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• Who is a real party in interest

General considerations o It is the person whose contractual rights have been invaded
who must bring every action based on contract
When is there a contract of transportation • In a suit for breach of contract of carriage the real party in interest is
• When a person obligates himself to transport persons or property the injured passenger
from one place to another for consideration • Parents cannot maintain an action on behalf of their child who is of
legal age of an action for breach of a contract of carriage since they
Types of contract of transportation according to carriage are not real parties in interest (locus standi)
• Contract of carriage of passengers
• Contract of carriage of goods Carriage of goods
• Parties
Passenger o Shipper
• Defined as one who travels in a public conveyance by virture of a o Carrier
contract, express or implied with the carrier subject to payment of • Shipper
fare or an equivalent thereof o Person who delivers the goods to the carrier for transportation
o Who pays consideration or on whose behalf payment is made
Carrier • Consignee
• Undertakes to transport or convey goods or persons from once place o Person to whom goods are delivered
to another gratuitously or for a fee o May be the shipper himself or a 3rd person who is not a party to
the contract of carriage
Common carrier o When bound by the contract of carriage
• Person, association, corporation or firm engaged in the business of ▪ Bound by the terms and conditions of the contract of
carrying or transporting passengers or goods or both by land, water or lading where it was established that the consignee
air, for compensation, offering such services to the public. accepted the terms and conditions and is trying to
enforce the said contract
Private carrier o Instances of when consignee is bound by contract
• One who without making the activity a vocation or without holding ▪ Relationship of agency between the consignee and
himself or itself out to the public as ready to act for all who may shipper / consignor
desire his or its service, undertakes by special agreement in a ▪ Unequivocal acceptance of the bill of lading delivered to
particular instance only to transport goods or persons from one to the consignee
another either gratuitously or for hire
Contract to carry
Gratuitous or reduced fare • Agreement to carry the passenger at some future date
• Passenger is still considered such even if he is being carried • Perfected by mere consent
gratuitiously or under a reduced fare
• Limitation of liability Contract of carriage / common carriage
o Valid except if due to gross negligence or willful misconduct • Considered a real contract not until the facilities of the carrier are
o If reduced fare - does not justify limitation of carrier's liability actually used can the carrier be said to have already assumed the
obligation of the carrier
Real party in interest (carriage of passengers)
Contract of carriage of goods Four fold test to determine whether or not a party is a common carrier of
• When goods are unconditionally placed in the possession and control goods
of the carrier • Engaged in the business of carrying goods / passengers for others as a
public employment
Liability as common carrier for carriage of goods • Must undertake to carry goods or passengers of the kind to which his
• Begins with the actual delivery of the goods for transportation business is confined
• Not merely with the formal execution of a receipt of bill of lading • Must undertake to carry by the method by which his business is
o Issuance of a bill of lading is not necessary to complete delivery conducted
and acceptance • Transportation must be for hire

