Documentos de Académico
Documentos de Profesional
Documentos de Cultura
A. Actionable Document
4. Ganzon v. CA (1988)
Summary: Gelacio delivered the scrap iron to Filomeno Niza, captain of the lighter for loading but it was confiscated by the
Acting Mayor who is without authority.
Laws:
Civil Code
Art. 1734
Art. 1734. Common carriers are responsible for the loss, destruction, or deterioration of the goods, unless the same is due to any
of the following causes only:
(1) Flood, storm, earthquake, lightning, or other natural disaster or calamity;
(2) Act of the public enemy in war, whether international or civil;
(3) Act of omission of the shipper or owner of the goods;
(4) The character of the goods or defects in the packing or in the containers;
(5) Order or act of competent public authority.
Art. 1736
Art. 1736. The extraordinary responsibility of the common carrier lasts 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 a right to receive them, without prejudice to the provisions of Article 1738.
Doctrines:
Pursuant to Art. 1736, such extraordinary responsibility would cease only upon the delivery, actual or constructive,
by the carrier to the consignee, or to the person who has a right to receive them. (in this case the captain as employee)
failed to show that the loss of the scraps was due to any of the following causes enumerated in Article 1734 of the
Civil Code, namely:
(1) Flood, storm, earthquake, lightning, or other natural disaster or calamity;
(2) Act of the public enemy in war, whether international or civil;
(3) Act or omission of the shipper or owner of the goods;
(4) The character of the goods or defects in the packing or in the containers;
(5) Order or act of competent public authority.
5. Dangwa Transportation Co. Inc. v. CA (1991)
Summary: Pedro Cudiamat fell from the platform of the Dangwa bus driven by Theodore M. Lardizabal and died
Laws:
Civil Code
Art. 1733
Art. 1733. Common carriers, from the nature of their business and for reasons of public policy, are bound to observe
extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them, according to all
the circumstances of each case.
Such extraordinary diligence in the vigilance over the goods is further expressed in Articles 1734, 1735, and 1745, Nos. 5, 6, and
7, while the extraordinary diligence for the safety of the passengers is further set forth in Articles 1755 and 1756.
Art. 1755
Art. 1755. A common carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the
utmost diligence of very cautious persons, with a due regard for all the circumstances
Doctrines:
GR: By contract of carriage, the carrier assumes the express obligation to transport the passenger to his
destination safely and observe extraordinary diligence with a due regard for all the circumstances, and any injury that might be
suffered by the passenger is right away attributable to the fault or negligence of the carrier
EX: carrier to prove that it has exercised extraordinary diligence as prescribed in Art. 1733 and 1755 of
the Civil Code
A public utility once it stops, is in effect making a continuous offer to bus riders (EVEN when moving as long as it is
still slow in motion)
Stepping and standing on the platform of the bus is already considered a passenger and is entitled all the rights
and protection pertaining to such a contractual relation
In tort, actual damages is based on net earnings
EXCEPTIONS:
1. Sulpicio v. CA (1995)
2. PAL v. CA (1981)
Ancillary Contracts
1. Delgado Brothers, Inc. v. Home Insurance, Inc. (1961)
2. Mayer Steel Pipe Corp. v. CA (1997)
B. Applicable laws
Article 1732 - 1766, Civil Code
SECTION 4. - Common Carriers (n)
C. Legal Effect
1. Isaac v. A.L. Ammen Trans. Co. (1957)
2. Calvo v. UCPB Gen Insurance Co. (2002)
3. Cangco v. MRR (1918)
4. Philippine Rabbit Bus Lines v. IAC (1990)
QUALIFIED BY:
1. Fabre Jr. v. CA (1996)
D. Charter Party
1. Phil Am Gen Insurance Co., et. al. v. PKS Shipping Co. (2003)
2. Caltex v. Sulpicio Lines (1999)
3. Planters Products, Inc. v CA (1993)
QUALIFIED BY:
1. National Steel Corp. v. CA (1997)
2. Valenzuela Hardwood and Industrial Supply v. CA (1997)
E. Registered Owner
1. Fores v. Miranda (1959)
2. Lim et al. v. CA (2002)
3. Lita Enterprises v. IAC (1984)
Civil Code
Article 1745
Art. 1745. Any of the following or similar stipulations shall be considered unreasonable, unjust and contrary to public policy:
(1) That the goods are transported at the risk of the owner or shipper;
(2) That the common carrier will not be liable for any loss, destruction, or deterioration of the goods;
(3) That the common carrier need not observe any diligence in the custody of the goods;
(4) That the common carrier shall exercise a degree of diligence less than that of a good father of a family, or of a man of
ordinary prudence in the vigilance over the movables transported;
(5) That the common carrier shall not be responsible for the acts or omission of his or its employees;
(6) That the common carrier's liability for acts committed by thieves, or of robbers who do not act with grave or irresistible threat,
violence or force, is dispensed with or diminished;
(7) That the common carrier is not responsible for the loss, destruction, or deterioration of goods on account of the defective
condition of the car, vehicle, ship, airplane or other equipment used in the contract of carriage.
