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CARRIAGE OF GOODS
Parties
1.
2.
3.
Common carrier
Shipper
Consignee
1.
2.
Common carrier
Passenger
Cause of liability
Delay in delivery, loss, destruction, or
deterioration of the goods
Duration/Time of liability
From the time the goods are unconditionally
placed in the possession of, and received by the
carrier for transportation until the same are
delivered actually or constructively by the
carrier to the consignee or to the person who
has the right to receive them. (Art. 1736)
It remains in full force and effect even when
they are temporarily unloaded or stored in
transit unless the shipper or owner has made
use of the right of stoppage in transitu. (Art.
1737)
It continues to be operative even during the
time the goods are stored in a warehouse of the
carrier at the place of destination until the
consignee has bee advised of the arrival of the
goods and has had reasonable opportunity
thereafter to remove them or otherwise dispose
of them. (Art. 1738)
Delivery of goods to the custom authorities is
not delivery to the consignee. (Lu Do v.
Binamira, 101 Phil 120)
Presumption of negligence
Art.1735 Civil Code
Reason: As to when and how goods were
damaged in transit is a matter peculiarly within
the knowledge of the carrier and its employees.
(Mirasol v. Dollar, 53 PHIL 124)
Mere proof of delivery of goods to a carrier in
good order and the subsequent arrival of the
same goods at the place of destination in bad
order makes for a prima facie case against the
carrier. (Coastwise Lighterage Corp. v. CA, 245
SCRA 796)
Defenses
1.
2.
1. Exercise of extraordinary
(Art. 1756)
2. Caso fortuito
diligence
TRANSPORTATION LAW: Lawrence Jeffrey Delfin, Flerida Emma Manglicmot, Mark Joseph Mupas,
Melanie Pascua, Gilbert Ricaforte, Renato Segubiense Jr., Katleen Grace Serrano, Mary Jane Timbang
Void stipulations
1. That the goods are transported at the risk
of the owner or shipper;
2. That carrier will not be liable for any loss,
destruction or deterioration of the goods;
3. That the carrier need not observe any
diligence in the custody of the goods;
4. That the carrier shall exercise a degree of
diligence less than that of a good father of a
family over the movable transported;
5. That the carrier shall not be responsible for
the acts or omissions of his or its employees;
6. That the carriers liability for acts
committed by thieves or robbers who do not
act with grave or irresistible threat, violence or
force is dispensed with or diminished;
7. That the carrier is not responsible for the
loss, destruction or deterioration of the goods
on account of the defective condition of the
car, vehicle, ship or other equipment used in
the contract of carriage. (Art. 1745)
Article 1732 does not distinguish between a carrier offering its services
to the general public, that is the general community or population, and
one who offers services or solicits business only from a narrow
segment of the general population.
The Civil Code does not provide that the transportation should be by
motor vehicle.
Undertakes to carry for all people indifferently and thus is liable for
refusal without sufficient reason (Lastimoso vs. Doliente, 3 SCRA ,
[1961]);
BETWEEN
Common Carrier
As to passengers
Holds himself out for all
indiscriminately.
PRIVATE
Private Carrier
people Contracts with particular individuals
or groups only.
As to required diligence
Requires extraordinary diligence.
As to state regulation
Subject to regulation.
B. EXTRAORDINARY DILIGENCE
REQUIREMENT OF EXTRAORDINARY DILIGENCE
Common Carriers, from the nature of their business and for reasons of
public policy, are bound to observe extraordinary diligence on the vigilance
over goods and for the safety of the passengers transported by them
according to all the circumstances of each case. (Art. 1733, Civil Code)
Coverage
1.
2.
TRANSPORTATION LAW: Lawrence Jeffrey Delfin, Flerida Emma Manglicmot, Mark Joseph Mupas,
Melanie Pascua, Gilbert Ricaforte, Renato Segubiense Jr., Katleen Grace Serrano, Mary Jane Timbang
this rule. Article 1734 of the Civil Code enumerates the instance when
the presumption of negligence does not attach. (Delsan v. Trans.
American Home Insurance, August 15, 2006)
A. Caso Fortuito / Force Majeure
Requisites:
a. Must be the proximate and only cause of the loss;
b. Event independent of human will;
c. Occurrence makes it impossible for debtor to fulfill the obligation in a
normal manner;
d. Obligor must be free of participation in, or aggravation of, the injury to
the debtor; and
e. Impossible to foresee or impossible to avoid.
o Fire is not considered a natural disaster or calamity as it arises
almost invariably from some act of man or by human means unless
caused by lightning or by natural disaster or calamity. It may even
be caused by the actual fault or privity of the common carrier.
(Eastern Shipping Lines Inc. vs. IAC, 150 SCRA 469, [1987])
o Mechanical defects are not force majeure if the same was
discoverable by regular and adequate inspections. (Aquino T. &
Hernando, Notes and Cases on the Law on Transportation and
Public Utilities, , R.P. 2004 ed. p.120-122)
B. Act of God
Requisites:
1. The common carrier must have exercised extraordinary diligence
before, during and after the time of the accident;
2. The event must be unforeseen or even if it can be foreseen, it cannot
be avoided;
3. There must have been no undue delay on the part of the common
carrier;
4. The proximate cause must not be committed by the common carrier.
Said public authority must have the power to issue the order (Article
1743, Civil Code). Consequently, where the officer acts without legal
process, the common carrier will be held liable. (Ganzon v. CA 161,
SCRA 646 [1988])
TRANSPORTATION LAW: Lawrence Jeffrey Delfin, Flerida Emma Manglicmot, Mark Joseph Mupas,
Melanie Pascua, Gilbert Ricaforte, Renato Segubiense Jr., Katleen Grace Serrano, Mary Jane Timbang
facilities of the carrier, possess sufficient fare with which to pay for his
passage, and present himself to the carrier for the transportation in the
manner provided. (Vda. De Nueca v. Manila Railroad Company, CA, G.R. No.
