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Vlasons Shipping vs. Nsc Case
Notice: Ocean transportation
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TRANSPORT TRANSPORTATION ATION NOTES BASED BASED ON ATTY PADILLA PADILLA’S ’S SYLLABUS SYLLABUS
PART I - COMMON CARRIERS
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CHAPTER I. DEFINITION AND CONCEPT OF COMMON CARRIER 1. ARTICLE 1732, CIVIL CODE; BROAD CONCEPT Arti Articl cle e 1732 1732.. Com Common mon carrie rriers rs are pers perso ons, ns, corpor corporatio ations, ns, firms firms or associ associati ations ons engage engaged d in the busine business ss of carryi carrying ng or transp transport orting ing passen passenger gerss or goods or both, by land, water, or air for compensation, offering their services to the public. COMMON CARRIER; CARRIER; DEFINITIO DEFINITION; N; The Civil Civil Code Code defines defines "commo "common n carrier carriers" s" in the follow following ing terms: terms: "Artic "Article le 1732. 1732. Common Common carrie carriers rs are persons, corporations, firms or associations engaged in the business of carrying carrying or transportin transportingg passengers passengers or goods or both, by land, water, or air for compensation, offering offering their services to the public." The above above articl article e makes makes no distinc distinctio tion n between between one whose principal business activity is the carrying of persons or goods or both, and one who does such carrying only as an ancillary activity activity (in local idiom, as "a sideline"). Artic Article le 1732 1732 also also care carefu full llyy avoid avoidss maki making ng any any distin distincti ction on between between a person person or enterp enterprise rise offerin offeringg regular ar or sche schedu dule led d tran transp spor orta tatio tion n serv servic ice e on a regul basis and one offering such service on an occasional, episodic or unscheduled basis . Neither does Article 1732 distinguish between a carrier offering its services to the " general public ," i.e., the gen genera erall commu community nity or popula population tion,, and one one who offe offerrs serv servic ices es or soli soliccits its busi busin ness ess onl only from from a narrow segment of the gen general eral populati population. on. We think think that that Articl Article e 1733 1733 deliber deliberate ately ly refrai refrained ned from from making making such distinctions. (De Guzman vs CA) LAW ON COMMON CARRIERS SUPPLEMENTED BY THE PUBLIC PUBLIC SERVICE SERVICE ACT; SCOPE OF PUBLIC SERVICE.
Master your semester with Scribd — So understood, the concept of "common carrier" under Article 1732 may Times be seen to coincide neatly with & The New York the notion of "public service," under the Public Service SpecialAct offer for students: OnlyAct $4.99/month. (Commonwealth No. 1416, as amended) which at leas leastt part partia iall llyy supp supplem lemen ents ts the the law law on comm common on
repair shop, wharf or dock, ice-refriger ice-refrigeration ation plant, plant, canal, canal, irriga gas, electric light, heat and power, wa and power power petrol petroleum eum,, sewera sewerage ge sys wireless communications systems, wire o broa broadc dcast astin ingg stati station onss and and othe otherr si services . . ."
1.1 De Guzman vs. CA( Junk Dealer- Cenden ISSUE 1: Is it a common carrier even if the c was only ancillary ancillary to its main business? business? HELD. Yes. Xxx although such backhauling was done on a occasio occasional nal rather rather than than regula regularr or schedu schedu and even though private principal occupation was not the carriage of others others.. The There re is no disput dispute e that that private private charged his customers a fee for hauling their g fee frequently fell below commercial freight r relevant here.
Articl Article e 1732 1732 makes makes no distin distincti ction on bet business ss activi activity ty is the whose principal busine pers person onss or good goodss or both both,, and and one one wh carrying only as an ancillary activity activity (in loca "a sideline").
1.2 Cruz vs Sun Holidays Inc (Newly Weds- P Galera-Coco Beach)
ISSUE: Is M/B Coco Beach a common carrier is not available to the general public as they for resort guests and crew members? HELD. YES.
Xxx Neither does Article 1732 distinguish b carrier offe ffering its servic vices to th public," i.e., th the general com population, and one one wh who o offer offerss serv servic ices es Read Free For 30 Days to vote on this nar rowtitle segment of businessSign onlyupfrom a narrow population . We thin th ink k that th at Arti Ar ticl cle e 1733 17 33 Useful Not useful Cancel anytime. refrained from making such distinctions.
Indee Indeed, d, resp respon onde dent nt is a comm common on
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Vlasons Shipping vs. Nsc Case
Notice: Ocean transportation
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TRANSPORT TRANSPORTATION ATION NOTES BASED BASED ON ATTY PADILLA PADILLA’S ’S SYLLABUS SYLLABUS
Petitioner Petitioner is engaged engaged in the business business of transporting transporting or carrying goods (petroleum products) for hire as a public employment. It undertakes to carry all persons indifferently, that is, to all persons who choose to employ its services,and transports the goods by land and for compensation. Under Petroleum Act of the Phil (Sec 86 of RA 387), Petitioner is a common carrier. 1.4 Calvo vs UCPB General Insurance (Customs Broker and Warehouseman) ISSUE: Is the petitoner as a customs broker and warehouseman who does not indiscriminately hold her services out to the public but only offers the same to select parties with whom she may contract in the conduct of her business a common carrier? HELD. YES. There is greater reason for holding petitioner to be a common carrier because the transportation of goods is an integral part of her business. To uphold petitioner's contention would be to deprive those with whom she contra contracts cts the protect protection ion which which the law affords affords them them notwith notwithsta standi nding ng the fact fact that that the obligat obligation ion to carry carry goods for her customers, as already noted, is part and parcel of petitioner's business. 1.5 Asia Lighterage and Shipping vs CA ISSUE: ISSUE: Petitioner alleges it has no fixed and publicly publicly known route, maintains no terminals, and issues no tickets. It points out that it is not obliged to carry indiscriminately for any person. It is not bound to carry goods unless it consents. In short, it does not hold out its services to the general public. Is it a common carrier? HELD. Yes. We therefore hold that petitioner is a common carrier whether its carrying of goods is done on an irregular rather than scheduled manner, and with an only limited clientele. A common carrier need not have fixed and Specialpublicly offer for known students: Only $4.99/month. routes. Neither does it have to maintain terminals or issue tickets.
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HELD. YES. The The true true test test for for a comm common on carr carrie ie quantity or extent of the business actually t or the number and character of the conveyanc the activity, but whether the undertaking i the activity engaged in by the carrier that h out to the general public as his business or oc
If the undertaking is a single transaction, of the gen genera erall busin business ess or occupa occupation tion enga adver advertis tised ed and and held held out out to the the gene genera ra indi individ vidua uall or the the entit entityy rend render erin ingg such such private, not a common, carrier.
Applying Applying these consideratio considerations ns to the case there is no question that the Pereñas as the op a school bus service were: (a) engaged in transporting passengers g as a business, not just as a casual occupation; (b) undertaking to carry passengers over established roads by the method by which the was conducted; and (c) transporting students for a fee. Desp catering to a limited clientèle, the Pereñas op a common carrier because they held themselv ready transportation indiscriminately to the s a particular particular school school living within or near where operated the service and for a fee. E fee. E 2. CHARACTERIS CHARACTERISTICS; TICS; TEST
TEST TO DETERMINE WHETHER A PARTY IS A CARRIER OF GOODS (FIRST PHIL. INDUSTRIA CORPORATION V. CA) [K-E-H-M berlush]
(1) He must be engaged in the business of ca goods for others as a public employment and himself as ready to engage in the transportati goods for person generally as a business and n casual occupation. Read Free Foron 30 Days Sign undertake up to vote titlegoods of the (2) He must under take tothis carry which his business is confined; Useful Not useful Cancel anytime. (3) He must undertake unde rtake to carry carry by the metho his business is conducted and over his establis and
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Vlasons Shipping vs. Nsc Case
Notice: Ocean transportation
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TRANSPORTATION NOTES BASED ON ATTY PADILLA’S SYLLABUS
public for hire does not carry with it the right to conduct that business as one pleases, without regard to the interests of the public, and free from such reasonable and just regulations as may be prescribed for the protection of the public from the reckless or careless indifference of the carrier as to the public welfare and for the prevention of unjust and unreasonable discriminations of any kind whatsoever in the performance of the carrier's duties as a servant of the public. 2.2 US vs Quinajon (Delivery Price for Provincial Govt is higher) ISSUE: Can a common carrier charge higher price for the same service? HELD. No. Common carriers are allowed to fix rates byt not undue discrimination.