Contract of carriage of passengers Public use

• Even if no ticket was issued, a verbal contract to carry is already a • So long as a person or corporation holds itself to the public for the
binding consensual contract purpose of transporting goods as a business, it is already considered a
• Written contract is not essential common carrier regardless of whether it owns the vehicle to be used
• Carriage in aircraft or has to actually hire one
o Perfected contract - If passenger had checked in at the • Operator of a beach resort is considered a common carrier that
departure counter, passed through customs and immigration, accepts clients by virtue of a tour package that included
boarded the shuttle bus and proceeded to the ramp of the transportation to and from the resort and point of departure in
aircraft and that his baggage had already been loaded in the Batangas is considered a common carrier
aircraft to be flown with the passenger to his destination
• Carriage in Buses, Jeepneys, Street Cars True test to determine whether or not a person is a common carrier (Two-
o Once a public utility vehicle stops it is in effect making a pronged test)
continuing offer to riders • Whether the undertaking is a part of the activity engaged in by the
o Continuing offer rule (Dangwa doctrine) carrier that he has held out to the general public as his business or
▪ It is the duty of the driver to stop their conveyances for a occupation
reasonable length of time in order to afford passengers an • If undertaking is for a single transaction, not part of a general business
opportunity to board and enter, and they are liable for or occupation engaged in and held out to the general public then such
injuries suffered by boarding passengers resulting from individual or entity rendering such is a private, not a common carrier
the sudden starting up of the carrier
• Carriage in trains Characteristics
o Passenger must purchase a ticket and present himself at the • Principal business or an ancillary activity
proper place and in a proper manner for transportation • Regular or scheduled and occasional, episodic or unscheduled
• General public or specific segment
Common carrier • Whether or not a certificate of public convenience was issued
• Article 1732 of the civil code • Whether on land, sea or air
o Common carriers are persons, corporations, firms or • Whether or not using a motor vehicle
associations engaged in the business of carrying or transporting • Whether or not there is an existence of a fixed or publicly known
passengers or goods or both, by land, water, or air, for route, terminals or issuance of tickets
compensation, offering their services to the public. • Whether or not engaged in the business of public transportation
• Whether or not the operator owns the vehicles
o Whole vessel is let to the charterer with a transfer to him of its
Bus service to school children entire command and possession and subsequent control over
• Considered a common carrier its navigation including master and crew
• Reason
o Engaged in transporting passengers generally as a business, not Public vs private carrier
just a casual occupation • The distinction lies in the character of the business such that if the
o Undertaking to carry passengers over established roads undertaking is a single transaction not part of the general business or
o Transporting students for a fee occupation although involving the carriage of goods for a fee, the
person or corporation offering such service is a private carrier
Pipeline operators as common carriers • Public / common carriers
• Pipeline operators are common carriers even if the oil or petroleum o Required to exercise extraordinary diligence
products are being transported not through motor vehicles but o In the event of loss, destruction or deterioration of goods -
through pipelines public carriers are presumed to have been at fault or have acted
Foreign vessels engaging in carriage • Private carriers
• Not considered common carriers and not offering public service under o Required to exercise ordinary diligence (diligence of a good
Sec. 7 of RA 10668 father)