31731, January 30, 1968)
It is the duty of carriers of passengers to stop their conveyances for a
reasonable length of time in order to afford passengers an opportunity to
board and enter, and they are liable for injuries suffered by boarding
passengers resulting from the sudden starting up or jerking of their
conveyances (Dangwa Transportation Co., Inc. vs. CA, 202 SCRA [1991])
TERMINATION: Until the passenger has, after reaching his destination,
safely alighted from the carriers conveyance or had a reasonable opportunity
to leave the carriers premises. (La Mallorca v. CA, 17 SCRA 739 [1966])
A person by stepping and standing on the platform of a bus, is already
considered a passenger and is entitled to all rights and protection pertaining
to such conventional relation (I.d.).
E. RULES ON PASSENGERS BAGGAGE
1. Baggage in the custody of the passengers or their employee:
That baggage, while in transit will be considered as necessary deposits. The
common carrier shall be responsible for the baggage as depositaries,
provided that notice was given to them or its employees and the passengers
took the necessary precautions which the carrier has advised them relative
to the care and vigilance of their baggage.
2. Baggage not in personal custody, but in that of a Carrier
Carrier who has in its custody the baggage of a passenger to be
carried like any other goods is required to observe extraordinary
diligence. In case of loss or damage, the carrier is presumed
negligent. As to the other baggage, the rules in Article 1998 and
2000 to 2003 of the Civil Code concerning the responsibility of
hotel-keepers shall be applicable. (Art.1733-1735, Civil Code)
BILL OF LADING
The written acknowledgment of the receipt of goods, and the
agreement to transport them to a specific place to a person named or to his
order. It is not indispensable for the creation of a contract of carriage.
(Compania Maritima v. Insurance Co. of North America 12 SCRA 213 [1964])
Two-fold Character of a Bill of Lading:
1.
It is receipt of the goods to be transported; and
2.
It constitutes a contract of carriage of the goods.
Functions:
1.
Best evidence of the existence of the contract of
carriage of cargo (Art. 353 Code of Commerce);
2.
Commercial document whereby, if negotiable,
ownership may be transferred by negotiation; and
3.
Receipt of cargo.
Limitations as to the Carriers Liability:
A stipulation in the Bill of Lading limiting the liability of the carrier to an
agreed valuation unless the shipper declares a higher value and pays a
higher rate of freight is valid.
TRANSPORTATION LAW: Lawrence Jeffrey Delfin, Flerida Emma Manglicmot, Mark Joseph Mupas,
Melanie Pascua, Gilbert Ricaforte, Renato Segubiense Jr., Katleen Grace Serrano, Mary Jane Timbang
However, the carrier cannot limit its liability for injury to, or loss of,
goods shipped where such injury or loss was caused by its own
negligence.
o
TRANSPORTATION LAW: Lawrence Jeffrey Delfin, Flerida Emma Manglicmot, Mark Joseph Mupas,
Melanie Pascua, Gilbert Ricaforte, Renato Segubiense Jr., Katleen Grace Serrano, Mary Jane Timbang
TIME OF DELIVERY
Stipulated in Contract/Bill
of Lading
Carrier is bound to fulfill the
contract and is liable for any
delay; no matter from what
cause it may have arisen.
No stipulation
1.
2.
Effects of delay:
1. Merely suspends and generally does not terminate the contract of
carriage.
2. Carrier remains duty bound to exercise extraordinary diligence.
3. Natural disaster shall not free the carrier from responsibility (Art.1740,
Civil Code)
4. If delay is without just cause, the contract limiting the common carriers
liability cannot be availed of in case of loss or deterioration of the goods
(Art.1747, Civil Code)
C. Duty to exercise extraordinary diligence
o Inquiry may be made as to the nature of passengers baggage, but
beyond this constitutional boundaries are already in danger of being
transgressed. (Nocum vs. Laguna Tayabas Bus Co., 30 SCRA 68)[this
doctrine is not applicable to aircrafts because of Section 8 of AntiHijacking Law (RA 6235)]
TRANSPORTATION LAW: Lawrence Jeffrey Delfin, Flerida Emma Manglicmot, Mark Joseph Mupas,
Melanie Pascua, Gilbert Ricaforte, Renato Segubiense Jr., Katleen Grace Serrano, Mary Jane Timbang
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TRANSPORTATION LAW: Lawrence Jeffrey Delfin, Flerida Emma Manglicmot, Mark Joseph Mupas,
Melanie Pascua, Gilbert Ricaforte, Renato Segubiense Jr., Katleen Grace Serrano, Mary Jane Timbang
11
prescription apply.
If despite the notice of claim, the carrier refuses to pay, action must be
filed in court.
1. If no bill of lading was issued: within 6 years
2. If bill of lading was issued: within 10 years.
TRANSPORTATION LAW: Lawrence Jeffrey Delfin, Flerida Emma Manglicmot, Mark Joseph Mupas,
Melanie Pascua, Gilbert Ricaforte, Renato Segubiense Jr., Katleen Grace Serrano, Mary Jane Timbang
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