Reviewer on Transportaion Laws

8/7/2019 Reviewer on Transportaion Laws

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Reviewer

on

Transportation Laws


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Definition of common carrier:

Common carriers are persons, corporations, firmsor associations engaged in the business of carrying or

transporting passengers or goods or both, by land,

water, or air, for compensation, offering their services

to the public.

ART. 1732


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ART. 1733

Common carriers, from the nature of their business and

for reasons of public policy, are bound to observeextraordinary diligence in the vigilance over the goodsand for the safety of the passengers transported bythem, according to all the circumstances of each case.


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ART. 1734

Common carriers are responsible for the loss, destruction, ordeterioration of the goods, unless the same is due to any ofthe 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 or omission of the shipper or owner of the goods;

(4) The character of the goods or defects in the packing or in the container;

(5) Order or act ofcompetent public authority;


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ART. 1735

In all cases other than those mentioned in Nos. 1,23,4,

and 5 of the preceding article, if the goods are lost,

destroyed or deteriorated, common carriers arepresumed to have at fault or to have acted negligently,

unless they proved that they observed extraordinary

diligence as required in Art. 1733.


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The extraordinary responsibility of the

common carriers last from the time the

goods are unconditionally placed in the

possession of, and received by the carrier

for transportation until the same aredelivered, actually or constructively, by the

carrier to the consignee, or to the person

who has the right to receive them, without

prejudice to the provisions of Article 1738.

Meaning:

ART. 1736


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The common carriers duty to

observe extraordinary diligence in

the vigilance over the goods

remains in full force and effecteven 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


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The extra ordinary liability of the

common carrier continues to be

operative even during the time the

goods are stored in a warehouse ofthe carrier at the place of

destination, until the consignee has

been advised of the arrival of the

goods and has had reasonable,

opportunity thereafter to remove

them or otherwise dispose of them.

Explanation:ART. 1738


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In order that the common carrier may be

exempted from responsibility, the natural

disaster must have been the proximate and

only cause of the loss. However, the commoncarrier must exercise due diligence to prevent

or minimize loss before, during and after the

occurrence of flood, storm, or other natural

disaster in order that the common carrier may

be exempted from liability for the loss,

destruction, or deterioration of the goods.The same duty is incumbent upon the

common carrier in case of an act of the public

enemy referred to in ART. 1734, No.2.

ART. 1739


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If the common carrier

negligently incurs in delay in

transporting the goods, a

natural disaster shall not freesuch carrier from responsibility.

Explanation:ART. 1740


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If the shipper or owner merelycontributed to the loss, destruction

or deterioration of the goods, theproximate cause thereof being the

negligence of the commoncommon carriercarrier, the

latter shall be liable in damages,

which however, shall be equitablyequitably

reducedreduced.

ART. 1741


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EvenEven if the loss, destruction, or

deterioration of the goods should

be caused by the character of

the goods, or the faultyfaulty naturenature ofofthethe packingpacking oror ofof thethe containerscontainers,

the commoncommon carriercarrier must

exercise due diligence to forestall

or lessen the loss.

ART. 1742ART. 1742


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If through orderorder ofof publicpublic authorityauthority

the goodsgoods areare seizedseized oror destroyeddestroyed,

the common carrier is not

responsible, provided said public

authority had power to issue the

order.

ART. 1743


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A stipulationbetweenthecommoncarrierand

theshipperorownerlimitingtheliabilityoftheformerfortheloss,destruction,ordeterioration

ofthegoodstoadegreelessthan

extraordinarydiligenceshallbevaliditbe:

(1) Inwriting,signedbytheshipperor

owner;

(2) Supportedbyavaluableconsideration

otherthantheservicerenderedbythe

commoncarrier;and,

(3) Reasonable, justandnotcontraryto

publicpolicy.

ART. 1744


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Any of the following or similar stipulation shall be considered unreasonable, unjust, and

contrary to public policy:

(1) That the goods are transported at the risks of the owner/shipper.transported at the risks of the owner/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 omissions of his or its

employees;

(6) That the common carriers liablity 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 defective condition of the car, vehicle, ship, airplane, and other

equipment used in the contract of carriage.

ART. 1745ART. 1745


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An agreement limiting the common carriers liability may be

annulled by the shipper or owner if the common carrier

refused to carry the goods unless the former agreed to such

stipulations.

ART. 1746ART. 1746


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If the commoncommon carriercarrier, withoutwithout justjust causecause,

delays the transportation of the goods or

changes the stipulated or usual route, the

contractcontract limitinglimiting thethe commoncommon carrierscarriers

liabilityliability cannotcannot bebe availedavailed ofof in case of the

loss, destruction or deterioration of the

goods.

ART. 1747


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An agreementagreement limitinglimiting

thethe commoncommon carrierscarriers

liabilityliability forfor delaydelay onaccount of strikesstrikes oror

riotsriots isis validvalid.

ART. 1748ART. 1748


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A stipulation that the common

carriers liability is limited to the

value of goods appearing in the billof lading, unless the shipper or

owner declares a greater value, is

binding.

ART. 1749ART. 1749


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A contract fixing the sum that may

be recovered by the owner or shipper

forfor thethe loss,loss, destruction,destruction, deteriorationdeterioration

of the goods is validvalid, if it is reasonableand just under the circumstances,

and has been fairly and freely agreed

upon.