Charter party Common carrier vs towage

• Definition • Towage
o Defined as a contract by which an entire ship or some principal o One vessel is hired to bring another vessel to another place
part there of is let by the owner to another person for a specific o Refers to a service renderd to a vessel by towing for the mere
time or use purpose of expediting her voyage without reference to any
• Charter party may transform a common carrier to a private carrier circumstances of danger
o It must be a bareboat or demise charter where the charterer o Required to observe ordinary diligence
mans the vessel with his own people which in effect becomes
the owner for the voyage or service stipulated Common carrier vs arrastre
• Contract of affreightment • Arrastre
o Owner of a ship or other vessel lets the whole or part of her to a o Handling of cargo on the wharf between the establishment of
merchant or other person for conveyance of goods, on a the consignee or shipper at the ship's tackle.
particular voyage in consideration of the payment of freight o Responsibility of arrastre lasts until delivery of cargo to the
o Use of shipping space on vessels used by the owner in part or as consignee
a whole to carry goods for others • Functions of arrastre operator
o Not transformed into a private carrier o Receive, handle, care for, and deliver all merchandise imported
o Types and exported
▪ Voyage charter o Record or check all merchandise which may be delivered to said
▪ Time charter port at shipside
• Contract of demise / bareboat charter o Furnish light, water and other incidental services in order to
undertake its arrastre service
• Functions of arrastre operator have nothing to do with trade and When you apply Civil Code vs Code Of Commerce
business of navigation, not to operation of vessels and are clearly not • Transfered to PH
maritime o Civil Code - Primary
• An arastry operator should observe the same degree of diligence as o Code of Commerce - Suppletory
that required of a common carrier and a warehouseman
• May be held solidarily liable with carrier Governing laws
o If both employees were concurrently negligent • Coastwise (interisland) shipping
o Primary - Civil Code (Art. 1732 - 1766)
Common carrier vs stevedoring o Suppletory - Code of Commerce
• Stevedoring • Carriage from foreign ports to PH ports
o Handling of the cargo in the holds of the vessel or between the o Primary - Civil Code, Carriage of Goods by Sea Act (COGSA)
ship's tackle and the holds of the vessel o Suppletory - Code of Commerce
o Responsibility of the stevedore ends upon loading and stowing • Carriage from PH ports to foreign ports
of the cargo in the vessel o Laws of the country to which the goods are to be transported
o Not a common carrier - does not transport goods or passengers (Art. 1753 Civil Code)
o Not a warehouseman - does not store goods for profit • Overland Transportation
• Diligence of stevedore o Primary - Civil Code
o Ordinary diligence (diligence of a good father of a family) o Suppletory - Code of Commerce
• Air transportation
Common carrier vs travel agency o Civil Code
• Travel agency o Code of Commerce
o Facilitates and arranges the booking, ticketing and o Warsaw Convention
accommodation in a package tour. o Chicago Convention (1944)
o Contract is contract of service between the customer and the o RA 9497 - Civil Aviation Authority Act of 2008
travel agency, not a contract of carriage
Registered owner rule
Tramp service and line service • The person who is the registered owner of a vehicle is liable for any
• Line service damage caused by the negligent operation of the vehicle is liable for
o Operation of a common carrier which offers services to the any damage caused by the negligent operation of the vehicle even
public without discrimination though the same was already sold or conveyed to another person at
o Has regular ports of call/destination the time of the accident
o Has fixed sailing schedules o Reason: public interest
o Has published freight rates and attendant charges • Registered owner has the right of recourse against the transferee or
• Tramp service the buyer
o No regular and fixed routes • Defenses of registrered owner
o Accepts cargo wherever and whenever the shipper desires o Stolen vehicle
o Hired on a contractual basis o Unauthorized use of vehicle
o Not a common carrier if the entire vessel and crew is at the • Applies in financial lease
control of the shipper
Kabit system
• Arrangement whereby a person who has been granted a certificate of
public convenience allows other persons who own motor vehicles to
operate them under his license sometimes for a fee or percentage of
• Considered void and inexistent contract (in pari delicto)
• May also apply to vessels and aircrafts covered by the CPCN

Conditions for the issuance of CPC in favor of carriers

• PUV operator shall not allow any motor vehicle belonging to others to
be registered and/or operated under the CPC granted
• PUV operators shall not allow any illegal transfer of motor vehicle
plate/s or illegally reproduce the same (kambal plaka)
• PUV operators shall not allow the illegal use or transfer of engine
chasis or motor (pukpok chasis)

Boundary system
• When a driver leases a vehicle from the operator and the earning
depends on the number of trips they make
• Carrier cannot exempt himself on the ground that he is a lessor
Obligations of the Common Carrier Inspection by the carrier
• Carrier may conduct an inspection of the goods based on well-
founded suspicion of falsity as to the declaration of its contents
Duties of the common carrier
• Must be in the presence of witnesses together with the shipper or
• To accept passengers and goods without discrimination
consignee in attendance
• To seasonably deliver the goods or bring the passengers to the
o If shipper or consignee is not present, it may be done in the
presence of as notary who shall prepare a memorandum of the
• To deliver goods or being the passengers to the proper place or
result of the investigation
• As to cost to repackage and examination
• To deliver the goods to the proper person
o If suspicions are true - cost is to shipper
• To exercise extraordinary diligence in the performance of its duties
o If suspisions are false - cost is to carrier