2.5 Certificate of Public Convenience
A certificate of public convenience (CPC authorization granted by the LTFRB for the op of land transportation services for public use required by law.
Pursuant to Section 16(a) of the Public Se Act, as amended, the following requirement be met before a CPC may be granted, to wit
(i) the applicant must be a citizen of the Philippines, or a corporation or co-partnership association or joint-stock company constitute organized under the laws of the Philippines, a 60 per centum of its stock or paid-up capital m belong entirely to citizens of the Philippines;
(ii) the applicant must be financially undertaking the proposed service and meetin responsibilities incident to its operation; and
Act No. 98 does not prohibit the charging of a (iii) the applicant must prove that the op different rate for the carrying of passengers or of the public service proposed and the autho property when the actual cost of handling and to do business will promote the public intere transporting the same is different. Common carriers proper and suitable manner . It is understood can not make a different rate to different persons for there must be proper notice and hearing befo carrying persons or merchandise, unless the actual PSC can exercise its power to issue a CPC. cost of handling and shipping is different. It is when the price charged is for the purpose of favoring DeaGuzman You're Reading Previewvs. CA ( Junk dealer- Cendena) persons or localities or particular kinds of merchandise, that the law intervenes and prohibits. It 2. trial. Is he a common carrier even if he with a free is favoritism and discrimination which the lawUnlock full access ISSUE posses CPC? prohibits. If the services are alike and contemporaneous, discrimination in the price charged HELD. Download With FreeYES. Trial is prohibited. Certificate of public convenience is not a re 2.3 Loadstar Shipping Co. Vs CA the incurring of liability under the It is not necessary that a common carrier be issued a provisions governing common carriers. Th certificate of public convenience, and this public arises the moment a person or firm acts as character is not altered by the fact that the carriage of carrier, without regard to whether or not su the goods in question was periodic, occasional, episodic has alsoRead complied the requirem Free Forwith 30this Days Sign up to vote on title or unscheduled. im applicable regulatory statute and A certificate of public convenience is not a requisite Useful Not useful andCancel regulations hasanytime. been granted a certificat for the incurring of liability under the Civil Code convenience or other franchise. To exe Special offer for students: Only $4.99/month. provisions governing common carriers.That liability respondent from the liabilities of a com arises the moment a person or firm acts as a common
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Vlasons Shipping vs. Nsc Case
Notice: Ocean transportation
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TRANSPORTATION NOTES BASED ON ATTY PADILLA’S SYLLABUS
2.6.1. Registered owner rule 2.6.2 Cebu Salvage Corporation vs. Philippine Home Assurance Corp ISSUE: May a carrier be held liable for the loss of cargo resulting from the sinking of a ship it does not own? HELD. YES. It had control over what vessel it would use. All throughout its dealings with MCCII, it represented itself as a common carrier. The fact that it did not own the vessel it decided to use to consummate the contract of carriage did not negate its character and duties as a common carrier.
The MCCII (respondent's subrogor) could not be reasonably expected to inquire about the ownership of the vessels which petitioner carrier offered to utilize. As a practical matter, it is very difficult and often impossible for the general public to enforce its rights of action under a contract of carriage if it should be required to know who the actual owner of the vessel is.
the Civil Code
Diligence required is only ordinary, that is, the diligence of a good father of the family.
the Civil Code Service Act, and special laws rela transportation. -required to obs extraordinary di and is presumed fault or to have negligently in ca loss of the effec passengers, or or injuries to pa
3.1 PLANTERS PRODUCT INC. VS CA (Charte ISSUE: Does a charter-party between a shipow charterer transform a common carrier into a p as to negate the civil law presumption of neg case of loss or damage to its cargo? HELD. NO.
When petitioner chartered the vessel M/V Plum", the ship captain, its officers and comp were under the employ of the shipowner and continued to be under its direct supervision an Hardly then can we charge the charterer, a st 2.6.3 NONVESSEL OPERATING COMMON CARRIER the crew and to the ship, with the duty of car (NVOCC) cargo when the charterer did not have any co You're Reading a Preview the means in doing so. This is evident in the p Non-Vessel Operating Common Carrier that the steering of the ship Unlock full access case with aconsidering free trial. (NVOCC) refers to an entity, which may or may not own manning of the decks, the determination of t or operate a vessel that provides a point-to-point of the voyage and other technical incidents o service which may include several modes of transport Download With Free Trial navigation were all consigned to the officers and/or undertakes group age of less container load (LCL) who were screened, chosen and hired by the shipments and issues the corresponding transport shipowner. document| It is therefore imperative that a public ca || remain as such, notwithstanding the charter o 3. DISTINGUISH FROM PRIVATE CARRIER whole or portion of a vessel by one or more pe A carrier is a person or corporation who undertakes providedRead the up charter ison limited to theship only Free For 30this Days to transport or convey goods or persons from one place Sign to vote title case of a time-charter or voyage-charter. to another, gratuitously or for hire. The carrier is Useful Not useful Cancel anytime. classified either as a private/special carrier or as a It is only when the charter includes both Specialcommon/public offer for students: Only $4.99/month. carrier. vessel and its crew, as in a bareboat or dem PRIVATE CARRIER COMMON CARRIER In fact, in this case, the voyage charter itself denominated petitioner as the "owner/operator" of the vessel.
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Vlasons Shipping vs. Nsc Case
Notice: Ocean transportation
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TRANSPORTATION NOTES BASED ON ATTY PADILLA’S SYLLABUS
Charter parties are of two types:
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(a) contract of affreightment which involves the use of shipping space on vessels leased by the owner in part or as a whole, to carry goods for others; and, (b) charter by demise or bareboat charter, by the terms of which the whole vessel is let to the charterer with a transfer to him of its entire command and possession and consequent control over its navigation, including the master and the crew, who are his servants. Contract of affreightment may either be time charter, wherein the vessel is leased to the charterer for a fixed period of time, or voyage charter, wherein the ship is leased for a single voyage. In both cases, the charter-party provides for the hire of the vessel only, either for a determinate period of time or for a single or consecutive voyage, the shipowner to supply the ship's stores, pay for the wages of the master and the crew, and defray the expenses for the maintenance of the ship. 3.2 SAN PABLO VS PANTRANCO (Open Sea not continuation of Highway)
3.3 Limited Clientele 3.3.1 Philippine American General Insuranc PKS Shipping Company ISSUE: Is PKS Shipping company a commo albeit its limited clientele? HELD. YES.
Respondent PKS Shipping Corp transported 75,000 bags of cement of petitioner DUMC in The bags of cement sank together with the ba the latter was being towed by a tug boat.
SC declared that PKS was a common carrie it was engaged in the business of carrying goo others for a fee.
The regularity of its activities in this area more than just a casual activity on its part. N the concept of a common carrier change mere because individual contracts are executed or into with patrons of the carrier. Such restrict interpretation would make it easy for a comm to escape liability by the simple expedient of into those distinct agreements with clients.
3.3.2. FGU Insurance Corp. Vs G.P. Sarmien Trucking Corp. (Exception: Limited Clientel
ISSUE: Is GPS a private carrier for having a li You're Reading a Preview The contention of private respondent PANTRANCO clientele as evidenced by a special contract that its ferry service operation is as a private carrier, Unlock full access with a free trial. not as a common carrier for its exclusive use in the HELD. Yes. ferrying of its passenger buses and cargo trucks is GPS, being an exclusive contractor and ha absurd. Download With Free TrialIndustries, Inc., rendering or offe Concepcion PANTRANCO does not deny that it charges its services to no other individual or entity, cann passengers separately from the charges for the bus trips considered a common carrier. and issues separate tickets whenever they board the Common carriers are persons, corporation M/V "Black Double" that crosses Matnog to associations engaged in the business of carryi Allen, PANTRANCO cannot pretend that in issuing transporting passengers or goods or both, by tickets to its passengers it did so as a private carrier and water, or air, for hire or compensation, offer Read Free For 30 Days not as a common carrier. Sign up to vote on this title services to the public, whether to the public
Master your semester with Scribd & The New York Times CERTIFICATE OF PUBLIC CONVENIENCE SpecialSEPARATE offer for students: Only $4.99/month. MUST BE SECURED. — Respondent PANTRANCO should
or to a limited clientele in useful particular, but nev Useful Not Cancel anytime. exclusive basis. The true test of a common carrier is the ca
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Vlasons Shipping vs. Nsc Case
Notice: Ocean transportation
Search document
TRANSPORTATION NOTES BASED ON ATTY PADILLA’S SYLLABUS
(b) TRAMP SERVICES [ “Contract carrier”, but may be considered a common carrier] -usually gets a full cargo loaded by a single shipper and such cargoes are most often in bulk or in standard packages and standard packages and typically consist of raw materials, fuels and unprocessed foods so vital to the world economy. -operation of a contract carrier which has no regular and fixed routes and schedules but accepts cargo wherever and whenever the shipper desires, is hired on a contractual basis, or chartered by anyone or few shippers under mutually agreed terms and usually carries bulk or break bulk cargoes. 4. CONTRACT OF CARRIAGE DISTINGUISHED FROM OTHER TRANSACTIONS 4.1 Towage Baer Senior & Co. Vs La Compania Maritima
extraordinary degree of diligence in the con business as required by law for common car warehousemen. HELD. NO.