ART. 1750ART. 1750


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The fact that the common carrier

hashas nono competitorcompetitor along the lineline oror

route,route, oror aa partpart thereofthereof, to which the

contract refers shall be taken intoconsideration on the questionquestion ofof

whetherwhether oror notnot aa stipulationstipulation limitinglimiting

thethe commoncommon carrierscarriers liabilityliability is

reasonably, just and in consonance

with public policy.

ART. 1751


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Even when there is an agreementagreement

limitinglimiting thethe liabilityliability of the common

carrier in the vigilancevigilance overover thethe goodsgoods,

the common carrier is disputablypresumed to have been negligent in

the case of loss, destruction or

deterioration.

ART. 1752


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The law of the country toto whichwhich

thethe goodsgoods areare toto bebe transportedtransported

shallshall governgovern thethe liabilityliability ofof thethe

commoncommon carriercarrier for their loss,

destruction or deterioration.

ART. 1753


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The provisions of Articles 1733 to 1753

shall apply to the passengerspassengers baggagebaggage

which is not in his personal custody or in

that of his employees. As to otherother baggagebaggage,

the rulesrules inin ArtArt.. 19981998 toto 20032003 concerning

the responsibility of hotel-keepers shall be

applicable.

ART. 1754


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SAFETY OF THE PASSENGERS


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A common carrier is bound to

carry the passengers safely as far

asas humanhuman carecare andand foresightforesight can

provide, using the utmost

diligence of very cautious

persons, with a due regard for all

the circumstances.

Definition ofextraordinaryextraordinary

diligencediligenceART. 1755


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In case of deathdeath ofof oror injuriesinjuries toto

passengerspassengers, common carriers are

presumed to have been at fault or tohave acted negligently, unless they prove

that they observed extraordinary

diligence as prescribed in ARTART.. 17331733 andand

17551755.

ART. 1756ART. 1756


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The responsibility of a common

carrier for the safety of passengers

as required in ART. 1733 and 1755

cannotcannot bebe dispenseddispensed withwith oror

lessenedlessened byby stipulationstipulation, byby postingposting ofof

notices,notices, byby statementsstatements onon tickets,tickets, oror

otherwiseotherwise.

ART. 1757


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When a passengerpassenger isis carriedcarried

gratuitouslygratuitously, a stipulation limiting

the common carriers liability for

negligence is valid, butbut notnot forforwillfulwillful actsacts oror grossgross negligencenegligence.

The reductionreduction ofof farefare doesdoes notnot

justify any limitation of the

common carriers liability.

ART. 1758ART. 1758


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CommonCommon carrierscarriers are liableliable forfor thethe

deathdeath ofof oror injuriesinjuries toto passengerspassengers through

the negligence or willful acts of theformers employees, although such

employees may have acted beyond thescope of their authority or in violation of

the orders of the common carriers.

This liability of the common carriers

does not cease upon proof that they

exercised all the diligence of a good fatherof a family in the selection and

supervision of their employees.

ART.1759


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The common carriers liability

prescribed in the preceding

Article cannotcannot bebe eliminatedeliminated oror

limitedlimited byby stipulationstipulation, by theposting of notices, by

statement on the tickets or

otherwise.

ART. 1760


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The passengerpassenger mustmust observeobserve

the diligence of a good

father of a family to avoid

injury to himself.

ART. 1761


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The contributorycontributory negligencenegligence ofof

thethe passengerpassenger doesdoes notnot barbar

recoveryrecovery ofof damagesdamages for his death

or injuries, if the proximateproximate causecause

thereofthereof isis thethe negligencenegligence ofof thethe

commoncommon carriercarrier, but the amountamount

ofof damagesdamages shallshall bebe equitablyequitably

reducedreduced.

ART. 1762


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A commoncommon carriercarrier isis responsibleresponsible forfor

injuriesinjuries sufferedsuffered byby aa passengerpassenger onon

accountaccount ofof thethe willfulwillful actsacts oror negligencenegligence

ofof otherother passengerspassengers oror ofof strangersstrangers, if the

common carriers employees through the

exercise of the diligence of a good father

of a family could have prevented or

stopped the act or omission.

ART. 1763


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ContractofcarriageContractofcarriage

or transportationor transportation

is one whereby a certain person or association of

persons obligate themeselves to transport , things or

news from one place to another for a fixed price. Such

person or association of persons are regarded as

carriers and are classified as private or special carriers

and common or public carriers.

CrisostomoCrisostomo vs. CA,vs. CA,

409SC

RA

528409SC

RA

528


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Private carrier is not bound under the law to observe extraordinary

diligence in the performance of its obligation.

The standard of care required of private carriers is that of a good

father of a family under

CrisostomoCrisostomo vs. CA,vs. CA,

409 SCRA 528409 SCRA 528


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Elements of a common

carrier

1. Anyppersons, ccorporations, ffirms oraassociations;

2. Suchpersons,corporations,firmsorassociationsmustbe

engagedinthebusinessofcarryingor transportingengagedinthebusinessofcarryingor transporting

passengersorgoodsorbothpassengersorgoodsorboth;

3. Themeansmeansofcarriageortransportingpassengers,goodsor

bothisbyland, water or airland, water or air;

4. Thatthecarryingortransportingofpassengersorgoodsor

bothisfor a fee or compensationfor a fee or compensation;and

5. Theservicesisoffered to the publicoffered to the public withoutdistinction.

De Guzman vs. CADe Guzman vs. CA

BascosBascos vs. CAvs. CA


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Reviewer on Transportaion Laws