Rights of the passenger / shipper

Transportation of animals
• Right against discrimination
• Carrier shall not transport an animal without authorization from the
• Right to have his goods or be transported without delay
Bureau of Animal Industry
• Right to enforce all obligations of a carrier
• No cruel confinement or restraint shall be made on such animals
• Animals shall be provided with food and water if voyage is more than
Right against discrimination
12 hours
• Sec. 16 of RA 9295
• Animals shall be kept in a sanitary and clean place
o It is illegal for domestic ship operators to refuse to accept or
carry passengers or cargo without just cause
Special classes of passengers
• Economic Regulation No. 4 of the Civil Aeronautics Board
• PWDs
o Unlawful for any air freight forwarder to give undue preference
o Provided with subsidized transportation fare
or make unjust discrimination in his service o Right against discrimination
• Passengers
▪ Right against refusay to convey PWD passenger and his
o Common carriers are bound to receive for carriage, without
orthopaedic devises
discrimination all proper persons who desire it and properly
• Senior Citizens
offer to become passengers unless some sufficient excuse exists o Entitled to 20% discount on public transportation
for refusing them
Timely delivery of goods
Valid grounds for non-acceptance of goods or passengers
• Goods must be delivered within the stipulated time
• Goods to be transported are dangerous objects
o When an express contract is made to transport and deliver
• Goods are unfit for transportation
property in a specified time, the carrier is liable for any delay no
• Goods are illegal or contrabands
matter what cause
• Goods are injurious to health
• Absence of contract
• Goods will be exposed to untoward danger
o Reasonable time
• Goods such as livestock will be exposed to disease
o Determined by expected date of delivery in the bill of lading
• Strike
• Consequences of delay
• Failure to tender goods on time
o Types of delays
▪ Excusable delays • If consignee cannot be found in place specified in the bill of lading or
• Effect refuses to pay for the expenses / transportation charges, refuses to
• Carriage is suspended but is not terminated. receive the goods
• When the cause of delay is removed, the carrier o Shall be deposited to the municipal judge at the disposal of the
must proceed with thr voyage and make delivery shipper
▪ Inexcusable delays • Conflict between consignee and shipper
• Effect o The right of the shipper to countermand the shipment
• Carrier is liable even if natural disaster caused terminates when the consignee or legitimate holder of the bill
the damage of lading appears with such bill of lading before the carrier
• Stipulation of limitation of liability is makes himself a party to the contract
inoperative • Negotiable bill of lading (Art. 1513)
• Carrier is liable for damages caused by the o Effect
delay ▪ Negotiated person acquires
• Consignee may exercise his right to abandon • Title to the goods
(Art. 371 Code of Commerce) • Direct obligation of the bailee
o Civil Code provisions on delay
▪ Art. 1747 Delay to transport passengers
• If the common carrier, without just cause, delays • Under the Code of Commerce (Art. 698)
the transportation of the goods or changes the o In case of force majure or fortuitous event
stipulated or usual route, the contract limiting the ▪ The passengers shall be obligated to pay the fare in
common carrier's liability cannot be availed of in proportion to the distance covered
case of the loss, destruction, or deterioration of the o If delay caused by the captain exclusively
goods. ▪ Right to indemnity
o Code of Commerce provisions on delay o If delay caused by disability of the vessel and passanger agreed
to wait for the repairs
Place of delivery ▪ Not required to pay any increased price of passage
• General rule ▪ Living expenses shall be under the passenger's own
o Place agreed upon by the parties account
• Change of consignment without changing the place of delivery • Suppletory application under the Civil Code (Art. 1766)
o Carrier shall comply with the new order provided that the o Carrier is liable for any loss or damage, including pecuniary loss
shipper returns to the carrier the bill of lading and a new one is or loss of propfit which the passenger may have suffered for
issued showing the novation of the contract reason of delay
o Shipper shall pay all expenses for the change • If passenger's own decision to disembark
o Not entitled to recovery of loss of profits or damages
Delivery of goods • MARINA MIA Memorandum Circular 112
• General rule o In case vessel is not able to depart on time and the delay is
o Delivered to the consignee or any other person to whom the bill unreasonable, the passenger may opt to have his/her ticket
of lading was validly transferred or negotiated immediately refunded without any refund service fee from the
o To the owner or consignee or someone lawfully authorized by authorized ticketing/issuing office
him to receive goods for his account
o If carrier cannot continue or complete voyage, the carrier must o There exists a contract between the passenger or the shipper
transport the passenger to his/her destination at the expense of and the common carrier
the carrier including free meals and lodging o That the loss, deterioration, injury or death took place during
• Bill of Rights of Passengers under DOTC-DTI JA No. 1 s.2012 (Air existence of the contract
transport) • Examples of instances
o Delivery of goods in good condition and arrival of goods at
Duty of extraordinary diligence destination in bad condition
• Civil Code Provisions o Loss of checked-in luggage of passenger upon arrival
o Art. 1733
▪ Common carriers, from the nature of their business and Presumption of bad faith
for reasons of public policy, are bound to observe • Bad faith by common carrier is NOT presumed, it must be proved by
extraordinary diligence in the vigilance over the goods clear and convincing evidence
and for the safety of the passengers transported by them, • Bad faith is required for moral and exemplary damages for breach of
according to all the circumstances of each case. contract of carriage
o Art. 1755
▪ A common carrier is bound to carry the passengers safely Effect of acquittal of criminal case
as far as human care and foresight can provide, using the • Does not affect the liability for breach of contract