Mindanao Terminal, a stevedoring compan was charged with the loading and stowing the of Del Monte Produce aboard M/V Mistrau, merely as a labor provider in the case at bar. no specific provision of law that impose degree of diligence than ordinary dilige stevedoring company or one who is charged o the loading and stowing of cargoes. We conclude that following Article 1173, Terminal was required to observe ordinary d only in loading and stowing the cargoes of D Produce aboard M/V Mistrau.
DISTINCTION BETWEEN ARRASTRE AND STEV Arrastre, a Spanish word which refers to ha ISSUE: Is there a presumption of negligence in a cargo, comprehends the handling of carg contract to tow? wharf or between the establishment of the co HELD. No. or shipper and the ship's tackle. The respons A general ship carrying goods for hire, whether the arrastre operator lasts until the deliver employed in internal, in coasting, or in foreign cargo to the consignee. The service commerce, is a common carrier; and the ship and her performed by longshoremen. On the ot owners, in the absence of a valid agreement to the stevedoring refers to the handling of the car contrary, are liable to the owners of the goods carried holds of the vessel or between the ship's ta You're Reading as insurers against all losses, excepting only such thea Preview holds of the vessel. The responsibil irresistible causes as the act of God and public enemies. stevedore ends upon the loading and stowin full access cargo with a free trial.vessel. But a tug and her owners are subject toUnlock no such in the liability to the owners of the vessels towed, or of the cargoes can not maintain any action for the loss of Download With Free Trial either against the tug of her owners, without proving STEVEDORES ARE NOT COMMON CA negligence on her part. stevedore is not a common carrier for it As was said by Mr. Justice Strong, and repeated by transport goods or passengers; it is not the present Chief Justice: "An engagement to tow does warehouseman for it does not store goods fo not impose either an obligation to insure or the The loading and stowing of cargoes would no liability of common carriers. The burden is always upon far reaching public ramification as that of a is ad him who alleges the breach of such a contract to show carrier and warehouseman; the public Read Free Foron 30this Days Signa up to vote title quas either that there has been no attempt at performance, protected by our laws on contract and on Useful Not useful policy or that there has been negligence or unskillfulness to his The public in legally Cancelconsiderations anytime. Specialinjury offer for students: Only $4.99/month. in the performance. Unlike the case of common upon a common carrier or a warehouseman carriers, damage sustained by the tow does not degree of diligence is not present in a
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Vlasons Shipping vs. Nsc Case
Notice: Ocean transportation
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TRANSPORTATION NOTES BASED ON ATTY PADILLA’S SYLLABUS
akin to that existing between the consignee and/or the owner of the shipped goods and the common carrier, or that between a depositor and warehouseman. In the performance of its obligations, an arrastre operator should observe the same degree of diligence as that required of a common carrier and a warehouseman. Being the custodian of the goods discharged from a vessel, an arrastre operator's duty is to take good care of the goods and to turn them over to the party entitled to their possession.
Asian Terminals vs FIrst Lepanto- Taisho Insurance Co.
In a claim for loss filed by the consignee, the burden of proof to show compliance with the obligation to deliver the goods to the appropriate party devolves upon the arrastre operator. Since the safekeeping of goods is its responsibility, it must prove that the losses were not due to its negligence or to that of its employees. To avoid liability, the arrastre operator must prove that it exercised diligence and due care in handling the shipment. 4.4 Freight Forwarding -refers to a firm holding itself out to the general public to provide transportation of property for compensation and, in the ordinary course of its business. Freight Forwarder refers to a local entity that acts
is therefore, nether a private nor a common c Caravan did not undertake to transport pe from one place to another since its convenan customers is simply to make travel arrangeme The object of the contractual relation wot Travels is the service of arranging and facil petitioners booking, ticketing and accomodat package tour. In contrast, the object of a con carriage is the transportation of passengers o
4.6 TRANSPORT NETWORK COMPANIES (TNS TRANSPORTATION NETWORK VEHICLE SERVI LTFRB MEMORANDUM CIRCULAR NO. 2015-0
Transportation Network Company (TNC) shall an "organization whether a corporation, partn sole proprietor, that provides pre-arranged transportation services for compensation usin internet-based technology application or digi platform technology to connect passengers w using their personal vehicles."|||
Transport Network Vehicle Services (TNVS) is official term used to describe vehicle owners provide services via the Uber or Grabcar appl according to Memorandum Circulars #2015-01 the Land Transportation Franchising & Regula or LTFRB.
You're as a cargo intermediary and facilitates transport of Reading a Preview goods on behalf of its client without assuming the role TNC TNV Unlock full access with a free trial. of a carrier, which can also perform other forwarding -does not require -required to sec services, such as booking cargo space, negotiating Certificate of public Certificate of Pu freight rates, preparing documents, advancingDownload freight convenience Convenience With Free Trial payments, providing packing/crating, trucking and -The internet-based -the registere warehousing, engaging as an agent/representative of a digital technology app which the TNC c foreign non-vessel operating as a common carrier/cargo that provides services by passenger to. consolidator named in a master bill of lading as connecting available consignee of a consolidated shipment, and other related registered vehicles with undertakings.||| registered customers who requestRead rides. (Uber, Free Foron 30this Days Sign up to vote title Unsworth Transport International Inc. vs CA Grabcar) Useful Not useful
Master your semester with Scribd & The New York Times Special offer for students: Only $4.99/month. A freight forwarders liability is limited to damages arising from its own negligence, including negligence in
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----> Surge Pricing (Alternate Surge Pricing)
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Vlasons Shipping vs. Nsc Case
Notice: Ocean transportation
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TRANSPORTATION NOTES BASED ON ATTY PADILLA’S SYLLABUS
privati only. When, therefore, one devotes his property
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to a use in which the public has an interest, he, in effect grants to the public an interest in that use, and must submit to the control by the public for the common good, to the extent of the interest he has thus created. 5.2 Tatad vs Garcia Jr. OPERATION OF PUBLIC UTILITY AND OWNERSHIP OF FACILITIES, DISTINGUISHED.
incorporated in the contract (R.A. No. 6957
Emphasis must be made that under the scheme, the owner of the infrastructure facil comply with the citizenship requirement of th Constitution on the operation of a public utilit a requirement is imposed in the BT scheme.
5.3 REGISTERED OWNER RULE -RA 4136, “ The Land Transportation a — In law, there is a clear distinction between the Code” "operation" of a public utility and the ownership of the -the person who is the registered owner facilities and equipment used to serve the public. vehicle is liable for any damage caused by the operation of the vehicle although the same w Ownership is defined as a relation in law by sold or conveyed to another person at the tim virtue of which a thing pertaining to one person is accident. completely subjected to his will in everything not 5.3.1 Gelisan vs Alday prohibited by law or the concurrence with the rights of ISSUE: Should owner be liable for damages c another. The exercise of the rights encompassed in a leasee of his public vehicle and that there ownership is limited by law so that a property cannot be stipulation in the lease contract that he sha operated and used to serve the public as a public utility liable for damages to third persons? unless the operator has a franchise. HELD. Yes. The operation of a rail system as a public utility The claim of the petitioner that he is not includes the transportation of passengers from one view of the lease contract executed by and b point to another point, their loading and unloading at him and Roberto Espiritu which exempts him designated places and the movement of the trains at liability to third persons, cannot be sustained pre-scheduled times. The right to operate a public appears that the lease contract, adverted to, utility may exist independently and separately from the been approved by the Public Service Commiss You're Reading a Preview ownership of the facilities thereof. settled in our jurisprudence that if the prop covered by a franchise is transferred or leas One can own said facilities without operating Unlock full access with a free trial. another without obtaining the requisite app them as a public utility, or conversely, one may operate transfer is not binding upon the public and t a public utility without owning the facilities used to persons. Download Free Trial serve the public. The devotion of property to serve the With
public may be done by the owner or by the person in control thereof who may not necessarily be the owner thereof BUILD-OPERATE-AND-TRANSFER (BOT) SCHEME; BUILD-AND-TRANSFER (BT) SCHEME; DEFINED AND DISTINGUISHED.