Art. 1746
Art. 1746. An agreement limiting the common carrier's liability may be annulled by the shipper or owner if the common carrier
refused to carry the goods unless the former agreed to such stipulation.
Art. 1747
Art. 1747. If the common carrier, without just cause, delays the transportation of the goods or changes the stipulated or usual
route, the contract limiting the common carrier's liability cannot be availed of in case of the loss, destruction, or deterioration of
the goods
Art. 1748
Art. 1748. An agreement limiting the common carrier's liability for delay on account of strikes or riots is valid.
Art. 1749
Art. 1749. A stipulation that the common carrier's liability is limited to the value of the goods appearing in the bill of lading, unless
the shipper or owner declares a greater value, is binding.
Art. 1750
Art. 1750. A contract fixing the sum that may be recovered. by the owner or shipper for the loss, destruction, or deterioration of
the goods is valid, if it is reasonable and just under the circumstances, and has been fairly and freely agreed upon.
Art. 1751
The fact that the common carrier has no competitor along the line or route, or a part thereof, to which the contract refers shall be
taken into consideration on the question of whether or not a stipulation limiting the common carrier's liability is reasonable, just
and in consonance with public policy.
Art. 1752
Art. 1752. Even when there is an agreement limiting the liability of the common carrier in the vigilance over the goods, the
common carrier is disputably presumed to have been negligent in case of their loss, destruction or deterioration.
Art. 1757
Art. 1757. The responsibility of a common carrier for the safety of passengers as required in Articles 1733 and 1755 cannot be
dispensed with or lessened by stipulation, by the posting of notices, by statements on tickets, or otherwise.
Code of Commerce
Article 350
ARTICLE 350. The shipper as well as the carrier of merchandise or goods may mutually demand that a bill of lading be made,
stating:
1. The name, surname and residence of the shipper.
2. The name, surname and residence of the carrier.
3. The name, surname and residence of the person to whom or to whose order the goods are to be sent or whether they are to
be delivered to the bearer of said bill.
4. The description of the goods, with a statement of their kind, of their weight, and of the external marks or signs of the
packages in which they are contained.
5. The cost of transportation.
6. The date on which shipment is made.
7. The place of delivery to the carrier.
8. The place and the time at which delivery to the consignee shall be made.
9. The indemnity to be paid by the carrier in case of delay, if there should be any agreement on this matter.
Article 351
ARTICLE 351. In transportation made by railroads or other enterprises subject to regulation rate and time schedules, it shall be
sufficient for the bills of lading or the declaration of shipment furnished by the shipper to refer, with respect to the cost, time and
special conditions of the carriage, to the schedules and regulations the application of which he requests; and if the shipper does
not determine the schedule, the carrier must apply the rate of those which appear to be the lowest, with the conditions inherent
thereto, always including a statement or reference to in the bill of lading which he delivers to the shipper.
Article 352
ARTICLE 352. The bills of lading, or tickets in cases of transportation of passengers, may be diverse, some for persons and
others for baggage; but all of them shall bear the name of the carrier, the date of shipment, the points of departure and arrival,
the cost, and, with respect to the baggage, the number and weight of the packages, with such other manifestations which may be
considered necessary for their easy identification.
Article 718
Code of Commerce
ARTICLE 353
ARTICLE 353. The legal evidence of the contract between the shipper and the carrier shall be the bills of lading, by the
contents of which the disputes which may arise regarding their execution and performance shall be decided, no exceptions being
admissible other than those of falsity and material error in the drafting.