utmost diligence of very cautious persons, with a due
regard for all the circumstances Duration of duty of extraordinary diligence in carriage of goods
• Code of Commerce provisions • General rule
o A o Goods are ready for and have been unconditionally placed in
• Non-delegable duty the exclusive possession, custody and control of the carrier for
o Duty of seaworthiness and care of the cargo is non-delegable the purpose of their immediate transportation and the carrier
and the carrier is accordingly responsible for the acts of the has accepted them.
master, crew, stevedore and other agents • Exception
o Stoppage in transitu
Extraordinary diligence defined ▪ Right of an unpaid seller to resume possession of the
• Carrier must do more than merely show the possibility that some goods at any time while the goods are in transit and he
other party could be responsible for the damage. It must be proved will then become titled to the same rights in regard to the
that it used all reasonable means to ascertain the nature and goods as he would have had if he had never parted with
characteristics of the goods tendered for transport and it exercised the possession
due care in handling them ▪ Requisites
• Buyer of goods becomes insolvent
Presumption of negligence • Unpaid seller has parted with the possession of the
• In case of loss of effects or cargo or passengers or death or injuries to goods
passengers, the common carrier is presumed to be at fault or have • Goods are still in transit
acted negligently unless he had observed extraordinary diligence in • Diligence up to delivery
the vigilance thereof. o Captain is liable for the cargo from the time it is turned over to
• Requirements of presumption of negligence for loss, death or injury to him at the dock until he delivers it on the shore at the port of
passengers and cargo unloading
▪ Exception - unless agreed otherwise • General rule
• Delivery to customs authorities o Care of which provides to carry the passengers as safely as far
o Parties may agree to limit liability upon inspection by customs as human care and foresight can provide using the utmost
authorities diligence of a very cautious person with a due regard for all
Commencement of duty in carriage of passengers • Not enough - diligence of a good father
• General rule • Test
o Upon the moment the passenger purchases the ticket and when o Whether or not a reasonable man, exercising extraordinary
the carrier presents himself in the proper place at the proper diligence, could have foreseen and prevented the damage or
manner with the passenger having intent to ride the transit. loss that could have occured
o Once passenger places himself under the care or control of the • Diligence to 3rd persons
carrier even if the passenger is still at the waiting area. o Pedestrians and owners and passengers of other vehicles are
• Land transportation equally entitied to the same level of extraordinary diligence.
o Must stop for a reasonable length of time for passengers to be
afforded passage onto the vehicle Stipulation on extraordinary diligence
▪ Carriers are liable for injuries suffered from the sudden • Not allowed
stop or acceleration of the vehicle. o Goods
• Passenger ▪ Carrier cannot exercise any diligence in the custody of
o Defined goods
▪ One who travels in public conveyance by virtue of a ▪ Goods are at the shipper's risk
contract (express or implied), with the carrier as to the o Passengers
payment of fare or the equivalent thereof. ▪ Lessening the highest degree of diligence
• Waiting on the carrier's premises ▪ Except
o A person who enters a carrier;s premises with the intention of • Gratuitous passengers
becoming a passenger is assumed to be a passenger • Limitation of liability is valid
• Riding on an unsuitable or dangerous vehicle • Exception to exception
o If the person knows that it is not intended for passengers - does • Willful acts or negligence of the carrier
not make the person a passenger and no extraordinary degree • Valid
of care is required o Goods
• Riding through fraud or deceit ▪ Limitation of liability and degree of care less than
o A person who rides the carrier through fraud or deceit is extraordinary diligence
precluded from recovery of injuries sustained and does not • In writing and signed by shipper/owner
acquire the status of a passenger but a trespasser. • Supported by a valuable consideration for services
rendered by the carrier
When carrier-passenger relationship exists • Reasonable and not contrary to public policy
• When one puts himself at the care or control of the carrier with bona
fide intention of becoming a passenger and is accepted as such by the Seaworthiness
carrier • Implied warranty by the carrier that the ship is seaworthy and
adequately equipped for the voyage
How duty of extraordinary diligence is complied with
o Passenger is under no obligation to inspect the ship and its crew o Transfer for further transportation from one ship or conveyance
for seaworthiness to another
• Failure to maintain seaworthiness of a ship is a breach of the contract • Acceptance of the bill of lading by the transhipper will bind it
of carriage according to the terms and conditions
• COGSA requirements
o Ship must be seaworthy Inspection of cargo or baggage
o Ship must be property manned, equipped and supplied • Duty to inspect carriage by sea
o Ship must be safe for reception, carriage and preservation of o Carrier has the right to require good faith of persons who
goods and passengers deliver goods to be carried such as the freight might depend on
o Ship must carefully load, handle and discharge the goods carried the nature and value of the goods
• Seaworthiness
o Fitness of the vessel to withstand the rigors of the voyage Compulsory insurance
• Carrier must provide adequate insurance coverage for each passenger
Limited liability rule and cargo equivalent to the total accommodation and cargo capacity
• Liability of the shipowner may be limited to the value of the vessel if of the vessel.
the fault is due solely to the captain and crew • Duration of coverage of insurance
• Except o Insurance should attach the time the passenger sets foot on the
o If negligence of the captain and crew is due to gross boarding gangway or ladder leading to the deck and continues
incompetence until the passenger has disembarked at the port of destination.