Master your semester with Scribd & The New York Timesdefined as one where BOT scheme — The is expressly Specialthe offer for students: Only $4.99/month. contractor undertakes the construction and financing of an infrastructure facility, and operates and
REASON: Since a franchise is PERSONAL in na transfer or lease thereof should be notified to Public Service Commission so that the latter m proper safeguards to protect the interest of t
In fact, the requires that, before th Read Free For 30this Days Sign up tolaw vote on title is granted, there should be a public hearing, w Useful Not useful to all interested parties, Cancel anytime.in order that the may determine if there are good and reasona grounds justifying the transfer or lease of the
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Vlasons Shipping vs. Nsc Case
Notice: Ocean transportation
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TRANSPORTATION NOTES BASED ON ATTY PADILLA’S SYLLABUS
5.3.2 Benedicto vs Intermediate Appellate Court ISSUE: Should petitioner be held liable for undelivered or loss cargo by the buyer of a vehicle registered under her name? HELD. YES. There is no dispute that petitioner Benedicto has been holding herself out to the public as engaged in the business of hauling or transporting goods for hire or compensation. Petitioner Benedicto is, in brief, a common carrier.
responsibility therefor can be fixed on a defin individual, the registered owner.
EVIDENCE; REGISTERED OWNER NOT ALLOW PROVE ACTUAL OWNER OF VEHICLE; POLICY LAW.
— The law does not allow the registered owne prove who the actual owner is; the law, with and policy in mind, does not relieve him direc the responsibility that the law fixes and place him as an incident or consequence of registra Were the registered owner allowed to evade responsibility by proving who the supposed tr or owner is, it would be easy for him by collus others or otherwise, to escape said responsib transfer the same to an indefinite person. or who possesses no property with which to resp financially for the damage or injury done.
The prevailing doctrine on common carriers makes the registered owner liable for consequences flowing from the operations of the carrier, even though the specific vehicle involved may already have been transferred to another person. This doctrine rests upon the principle that in dealing with vehicles registered under the Public Service Law, the public has the right 5.4. KABIT SYSTEM to assume that the registered owner is the actual or -is an arrangement whereby a person wh lawful owner thereof. granted a certificate of public convenience a It would be very difficult and often impossible as another person who own motor vehicles to op a practical matter, for members of the general public to under his license, sometimes for a fee, or per enforce the rights of action that they may have for the earnings. injuries inflicted by the vehicles being negligently - A certificate of public convenience is a operated if they should be required to prove who the privilege conferred by the government. Abuse actual owner is. privilege by the grantees thereof cannot be The registered owner is not allowed to deny You're Reading a Preview countenanced. The "kabit system" has been id liability by proving the identity of the alleged one of the root causes of the prevalence of gr transferee. Thus, contrary to petitioner's claim, private Unlock full access with a free trial. corruption in the government transportation o respondent is not required to go beyond the vehicle's certificate of registration to ascertain the owner of the -In the words of Chief Justice Makalintal, Download With Free Trial carrier. Octavio, 51 O.G. 4059) "this is a pernicious sy cannot be too severely condemned. It constit imposition upon the good faith of the govern To permit the ostensible or registered owner to 5.4.1 Santos vs. Sibug prove who the actual owner is, would be to set at ISSUE: Can Santos annul the levy on a vehicl naught the purpose or public policy which infuses that registered under the name of Vidad, doctrine the op Read Free For 30 Days Sign up to vote on this title with the claim that he is the real owner? 5.3.3 Erezo vs Jepte Useful Not useful HELD. NO. Cancel anytime. The registered owner of any vehicle, even if not SANTOS had fictitiously sold the jeepney Specialused offerfor for astudents: Only $4.99/month. public service, should primarily be who had become the registered owner and op responsible to the public or to third persons for
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TRANSPORTATION NOTES BASED ON ATTY PADILLA’S SYLLABUS
SANTOS, as the kabit, should not be allowed to defeat the levy on his vehicle and to avoid his responsibilities as a kabit owner for he had led the public to believe that the vehicle belonged to VIDAD. This is one way of curbing the pernicious kabit system that facilitates the commission of fraud against the travelling public. 5.4.2 Lita Enterprises vs IAC (Taxi cars, renting of franchise) "Ex pacto illicito non oritur actio " [No action arises out of an illicit bargain] ISSUE: Can parties to a Kabit System” seek the aid of the court in resolving their disputes (demand for the return of certificates of registration)? HELD. NO.
representation, or misrepresentation, as rega ownership and operation of the passenger jee made and to whom no such representation, o misrepresentation, was necessary. Thus it can said that private respondent Gonzales and registered owner of the jeepney were in esto leading the public to believe that the jeepney to the registered owner.
Third , the riding public was not bothere
inconvenienced at the very least by the illega arrangement. On the contrary, it was private respondent himself who had been wronged an seeking compensation for the damage done to Certainly, it would be the height of inequity to his right.
In light of the foregoing, it is evident th respondent has the right to proceed against p for the damage caused on his passenger jeepn as on his business.
It is a fundamental principle that the court will not aid either party to enforce an illegal contract, but will leave them both where it finds them. Upon this premise, it was flagrant error on the part of both the KABIT SYSTEM; DEFINED AND CONSTRUED A trial and appellate courts to have accorded the parties CONTRARY TO PUBLIC POLICY; RATIONALE. relief from their predicament. Article 1412 of the Civil Code denies them such aid. In the early case of Dizon v . Octavio the The principle of in pari delicto states that: "The explained that one of the primary factors con proposition is universal that no action arises, in equity the granting of a certificate of public conveni or at law, from an illegal contract; no suit can be the business of public transportation is the fin maintained for its specific performance, or to You're recoverReading a Preview capacity of the holder of the license, so that the property agreed to be sold or delivered, or damages arising from accidents may be duly compensa for its violation. The rule has sometimes been Unlock laid down full access The with kabit a free trial. system renders illusory such purpos as though it was equally universal, that where the worse, may still be availed of by the grantee parties are in pari delicto , no affirmative relief of any civil liability Free Trial caused by a negligent use of a ve kind will be given to one against the other." Download With owned by another and operated under his lice 5.4.3 Teja Marketing vs IAC registered owner is allowed to escape liabilit ISSUE: Can petitioner seek the aid of the court for the proving who the supposed owner of the vehic return of a motor vehicle purchased by respondent would be easy for him to transfer the subject but failed to pay in full, when it is stated that the another who possesses no property with whic same is still registered in the name of petitioner and respond financially for the damage done. Thu may was operated under the latter’s franchise? safety ofRead passengers and public who Free For 30the Days Sign up to vote on this title wronged and deceived through the Useful Not useful the registered owner o HELD. No. kabit system, baneful Cancel anytime. The court ruled that it will not aid either party to Special offer for students: Only $4.99/month. vehicle is not allowed to prove that another p enforce an illegal contract . become the owner so that he may be thereby
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Vlasons Shipping vs. Nsc Case
Notice: Ocean transportation
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TRANSPORTATION NOTES BASED ON ATTY PADILLA’S SYLLABUS
of the amount of fares collected by him over the amount he pays to the jeep-owner, and that the gasoline consumed by the jeeps is for the account of the driver — are not sufficient to withdraw the relationship between them from that of employer and employee. Consequently, the jeepney-owner is subsidiary liable as employer in accordance with Art. 103, Revised Penal Code. 5.5.2 Sps. Hernandez vs Sps Dolor Employers are solidarily liable with their employees for quasi-delicts.