After the contract has been complied with, the bill of lading which the carrier has issued shall be returned to him, and by virtue of
the exchange of this title with the thing transported, the respective obligations and actions shall be considered cancelled, unless
in the same act the claim which the parties may wish to reserve be reduced to writing, with the exception of that provided for in
Article 366.
In case the consignee, upon receiving the goods, cannot return the bill of lading subscribed by the carrier, because of its loss or
of any other cause, he must give the latter a receipt for the goods delivered, this receipt producing the same effects as the return
of the bill of lading.
ARTICLE 709
ARTICLE 710
Carriage of Goods by Sea Act
Section 3
Sec. 3. (1) The carrier shall be bound before and at the beginning of the voyage to exercise due diligence to
(a) Make the ship seaworthy;
(b) Properly man,equip, and supply the ship;
(c) Make the holds, refrigerating and cooling chambers, and all other parts of the ship in which goods are carried, fit and safe for
their reception, carriage, and preservation.
(2) The carrier shall properly and carefully load, handle, stow, carry, keep, care for,and discharge the goods carried.
(3) After receiving the goods into his carrier, or the master or agent of the carrier, shall, on demand of the shipper, issue to the
shipper a bill of lading showing among other things
(a) The loading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the
loading of such goods starts, provided such marksare stamped or otherwise shown clearly upon the goods if uncovered,in such a
manner as should ordinarily remain legible until the end of the voyage.
(b) Either the number of packages or pieces, or the quantity or weight, as the casemay be, as furnished in writing by the shipper.
(c) The apparent order and conditions of the goods: Provided, that no carrier, master, or agent of the carrier, shall be bound to
state or show in the bill of lading any marks, number, quantity, or weight which he has reasonable ground for suspecting not
accurately to represent the good actually received or which he has had no reasonable means of checking.
(4) Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in
accordance with paragraphs (3) (a), (b), and (c), of this section: (The rest of the provision is not applicable to the Philippines).
(5) The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number,
quantity, and weight, as furnished by him; and the shipper shall indemnify the carrier against all loss, damages, and expenses
arising or resulting from inaccuracies in such particulars. The right of the carrier to such indemnity shall in no way limit his
responsibility and liability under the contract of carriage to any person other than the shipper.
(6) Unless notice or loss or damage and the general nature of such loss or damage by given in writing to the carrier or his agent
at the port of discharge or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under
the contract of carriage, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the
bill of lading. If the loss or damage is not apparent, the notice must be given within three days of the delivery.
Said notice of loss or damage may be endorsed upon the receipt for the goods given by the person taking delivery thereof.
The notice in writing need not be given if the state of the goods has at the time of their receipt been the subject of joint survey or
inspection.
In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within
one year after delivery of the goods or the date when the goods should have been delivered: Provided, that, if a notice of loss or
damage, either apparent or concealed, is not given as provided for in this section, that fact shall not affect or prejudice the right
of the shipper to bring suit within one year after the delivery of the goods or the date when the goods should have been
delivered.
In the case of any actual or apprehended loss or damage, the carrier and the receiver shall give all reasonable facilities to each
other for inspecting and tallying the goods.
(7) After the goods are loaded the bill of lading to be issued by the carrier, master, or agent of the carrier to the shipper shall if
the shipper so demands, be a "shipped" bill of lading: Provided, that if the shipper shall have previously taken up any document
of title to such goods, he shall surrender the same as against the issue of the "shipped" bill of lading, but at the option of the
carrier such document of title may be noted at the port of shipment by the carrier, master, or agent with the name or names of the
ship or ships upon which the goods have been shipped and the date or dates of shipment, and when so noted the same shall for
the purpose of this section be deemed to constitute a "shipped" bill of lading.
(8) Any clause, covenant, or agreement in a contract of carriage relieving the carrier of the ship from liability for loss or damage
to or in connection with the goods, arising from negligence, fault, or failure in the duties and obligations provide in this section or
lessening such liability otherwise than as provided in this Act, shall be null and void and of no effect. A benefit of insurance in
favor of the carrier, or similar clause, shall be deemed to be a clause relieving the carrier from liability.