Passenger safety Roadworthiness

• Negligence on the part of the captain, crew and operator includes • Carriers need to make sure that the vehicles they are using are in
failure to comply with regulations issued by MARINA on the safety of good order and condition.
the passengers
Traffic rules
Duty to take proper route • Carrier automatically fails to exercise extraordinary diligence if it will
• Carrier is obligated to follow the usual reasonable commercial or not comply with traffic rules.
customary route • Presumption of violation of traffic rules vs presumption of negligence
• Improper deviation o Violation of traffic rules need proof of violation
o Not allowed unless in the case of force majure o Presumption of negligence is automatic when a passenger is
o If improper deviation is followed, carrier is liable for loss of injured or killed
goods which may suffer during ttansport
Diligence on the selection and supervision of drivers by the carrier
Transshipment • Carriers (operators) must conduct due diligence in the selection and
• Definitions supervision of employees
o Act of taking cargo out of one ship and loading it in another
o Transfer of goods from the vessel stipulated in the contract of Duty to inspect in land transport
affreightment to another vessel before the place of destination • Depends on the circumstances.
named in the contract has been reached • In an SC case (Nocum vs Laguna Tayaban Bus Co.)
o Court ruled that mere verbal affirmation from the passenger as
to what the contents of the baggage are is enough degree of
extraordinary diligence such as that if the passengers lied to
their contents and an injury was caused because of such
ommission, then the carrier cannot be held liable for failure to
exercise the degree of dilgence required of that of a common

Insurance requirements for vehicles

• All motor vehicles are covered by compulsory motor vehicle liablity
insurance that compensates, among others, passengers who died or
were injured as a result of the operation of the motor vehicle.
• Amount
o 150,000 accidental death
o 75,000 permanent disability

Obligations in crossings
• Both 3rd persons and the carrier must exercise mutual due diligence
to avoid causing or receiving injury

Baggage defined
• Whatever articles a passenger usually takes with him for his own
personal use, confort and convenience.