The Hernandez spouses maintained that Julian Gonzales is not their employee since their relationship relative to the use of the jeepney is that of a lessor and a lessee. They argue that Julian Gonzales pays them a daily rental of P150.00 for the use of the jeepney. In essence, petitioners are practicing the "boundary system" of jeepney operation albeit disguised as a lease agreement between them for the use of the jeepney. SC held that an employer-employee relationship exists between the Hernandez spouses and Julian Gonzales.
Goods by Sea Act? HELD. The law of the country to which the goo be transported governs the liability of the com carrier in case of their loss, destruction or deterioration. As the cargoes in question wer transported from Japan to the Philippines, th of Petitioner Carrier is governed primarily by Code. However, in all matters not regulated b Code, the rights and obligations of common ca be governed by the Code of Commerce and by laws. Thus, the Carriage of Goods by Sea Act, law, is suppletory to the provisions of the Civ 6.4 National Development Co. Vs CA ISSUE: Which law should govern? HELD. In the case at bar, it has been establishe goods in question are transported from San Fr California and Tokyo, Japan to the Philippine they were lost or damaged due to a collision w found to have been caused by the negligence both captains of the colliding vessels. Under t ruling, it is evident that the laws of the Philip apply, and it is immaterial that the collision a occurred in foreign waters, such as Ise Bay, Ja
Indeed to exempt from liability the owner of a public vehicle who operates it under the "boundary system" on the ground that he is a mere lessor would be 7. OBLIGATIONS OF COMMON CARRIER, IN G not only to abet flagrant violations of the Public Service - the duties of the common carrier are: You're Reading a Preview Law, but also to place the riding public at the mercy of (1) to accept passengers and goods withou reckless and irresponsible drivers — reckless because Unlock full access discrimination; with a free trial. the measure of their earnings depends largely upon the (2) To seasonably deliver the goods or to brin number of trips they make and, hence, the speed at passenger to the destination; Download Trial the goods to the proper person which they drive; and irresponsible because most if not With (3)Free To deliver all of them are in no position to pay the damages they (4) To exercise extraordinary diligence in the might cause. performance of dutiesl (5) To transfer goods to the proper destinatio 6. GOVERNING LAW ON COMMON CARRIERS -Art 1766 of CC expresses the primacy of the Code over the laws that were in force prior to its enactment. -Art 1766 states that “In all matters not regulated by this Code, the rights and obligations of common Specialcarriers offer forshall students: Only $4.99/month. be governed by the Code of Commerce and by special laws.
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7.1 Commencement Read Freevote Foron 30this Days Sign up title - “from the timetothe goods are unconditionally Useful Not useful received by the carrier the possession of, and Cancel anytime. transportation” -Art 1736 7.2 Duty to ACCEPT; Exceptions
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Vlasons Shipping vs. Nsc Case
Notice: Ocean transportation
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TRANSPORTATION NOTES BASED ON ATTY PADILLA’S SYLLABUS
(6) Goods will be exposed to untoward danger like flood, capture by enemies and the like; (7) Goods like livestock will be exposed to diseases; (8) Strike; and (9) Failure to tender goods on time.
perfected by mere consent (See Article 1356, of the Philippines) and b) the contract 'of carriage' or 'of comm carriage' itself which should be considered as contract for not until the carrier is actually us carrier be said to have already assumed the o of a carrier. (British Airways vs CA)
7.2.1 International Maritime Dangerous Goods (IMDG) Code 7.2.2 MARINA Circular No. 1 Series of 2008 (Carriage 8.1.1 British Airways Inc. Vs CA of Dangerous Goods in Domestic Trade 7.3 Duty to Deliver ISSUE: Is there a perfected contract of carri -duty bound to deliver within the time agreed upon to existing between them as no ticket was ever the designated consignee. private respondent’s contract workers? - “a carrier is not an insurer against delay in the HELD. Yes. transportation of goods. When a common carrier In the instant case, the contract 't undertakes to convey goods, the law implies a contract the one involved, which is consensual and is p that they shall be delivered at destination within a by the mere consent of the parties. reasonable time, in the absence, of any agreement as to "There is no dispute as to the appellee's c the time of delivery.” (Saludo Jr. Vs CA) the said contract 'to carry' its contract worker 7.3.1 Actual vs Constructive Delivery Manila to Jeddah. The appellant's consent the 7.3.2 Code of Commerce Provisions on Delay the other hand, was manifested by its accept 7.3.3 Where and to Whom Delivered the PTA or prepaid ticket advice that ROLACO Code of Commerce. Engineering has prepaid the airfares of the ap Art 368. The carrier must deliver to the consignee, contract workers advising the appellant that without any delay or obstruction, the goods which he transport the contract workers on or before t may have received, by the mere fact of being named March, 1981 and the other batch in June, 198 in the bill of lading to receive them; and if he does not do so, he shall be liable for the damagesYou're which Reading a Preview may be caused thereby. 8.2 Carriage of Goods Unlock full access with a free trial.
-parties: Art 369. If the consignee cannot be found at the (1) Shipper-the person who pays the con residence indicated in the bill of lading, or ifDownload he or on whose With Free Trialbehalf payment is made. refuses to pay the transportation charges and (2) Carrier- person who delivers the good expenses, or If he refuses to receive the goods, the transportation municipal judge, where there is none of the first (3) Consignee-the person to whom the go instance, shall provide for their deposit at the be delivered. disposal of the shipper, this deposit producing all the effects of delivery without prejudice to third parties 8.3 Carriage of Passengers with a better right. Free For 30 Days Sign up to vote on this title (1) Read Passengerone who travels in a publ
Master your semester with Scribd & The New York Times 7.3.3.1 Place SpecialCode offer of for Commerce. students: OnlyArt $4.99/month. 360. The shipper, without changing the place where the delivery is to be made,
conveyance by virtue contract, useful express or Useful ofNot Cancel anytime. with the carrier as to the payment of fare or t is accepted as an equivalent thereof.
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Vlasons Shipping vs. Nsc Case
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TRANSPORTATION NOTES BASED ON ATTY PADILLA’S SYLLABUS
flight of July 22, 2008.
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CHAPTER II. CONTRACT OF COMMON CARRIAGE
lading and was signed by the subordinat shipper.
1.1.2 Doctrine for Non-delegable Duty as app Common Carriers
A. VIGILANCE OVER GOODS 1.2 Carriage by Sea 1. EXTRAORDINARY DILIGENCE REQUIRED OF COMMON CARRIER 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 transported by them, according to all circumstances of each case. Such extraordinary diligence in the vigilance over the goods is further expressed in Articles 1734, 1735, an 1745, Nos. 5,6,and 7, while the extraordinary diligence for safety of the passengers is further set forth in Articles 1755 and 1756.
1.2.1 Seaworthiness; Meaning -fit or safe for voyage. Seaworthiness is that strength, durability engineering skill made a part of a ship's cons and continued maintenance, together with a c and sufficient crew, which would withstand th vicissitudes and dangers of the elements whic reasonably be expected or encountered durin voyage without loss or damage to her particul For a vessel to be seaworthy, it must be a equipped for the voyage and manned with a s crew. Failure of a common carrier to maintain seaworthy condition the vessel involved in its of carriage is a clear breach of its duty prescr 1755 of CC.
1.1 Definition and Reason for the Policy With respect to carriage of goods, Extraordinary diligence is the extreme measure of care and caution which persons of unusual prudence and 1.2.1.1 Case Law circumspection use for securing and preserving their Standard Vacuum Oil Company vs Luzon Ste own property rights. The extraordinary diligence required of common ISSUE: Has defendant proven that its failure carriers is calculated to protect the passengers from the the gasoline to its place of destination is du tragic mishaps that frequently occur in connection with You're Reading a Preview accident or force majeure or to a cause bey rapid modern transportation. Unlock full access control? with a free trial. A common carrier is presumed to have been HELD. No. negligent if it fails to prove that it exercised extraordinary vigilance over the goods it Download With The Freefact Trial that the tugboat was a surplus pro transported. When the goods shipped are either lost not been dry-docked, and was not provided w or arrived in damaged condition, a presumption arises requisite equipment to make it seaworthy, sh against the carrier of its failure to observe that defendant did not use reasonable diligence in diligence, and there need not be an express finding of the tugboat in such a condition as would mak negligence to hold it liable. safe for operation. To overcome the presumption of negligence, the Free Foron 30 Days Sign up to case, vote this title In theRead present the gasoline was common carrier must establish by adequate proof deliv accordance with the contract but defendant f Useful Not useful that it exercised extraordinary diligence over the Cancel anytime. transport it to its place of destination, not be Itstudents: must doOnly more than merely show that some Specialgoods. offer for $4.99/month. accident or force majeure or cause beyond it other party could be responsible for the damage.
