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This document contains notes on transportation law based on an attorney's syllabus. It covers the definition of common carriers, their distinguishing characteristics and obligations. Some key points discussed include:
- Common carriers are broadly defined under Philippine civil law to transport goods or passengers for a fee available to the public.
- They must operate under a certificate of public convenience and exercise extraordinary diligence in transporting goods and passengers.
- Common carriers have obligations to serve the public without discrimination, deliver goods to the proper consignee, and exercise extraordinary diligence from the time goods are received until delivered.
- Various cases and laws are discussed that further clarify rules on common carriers, such as those relating to registered vehicle owners,
This document contains notes on transportation law based on an attorney's syllabus. It covers the definition of common carriers, their distinguishing characteristics and obligations. Some key points discussed include:
- Common carriers are broadly defined under Philippine civil law to transport goods or passengers for a fee available to the public.
- They must operate under a certificate of public convenience and exercise extraordinary diligence in transporting goods and passengers.
- Common carriers have obligations to serve the public without discrimination, deliver goods to the proper consignee, and exercise extraordinary diligence from the time goods are received until delivered.
- Various cases and laws are discussed that further clarify rules on common carriers, such as those relating to registered vehicle owners,
This document contains notes on transportation law based on an attorney's syllabus. It covers the definition of common carriers, their distinguishing characteristics and obligations. Some key points discussed include:
- Common carriers are broadly defined under Philippine civil law to transport goods or passengers for a fee available to the public.
- They must operate under a certificate of public convenience and exercise extraordinary diligence in transporting goods and passengers.
- Common carriers have obligations to serve the public without discrimination, deliver goods to the proper consignee, and exercise extraordinary diligence from the time goods are received until delivered.
- Various cases and laws are discussed that further clarify rules on common carriers, such as those relating to registered vehicle owners,
PART I - COMMON CARRIERS 5.3.1 Gelisan v Alday 5.3.2 Benedicto v IAC 5.3.3 Erezo v Jepte
CHAPTER I – DEFINITION AND CONCEPT OF COMMON CARRIER 5.4 “Kabit System”
5.4.1 Santos v Sibug 5.4.2 Lita Enterprises Inc v IAC 1. Article 1732, Civil Code; Broad Concept 5.4.3 Teja Marketing v IAC 1.1 De Guzman v CA 5.4.4 Lim v CA 1.2 Cruz v Sun Holidays Inc 1.3 First Phil Industrial Corp v CA 5.5 Boundary System 1.4 Calvo v UCPB General Insurance 5.5.1 Magboo v Bernardo 1.5 Asia Lighterage and Shipping, Inc. v CA 5.5.2 Sps. Hernandez v Sps. Dolor 1.6 Asian Termininals Inc. v Daehan Fire and Marine Insurance Co 6. Governing Law on Common Carriers 1.7 Sps Perena v Sps Zarate 6.1 Applicable Laws 6.2 Conflicts Rule (Art 1753, NCC) 2. Characteristics; Test 6.3 Eastern Shipping Lines v IAC 2.1 Fisher v Yangco Steamship 6.4 Nat’l Dev’t Co v CA 2.2 US v Quinajon 2.3 Loadstar Shipping Co v CA 7. Obligations of Common Carrier, in General 2.4 Nat’l Steel Crop v CA 2.5 Certificate of Public Convenience (De Guzman v CA) 7.1 Commencement 2.6 Ownership of Vehicle Used as Carrier 2.6.1 Registered Owner Rule (see 5) 7.2 Duty to Serve; Exceptions 2.6.2 Cebu Salvage Corp v Ph Home Assurance Corp 7.2.1 Int’l Maritime Dangerous Goods (IMDG) Code 2.6.3 Nonvessel Operating Common Carrier (NVOCC) 7.2.2 MARINA Circular No. 1 Series 2008 (Carriage of Dangerous Goods in Domestic Trade)
3. Distinguished from Private Carrier 7.3 Duty to Deliver
3.1 Planters Products Inc v CA 7.3.1 Actual Delivery v Constructive Delivery 3.2 San Pablo v Pantranco 7.3.2 Code of Commerce provisions 3.3 Limited Clientele 7.3.3 Where and to Whom Delivered 3.3.1 Ph American General Insurance Co v PKS 7.3.3.1 Place 3.3.2 FGU Insurance Corp v GP Sarmiento Trucking Corp 7.3.3.2 Consignee 3.4 Line Service v Tramp Service 7.4 Duty to Exercise Extraordinary Diligence 4. Contract of Carriage Distinguished from other Transactions 4.1 Towage (Baer Senior & Co v La Compania Maritima) 8. Perfection of Contract of Common Carriage 4.2 Stevedoring (Mindanao Terminal and Brokerage Service Inc v Phoenix Assurance Company) 8.1 Aspects of Contract of Carriage 4.3 Arraste/Terminal Operator (Asian Terminals Inc v Daehan Fire and Marine Insurance Co; 8.1.1 British Airways Inc. v CA Asian Terminal Inc v First Lepanto-Taisho Insurance Corp) 8.2 Carriage of Goods 4.4 Freight Forwarding (Unsworth Transport International Phils Inc v CA) 8.3 Carriage of Passengers 4.5 Travel Agency (Crisostomo v CA) 8.3.1 Manay, Jr. v Cebu Air, Inc 4.6 Transportation Network Companies (TNC) v Transporttation Network Vehicle Service (TNVS) 8.3.2 Ramos v China Southern Airlines Co (LTFRB Memo Circular 2015-015)
5. Government Regulation of Common Carrier’s Business; Public Policies
5.1 Public Interest Doctrine (KMU Labor Center v Garcia) 1