Checked-in baggage
• Baggage that is delivered to the carrier
• Rules on the carriage of goods govern

Hand-carried baggage
• Considered a necessary deposit
• Duty of passenger
o Notify the common carrier of the baggage
o Take precautions in relation to care and diligence advised by the
• Theft
o If loss incurred due to a stranger - carrier is held liable as a
o If occured due to force majure - carrier is not held liable
▪ Theft is not force majure unless through the use of arms
or irrisistable force
• On or before the time the goods are delivered to the carrier for
Obligations of the passenger and shipper shipment or that the consignee shall pay the freight at point of
o Consignee is bound to such if he accepts the goods
Duty to exercise due diligence
• Time of payment
• Shipper or passenger is bould to pay the consideration in the form of
o Absence of stipulation
freight and fare
▪ Within 24 hours from date of delivery
• Exercise due diligence in avoiding damage or injury
o Passengers by sea
▪ Tickets are purchased in advanced
Negligence of shipper or passenger
▪ Carriers may prohibit boarding of passengers without a
• Shipper or passenger is obliged to exercise due diligence to avoid
ticket (No ticket, no boarding policy)
damage to the goods or his person.
• A person who hires a public automobile and gives the driver the
Unreasonable delay
directions as to the place to which he wishes to be conveyed, but
• If the carrier cannot depart on time and the delay is unreasonable, the
exercises no other control over the conduct of the driver, is not
passenger may have his ticket refunded without any refund service
responsible for acts of negligence of the latter or prevented from
recovering for injuries suffered from a collision between the
• Unreasonable delay is the period of time that has elapsed without just
automobile and train caused by negligence or the automobile driver
cause and is solely attributable to the carrier.
Duty to disclose
Revalidation of ticket
• Duty to disclose information relating to the cargo
• Accreditation of the ticket not used or intended to be used for
• Common carrier is entitled to fair representation of the natre and
another voyage
value of the goods to be carrier with concomitant right to relay and
• Subject to payment of surcharges
carrier has no obligation to inquire into the correctness or sufficiency
of such information
Carrier's lein
• Shipper must also make proper markings in the cargoes.
• If consignor has failed to pay the consideration then the carrier may
exercise his lein
Damage caused by cargoes
• 30 days
• Duty of the shipper to disclose the nature of the cargo so that carrier
can prevent damage to the cargoes to be transported and to prevent
Timely loading and unloading
damage to the vessel, other cargoes, passengers or seafarers in the
• Shipper must deliver the goods at the date, time and place agreed.
• Otherwise, shipper may still be required to pay the fees and charges,
or damages or rejected.
Payment of freight
• Shipper cannot insist on tedering goods in excess of number, weight,
• May not go beyond the amount approved by the approrpiate
and quantity stipulated in the contract
regulatory agency such as LTFRB
Who will pay the freight
• Compensation provided for in the contract of affreightment for the
detention of the vessel beyond the time agreed upon for loading and
• Claim for damages for failure to accept delivery

Duties of the passenger

• Present himself at the proper place
o No obligation on the part of the carrier to let on intending
passengers at other points other than those appointed for
• Present himself at the proper time
• Passenger is not obligated to bring luggage in excess of the size and
weight prescription of the carrier including prohibition of transporting
prohibited goods including animals
• Secure necessary travel documents
o Except when the negligence was attributable to the carrier or its

Air transportation of passengers

• No person may interfere with a crew member in the performance of
his/her duties
• Each passenger shall fasten his/her seatbelt and keep it fastened
when the seatbelt sign is lighted
• No person on board an aircraft shall recklessly or negligently act as to
cause danger or harm to aircraft, persons or property
• No person may secrete for himself or herself nor secrete cargo on
board an aircraft
• No person may smoke while no smoking sign is lighted
• No person may smoke in any airplane lavatory
• No person may tamper with, disable or destroy any smoke detector in
the airplane lavatory