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Vlasons Shipping vs. Nsc Case
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TRANSPORTATION NOTES BASED ON ATTY PADILLA’S SYLLABUS
involved in a contract of carriage is a clear breach of its duty prescribed in Article 1755 of the Civil Code." 1.2.1.2 Statutes in Pari Materia COGSA
life-saving, communication, safety and other operated and maintained in accordance with standards set by MARINA, and manned by duly and competent vessel crew.
SECTION 3. (1) The carrier shall be bound, before and at the beginning of the voyage, to exercise due diligence to —
1.2.3 Does Presumption of Fault Translate t Presumption of Unseaworthiness?
(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. INSURANCE CODE Sec 116. A warranty of seaworthiness extends not only to the condition of the structure of the ship itself, but requires that it be properly laden, and provided with a competent master, a sufficient number of competent officers and seamen, and the requisite appurtenances and equipment, such as ballasts cables and anchors, cordage and sails, food, water, fuel and light, and other necessary or proper stores and implements for the voyage.
1.2.4. Presumption of Unseaworthiness in C Cases A vessel is not required to be in perfect cond seaworthy. Moreover, the mere happening of accident aboard a vessel does not raise a pres the vessel was unseaworthy. However, a presu unseaworthiness does arise if the vessel's equ fails under normal use. A presumption of unseaworthiness also arises if the vessel sinks explanation in fair weather and calm seas. A c from a classification society or marine survey conclusive as to a vessel's seaworthiness.
1.2.5. Cargoworthiness; Meaning -means that the vessel must be sufficien and equipped to carry the particular kind of ca she has contracted to carry the particular kin which se has contracted to carry and her carg so loaded that it is safe for her to proceed on voyage.
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1.2.5.1 Santiago Lighterage Corp. V CA Sec 119. A ship which is seaworthy for the purpose of an Unlock full access with a free trial. insurance upon the ship may, nevertheless, by reason of In examining what is meant by seaworthin being unfitted to receive the cargo, be unseaworthy for must bear in mind the dual nature of the carr the purpose of insurance upon the cargo. Download With Free Trial obligations under a contract of affreightment. these duties the vessel must (a) be efficient a 1.2.2 When Should a Ship be Seaworthy? instrument of transport and (b) as a storehous 1.2.2.1 COGSA cargo. The latter part of the obligation is som Sec 3(1) of COGSA, provides that ship should be referred to as cargoworthiness. seaworthy before and at the beginning of the voyage
Master your semester with Scribd 1.2.2.2 Common Law; Doctrine of Stages & TheItNew York Times is well to emphasize that an absolute obligation Specialofoffer students: Only $4.99/month. thefor carrier of goods by sea to provide a seaworthy ship is not continuous under common law. It requires,
of tran A ship is efficient ason anthis instrument Read Free For 30 Days Sign up to vote title of hull, tackle and machinery are in a state Useful Not useful if she is sufficiently provided with fuel and ba Cancel anytime. is manned by an efficient crew.
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Vlasons Shipping vs. Nsc Case
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TRANSPORTATION NOTES BASED ON ATTY PADILLA’S SYLLABUS
1.2.6.2. Plimsoll line must not be Submereged
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1.2.7 Warranty against improper deviation Art 359 of Code of Commerce. If there is an agreement between the hipper and the carrier as to the road over which the conveyance is to be made, the carrier may not change the route, unless it be by reason of force majeure; and should he do so without this cause, he shall be liable for all the losses which the goods he transports may suffer from any othe cause, beside paying the sum which may have been stipulated for such case. When on account of said cause of force majeure, the carrier had to take another route which produced an increase in transportation charges, he shall be reimbursed for such icrease upon formal proof thereof. - improper deviation may be a valid ground to deny a marine insurance claim under the Insurance Code.
approved standards and limitations by compe authorised individuals, who are acting as mem approved organisation and whose work is both as correct and accepted on behalf of the rail owner. 1.3.2. Motor Vehicle Must be in Good Condi - Carrier cannot be excused from liability on t that the tire blow-out was due to a fortuitous when it was shown that the passengers were i because the floor of the bus give way. 1.3.3. Warranty Against Defective Vehicle P - if carrier replaces certain parts of the motor they are duty bound to make sure that the pa they are purchasing are not defective. -they are duty bound to exercise extraor diligence in the purchasing and use of vehicle are not defective.
1.3.4 Compliance with Traffic Regulations -Carrier fails to exercise Extraordinary if it will not comply with traffic rules (Art 2
1.2.8 Survey or Inspection of Cargo on Reasonable Grounds -Doctrine of Negligence Per Se -duty of a carrier to inspect depends on the -Negligence per se is a doctrine whereb circumstances. considered negligent because it violates a sta - It is the duty of the carrier to make inquiry as to the general nature of the articles shipped and of 1.3.5. Prohibition Against Improper Deviatio their value before it consents to carry them; and its failure to do so cannot defeat the shipper’s right to Reading a Preview 1.3.6 Duty to Inspect Cargo on Reasonable G recovery of the full value of the package You're if lost, in the absence of showing of fraud or deceit on the Unlock full access 1.4 with CARRIAGE a free trial. BY AIR part of the shipper. 1.4.1 Airworthiness -To be subjected to unsusual search, other - Sec 3(z), Civil Aviation Authority Act than the routinary inspection procedure Download With Free Trial “Airworthiness" means that an aircraft, customarily undertaken, there must exist proof propellers, and other components and access that would justify cause for apprehension that the of proper design and construction, and are sa baggage is dangerous as to warrant exhaustive navigation purposes, such design and construc inspection, or even refusal to accept carriage of consistent with accepted engineering practice the same; and it is the failure of the carrier to act accordance with aerodynamic laws and aircra accordingly in the face of suchproof that constitutes the basis of the common carrier’s Read Free Foron 30this Days Sign up to vote title 1.4.2 Competence and Fitness of Ce liability. useful Deviation Useful Not 1.4.3 Warranty Against Improper Cancel anytime. Special1.3 offer for students:BY Only $4.99/month. 1.4.4 Duty to Inspect Cargo and Baggage (Se CARRRIAGE LAND 6235 or Anti Hijacking Law) 1.3.1 Roadworthiness vs Railworthiness
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Vlasons Shipping vs. Nsc Case
Notice: Ocean transportation
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TRANSPORTATION NOTES BASED ON ATTY PADILLA’S SYLLABUS
agent of the carrier, has not consented with knowledge of their nature and character, may at any time before discharge be landed at any place or destroyed or rendered innocuous by the carrier without compensation, and the shipper of such goods shall be liable for all damages and expenses directly or indirectly arising out of or resulting from such shipment. If any such goods shipped with such knowledge and consent shall become a danger to the ship or cargo, they may in like manner be landed at any place, or destroyed or rendered innocuous by the carrier without liability on the part of the carrier except to general average if any. ch 1.5.3 Acceptance, Shipping and Handling of DG in Accordance with the 2012 International Maritime Dangerous Goods Code (IMDG) and MARINA Memo Circular No. 1 Series of 2008 1.5.4 Duty to Secure DG from Unauthorized Access 1.5.5 Proper Training in Handling DG 1.5.6 Survey or Inspection of Cargo to Enforce Compliance with IMDG and Other Regulations 2. LIABILTY OF CARRIERS FOR LOSS, DESTRUCTION AND DETERIORATION OF GOODS
Article 1740. If the common carrier negligen in delay in transporting the goods, a natural d shall not free such carrier from responsibility.
Article 1741. If the shipper or owner merely contributed to the loss, destruction or deterio the goods, the proximate cause thereof being negligence of the common carrier, the latter liable in damages, which however, shall be eq reduced.
Article 1742. Even if the loss, destruction, or deterioration of the goods should be caused b character of the goods, or the faulty nature o packing or of the containers, the common car exercise due diligence to forestall or lessen t
Article 1743. If through the order of public a the goods are seized or destroyed, the comm is not responsible, provided said public autho power to issue the order.
