inc., G.R. No. L-9671, August
23, 1957 (principles governing the liability of a common carrier)

3. Singapore Airlines vs. Fernandez, G.R. No. 142305. December 10,

2003 (fortuitous event)(obligation to provide comfort and convenience
to its stranded passengers using extraordinary diligence)
(communicating to its passengers the consequences of the delay in
their flights was wanting)

4. Northwest Airlines vs. Chiong, G.R. No. 155550, January 31, 2008
(what to prove in actions for breach of contract to be awarded
damages) (employees of the common carrier acting in an oppressive
manner)

5. Air France vs. Carrascoso, G.R. No. L-21438, September 28, 1966
(liability of employers for the tortuous conducts of its employees) (the
act that breaks the contract may be also a tort)

6. Sulpicio Lines vs. Sesante, G.R. No. 172682. July 27, 2016 (Article
1759, negligence or willful acts of common carrier’s employees)
(Fortuitous event) (also notification for lost baggage/handcarried
baggage cf CC of goods)

7. Lopez vs. Pan American World Airways, G.R. No. L-22415, March 30,
1966 (breach of contract in bad faith) (determination as to the amount
of damages)

8. Philippine Airlines Inc. vs. CA, G.R. No. 123238, September 22, 2008
(lack of care for and sensitivity to the needs of its passengers)

9. Cathay Pacific Airways vs. Sps. Vasquez, G.R. No. 150843. March 14,
2003 (forced upgrading tantamount to breach of contract)

10. Bataclan vs. Medina, G.R. No. L-10126, October 22, 1957 (breach of
contract/negligence) (proximate cause)

11. La Mallorca vs. CA, G.R. No. L-20761, July 27, 1966 (duration of
liability)
12. Philippine Airlines, Inc. vs. CA, G.R. No. L-82619 , September 15,
1993(duration of liability) (extraordinary diligence in safeguarding the
comfort, convenience and safety of its stranded passengers

13. Tiu vs Arriesgado, G.R. No. 138060. September 1, 2004 (what to prove
in actions for breach of contract to be awarded damages) (presumption
of negligence when violating a traffic regulation) (doctrine of last clear
chance) (extraordinary diligence simultaneously benefit to pedestrians
and the passengers of other vehicles) (solidary liability in case of injury
to a passenger due to the negligence of the driver of the common
carried on which he was riding and of the driver of another vehicle)

14. Estacion vs. Bernardo, G.R. No. 144723, February 27, 2006
(presumption of negligence when violating a traffic regulation)

15. Canco vs. Manila Railroad Company, G.R. No. L-12191 October
14, 1918 (duration of liability)

16. Del Prado vs. Manila Electric Co., G.R. No. L-29462, March 7, 1929
(duration of liability) (culpa contractual vs. culpa aquiliana)

17. Briñas vs. People, G.R. No. L-30309 , November 25, 1983

18. DANGWA Transportation vs. CA, G.R. No. 95582, October 7, 1991
(duration of liability)(failure to provide medical treatment as proof of
negligence)

19. Isaac v. A.L. Ammen Transportation Co. Inc., G.R. No. L-9671, August
23, 1957 (principles governing the liability of a common carrier)

20. Manila Railroad vs. Ballesteros, G.R. No. L-19161, April 29, 1966
(Article 1763 willful acts or negligence of other passengers or
strangers)

21. Fortune Express vs. CA and Caorong, G.R. No. 119756. March 18,
1999(willful acts or negligence of other passengers or strangers)
(fortuitous event) (contributory negligence)

22. Aboitiz Shipping vs. CA, G.R. No. 84458 November 6, 1989 (duration
of liability)

23. Sps. Zalamea vs. CA G.R. No. 104235 November 18, 1993
(overbooking)

24. Zulueta vs. Pan Am G.R. No. L-28589 January 8, 1973 (liability of
common carrier cannot be dispensed with" or even lessened by
stipulation, etc.)