2.1 Presumption of Negligence
A common carrier is presumed to negligent if it fails to prove that it SUBSECTION 2. Vigilance Over Goods extraordinary vigilance over the Article 1734. Common carriers are responsible for transported. When the goods shipped are ei the loss, destruction, or deterioration of theYou're goods,Reading a Preview or arrived in damaged condition, a presum unless the same is due to any of the following causes Unlock full access against with a freethe trial. carrier of its failure to ob only: diligence, and there need not be an express f (1) Flood, storm, earthquake, lightning, or other negligence to hold it liable. natural disaster or calamity; Download With Free Trial To overcome the presumption of neglig (2) Act of the public enemy in war, whether common carrier must establish by adequate international or civil; that it exercised extraordinary diligence ov (3) Act or omission of the shipper or owner of the goods. It must do more than merely show th goods; (4) The character of the goods or defects in the other party could be responsible for the dam packing or in the containers; Regional Container vs Netherland (5) Order or act of competent public authority. Read Free Foron 30this Days Sign up to vote title ISSUE: Should the RCL and EDSA be liable for Useful Not useful due Cancel Article 1735. In all cases other than those mentioned anytime. of goods to fluctuations in the temper Specialinoffer for1,students: Nos. 2, 3, 4, Only and $4.99/month. 5 of the preceding article, if the their cargo which occured after the cargo was goods are lost, destroyed or deteriorated, common removed from the vessel?
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Vlasons Shipping vs. Nsc Case
Notice: Ocean transportation
Search document
TRANSPORTATION NOTES BASED ON ATTY PADILLA’S SYLLABUS
2.2.1 Acts of God [Arts 1734 (1), 1739, and 1740] The principle embodied in the act of God doctrine strictly requires that the act must be occasioned solely by the violence of nature. Human intervention is to be excluded from creating or entering into the cause of the mischief. When the effect is found to be in part the result of the participation of man, whether due to his active intervention or neglect or failure to act, the whole occurrence is then humanized and removed from the rules applicable to the acts of God. 2.2.1.1 2013 Heavy Weather Guidelines (PCG Memorandum Memorandum Circular No. 02-2013)
Policies A. No vessel of any type or tonnage shall be allowed to sail except to take shelter, as the situation may warrant, when Public Storm Warning Signal (PSWS) Number 1 or higher is hoisted within its point of origin, the intended route, and point of destination. Xxx G. Public Storm
Warning Signal (PSWS) Nr. 1 — declared if
winds of 30-60 kph (approximately 16-32 knots) are expected in the locality in at least 36 hours.
2.2.1.3 Eastern Shipping Lines vs CA [ Mons fortuitous] ISSUE: CAN PETITIONER DISCLAIM LIABILITY FOR LOSS DUE TO THE MONSOON? HELD. NO.
Plainly, the heavy seas and rains referred master's report were not caso fortuito , but no occurrences that an ocean going vessel, parti the month of September which, in our area, i of rains and heavy seas would encounter as a routine. They are not unforeseen nor unforese These are conditions that ocean-going vessels encounter and provide for, in the ordinary co voyage. That rain water (not sea water) foun into the holds of the Jupri Venture is a clear that care and foresight did not attend the clo ship's hatches so that rain water would not fin into the cargo holds of the ship.
Moreover, under Article 1733 of the Civil C common carriers are bound to observe 'extravigilance over goods . . . according to all circu of each case,' 2.2.1.4 Schmitz Transport & Brokerage Transport Venture
You're Reading a Preview ISSUE: Can carrier disclaim liability on acco 2.2.1.2 Eastern Shipping Lines vs IAC [fire] Storm, when they did not unload the cargo ISSUE: Can carrier disclaim liability from theUnlock loss on full access then with a Storm free trial. came and the barge sank with th account that fire exempts it from liability under Held. No. “natural disaster or calamity”? Human intervention in the form of contrib Download With Free Trial HELD. No. negligence by all the defendants resulted to t Fire may not be considered a natural disaster or calamity. This must be so as it arises almost invariably from some act of man or by human means. It does not fall within the category of an act of God UNLESS caused by lightning or by other natural disaster or calamity. It may even be caused by the actual fault or privity of the carrier.
Master your semester with Scribd & The New York Times Special offerAs forthe students: Only peril of fire$4.99/month. is not comprehended within the exceptions in Article 1734, Article 1735 of the Civil Code
the cargoes.
The proximate cause of the loss of the Had the barge been towed back prompt pier , the deteriorating sea conditions notwith the loss could have been avoided . But the bar Read Free For 30 Days Sign up to vote on this title waves was left floating in open sea until big Useful Not useful 5:30 a.m., it to sink along with the car causing Cancel anytime. loss thus falls outside the "act of God doctrine 2.2.1.5 Phil. Am Gen Insurance vs PKS Shipp
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Vlasons Shipping vs. Nsc Case
Notice: Ocean transportation
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TRANSPORTATION NOTES BASED ON ATTY PADILLA’S SYLLABUS
Load Line Certificate would attest to the seaworthiness of Limar I and should strengthen the factual findings of the appellate court. 2.2.1.6 Central Shipping Co. Vs Insurance Company of North America [Monsoos , fortuitous] ISSUE: Can carrier disclaim responsibility for the loss of the cargo and M/V Central Bohol by claiming the occurrence of a southwestern monsoon under Article 1734(1)?
Normally expected on sea voyages, however, were such monsoons, during which strong winds were not unusual.PAGASA representative testified that a thunderstorm occurred in the midst of a southwest monsoon. According to her. Storm; Definition According to PAGASA, a storm has a wind force of 48 to 55 knots, equivalent to 55 to 63 miles per hour or 10 to 11 in the Beaufort Scale. The second mate of the vessel stated that the wind was blowing around force 7 to 8 on the Beaufort Scale. Consequently, the strong winds accompanying the southwestern monsoon could not be classified as a "storm." Such winds are the ordinary vicissitudes of a sea voyage.
Meryem Ana faced winds of only up to 40 kno
at sea. This wind force clearly fell short of t 55 knots required for "storms" under Article of the Civil Code based on the threshold est by PAGASA.
Petitioner also failed to prove that the in weather encountered by the vessel wa unexpected, or catastrophic.
2.2.2 Acts of Public Enemy - presupposes the (1) existence of an ac of war, and (2) refers to the government of nation at war with the country to which the belongs, though not necessarily with that to the owner of the goods owes allegiance. 2.2.2.1 Existence of War Prize Cases
War has been well defined to be, "That sta which a nation prosecutes its right by force."
The parties belligerent in a public war are independent nations. But it is not necessary, constitute war, that both parties should be acknowledged as independent nations or sove States. A war may exist where one of the bell You're Reading a Preview Even if the weather encountered by the ship is to be claims sovereign rights as against the other deemed a natural disaster under Article 1739 of the Unlock full access with a free trial. Civil Code, petitioner failed to show that such natural Insurrection against a government may or disaster or calamity was the proximate and only cause culminate in an organized rebellion, but a of the loss. Download With Freebegins Trial by insurrection against the lawf always authority of the Government. Human agency must be entirely excluded from the cause of injury or loss. In other words, the damaging effects blamed on the event or phenomenon must not A civil war is never solemnly declared; it b have been caused, contributed to, or worsened by the such by its accidents -- the number, power, a presence of human participation. The defense of organization of the persons who originate and fortuitous event or natural disaster cannot be on. When theup party in rebellion Read Free For 30this Days Sign to vote on titleoccupy and h successfully made when the injury could have been hostile manner a certain portion of territory, Useful Not useful theirCancel avoided by human precaution. declared independence, have cast off anytime. Special offer for students: Only $4.99/month. allegiance, have organized armies, have comm The loss of the vessel was caused not only by the hostilities against their former sovereign, the southwestern monsoon, but also by the shifting of the
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Vlasons Shipping vs. Nsc Case
Notice: Ocean transportation
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TRANSPORTATION NOTES BASED ON ATTY PADILLA’S SYLLABUS
opposing the Government were foreign enemies invading the land." 2.2.2.2 Piracy PIRATES on the high seas -considered the enemies of all civilized nations and indeed of human race, and consequently their depradations on a common carrier will excuse them from liability. 2.2.2.3 Rebels as Public Enemy REBELS, not included. -rebels in insurrection against their own government. EXCEPT, when in such a magnitude as to constitute a CIVIL WAR.
Maysun, sank with its entire cargo for the rea was not seaworthy. There was no squall or ba or extremely poor sea condition in the vicinity said vessel sank.
2.2.3.5 “Shipper’s Load and Count” Arrange Marina Port Services vs American Home Assu
At any rate, the goods were shipped under Load and Count" arrangement. Thus, protec pilferage of the subject shipment was the lookout.
At any rate, MPSI cannot just the same be for the missing bags of flour since the consig were shipped under "Shipper's Load 2.2.3 Shipper or Owner’s Fault arrangement. "This means that the shipper 2.2.3.1 Who are Considered Shipper and/or owner 2.2.3.2 Sole and Proximate vs Contributory Only responsible for the loading of the contai 2.2.3.3. Campania Maritima vs CA the carrier was oblivious to the cont ISSUE: Can Carrier disclaim liability for loss of goods shipment. Protection against pilferag due to misdeclaration of the correct tonnage by the shipment was the consignee's lookout. Shipper? operator was, like any ordinary depositary, d HELD. No. It mitigates the liability. to take good care of the goods received from Shippers act of furnishing petitioner with an and to turn the same over to the party entitle inaccurate weight of the payloader cannot be used by possession, You're Reading a Previewsubject to such qualifications as the as an excuse to avoid liability for the damage validly been imposed in the contract caused, as the same could have been avoided had Unlock full access parties. with a freeThe trial.arrastre operator was not require petitioner utilized the "jumbo" lifting apparatus which the contents of the container received and t has a capacity of lifting 20 to 25 tons of heavy Download cargoes. With them those declared by the shipper be Freewith Trial Even if petitioner chose not to take the necessary earlier stated, the cargo was at the shipper precaution to avoid damage by checking the correct count. The arrastre operator was expected weight of the payloader, extraordinary care and the consignee only the container receive diligence compel the use of the "jumbo" lifting carrier." apparatus as the most prudent course for petitioner. Read Free Forholds 30this Days CONTRIBUTORY ACT MITIGATES THE LIABILITY Signthe up to vote on titleMPSI is not li All told, Court that the loss of the bags of flour The act of shipper in furnishing carrier with an Useful Not useful Cancel anytime. weight the payloader constitutes a Specialinaccurate offer for students: Onlyof$4.99/month. 2.2.4 Inherent Vice contributory circumstance to the damage caused on the 2.2.4.1 Belgian Overseas Chartering and Shi
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Vlasons Shipping vs. Nsc Case
Notice: Ocean transportation
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TRANSPORTATION NOTES BASED ON ATTY PADILLA’S SYLLABUS
necessary and natural wear of goods in transport, defects in packages in which they are shipped, or the natural propensities of animals.None of these is present in the instant case. Further, even if the fact of improper packing was known to the carrier or its crew or was apparent upon ordinary observation, it is not relieved of liability for loss or injury resulting therefrom, once it accepts the goods notwithstanding such condition. 42 Thus, petitioners have not successfully proven the application of any of the aforecited exceptions in the present case 2.2.4.2 Asian Terminals Inc vs Simon Enterprises [Soybean; moisture] ISSUE: Should ATI be liable for shortage in the delivery of Soybeans? HELD.NO.It should be noted that the shortage being claimed by the respondent is minimal.
point; a reversal of a dismissal based on a dem evidence bars the defendant from presenting supporting its allegations.
2.2.5.2 Philippine Charter Insurance Cor. Vs Unknown owner of M/V National Honor [Woo Crates] - Loss was due solely to the inherent defect a weakness of the materials used in the fabricat crate.
"Defect" is the want or absence of necessary for completeness or perfection absence of something essential to comp deficiency in something essential to the prop the purpose for which a thing is to be used. On hand, inferior means of poor quality, me second rate. A thing may be of inferior quali necessarily defective. In other words, "defec not synonymous with "inferiority."
Moisture is perhaps the most important single factor affecting storage of soybeans and soybean The cargo fell while it was being carried o meal. Soybeans contain moisture ranging from 12% to about 5 feet high above the ground. It would n 15% (wet basis) at harvest time. Taking this into easily collapsed had the cargo been properly consideration, 10% more or less than the contracted The shipper should have used materials of str shipment, and the fact that the alleged shortage is quality to support the heavy machines. Not on You're Reading a Preview only 6.05% of the total quantity of 3,300 metric tons, shipper fail to properly pack the cargo, it also the alleged percentage loss clearly does not exceed indicate an arrow in the middle portion of the Unlockloss, full access with a free trial. the allowable 10% allowance for loss. The alleged where additional slings should be attached. A if any, not having exceeded the allowable percentage of the issue of negligence is factual in nature an shortage, the respondent then has no cause of action to regard, it is settled that factual findings of th Download With Free Trial claim for shortages. courts are entitled to great weight and respe 2.2.4.3 Planters Products Inc. vs CA [Urea] The dissipation of quantities of fertilizer, or its deterioration in value, is caused either by an extremely high temperature in its place of storage, or when it comes in contact with water. When Urea is drenched in water, either fresh or Specialsaline, offer forsome students: $4.99/month. of itsOnly particles dissolve. But the salvaged portion which is in liquid form still remains potent and
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appeal, and, in fact, accorded finality when s by substantial evidence. 2.2.5.3 Southern Lines vs CA
If the fact of improper packing is known to th or his servants, or apparent upon ordinary Read Free Foron 30 Days but it accepts the goods notwithstanding such Sign up to vote this title condition, it is not relieved of liability for los Useful Not useful Cancel anytime. resulting therefrom.
Appellant (petitioner) itself frankly admitted
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Vlasons Shipping vs. Nsc Case
Notice: Ocean transportation
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TRANSPORTATION NOTES BASED ON ATTY PADILLA’S SYLLABUS
carriage of goods in this case or that she is exempt from liability, the presumptionof negligence as provided under Art 1735 holds. 2.2.6 ACTS OF PUBLIC AUTHORITY -Defense is not available if (1) the public authority had no authority to issue the subject order, or (2) If the public authority exceeded his authority. Art 1743. If through the order of public authority the goods are seized or destroyed, the common carrier is not responsible, provided said public authority had power to issue the order.
quo that the respondent adequately pr
exercised extraordinary diligence. Although t bills of lading remained with petitioner, agents demanded from Abdurahman the cer copies of the bills of lading. They also asked and in his absence, his designated subordinat the cargo delivery receipts. 2.2.7.2 De Guzman vs CA
Applying Articles 1734 and 1735, — the hijac carrier's truck — does not fall within an categories of exempting causes listed in Artic would follow, therefore, that the hija carrier's vehicle must be dealt with under the of Article 1735, in other words, that respondent as common carrier is presumed to at fault or to have acted negligently. This pre however, may be overthrown by proof of ext diligence on the part of private respondent.
2.2.6.1 Ganzon vs CA [Mayor] Before Ganzon could be absolved from responsibility on the ground that he was ordered by competent public authority to unload the scrap iron, it must be shown that Acting Mayor Basilio Rub had the power to issue the disputed order, or that it was lawful, or that it was issued under legal process of authority. The precise issue that we address here rel The appellee failed to establish this. Indeed, no specific requirements of the duty of extraord authority or power of the acting mayor to issue such an diligence in the vigilance over the goods carri order was given in evidence. Neither has it been shown specific context of hijacking or armed robber that the cargo of scrap iron belonged to the Municipality of Mariveles. Article 1745 (6), a common carri You're Reading aUnder Preview What we have in the record is the stipulation of the responsible — and will not be allowed to d parties that the cargo of scrap iron was accilmillated by with a free trial. such responsibility — even the appellant through separate purchases hereUnlock and full access diminish there from private individuals. strangers like thieves or robbers, except The fact remains that the order given by the acting Download With Free Trial thieves or robbers in fact acted "wit mayor to dump the scrap iron into the sea was part of irresistible threat, violence or force." the pressure applied by Mayor Jose Advincula to shakedown the appellant for P5,000.00. The order of In the instant case, armed men held up t the acting mayor did not constitute valid authority for appellee Mauro Ganzon and his representatives to carry truck owned by private respondent wh out. petitioner's cargo. Three (3) of the five (5) h Read Free For 30 Days Sign up to vote on this title were armed with firearms. The robbers not 2.2.7 Extraordinary Diligence Useful Not useful truck its cargo but also kidn away the andanytime. Cancel 2.2.7.1 Republic vs Lorenzo Shipping Special offer for students: Only $4.99/month. driver and his helper.
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1733 of th
Civil Code de
nd
that
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