Dugie & Mella Reviewer Modified by Nas

TRANSPORTATION LAW- I. Air Transportation Lhuiller v !ri"ish Airways #ase$
• An action for damages against an airline due to tortious conduct of its flight crew or personnel is within the purview of the Warsaw Convention, as such, settles the jurisdiction issue of this case.

Dugie & Mella Reviewer Modified by Nas
2. 3o. The cause of action is not the contract of carriage but *A'6s negligence ma"ing the WC not applicable.

II O!LI0ATIONS O1 T/. PARTI.S A ,igila+#e over "he *argo ,722. 58traordinar# diligence is re9uired ,72:. *resumption of negligence in case of loss$ damage or deterioration • ;<& as long as it is shown that there is damage then the common carrier CC! could be made liable • 5=*& CC could prove that it has e8ercised e8traordinar# diligence over the goods ,72>. Coverage of e8traordinar# diligence  lasts from the time the cargoes are conditionall# placed in the position of and received?accepted for transportation b# the carrier to be delivered to the consignee$ without pre+udice to ,72@ ,727. 5ven if the cargoes are temporaril# unloaded$ CC is still obligated to e8ercise e8traordinar# diligence (3'5-- the shipper?owner avails of the right to stoppage in transitu • “stoppage in transitu” – right of an unpaid vendor to stop the shipment or transportation of the cargo to the consignee because the consignee is not capable of pa#ing him$ and so the vessel becomes a warehouse$ therefore shall e8ercise the diligence of the good father of a famil# and not e8traordinar# diligence ,72@. CC has to continue to operate with e8traordinar# diligence even if the goods are placed in the warehouse at the place of destination. • Aact that it has reached the destination and place of the warehouse it doesn6t follow that the e8traordinar# diligence has alread# ceased to e8ist. • It would onl# cease to e8ist if CC has given a reasonable time and given notice to the consignee to release the same • If there is actual or constructive deliver#$ e8traordinar# diligence ceases to e8ist • Actual deliver# – cargoes were given to the consignee and the consignee receives the cargoes. • Constructive deliver# – notice was alread# given to the consignee regarding the arrival of the cargoes and the consignee was alread# given a reasonable time to release it even if there is no actual release  In cargoes$ if there is dela#$ then one of the options of the shipper is to abandon the cargo once in transit and as" for the full price of the cargo. .ut to be able to do so$ Re2uisi"es$ ,. there should be a demand in writing addressed to the CC stating #our intention to abandon the goods 0. it shall be done before the cargo reaches the destination ! TRANSPORTATION O1 PASS.N0.RS '**)

• • • •

“high contacting parties” – countries which are signatories in the Warsaw convention; countries who abide with the provisions of the agreement in the WC “international flight” – flight between two high contracting parties according to WC! importance to determine if international flight – to "now the applicabilit# of WC if international flight$ then WC applies! Ar" %& '() of Warsaw *o+ve+"io+ %%% case shall be filed in the& a! Where the carrier is domiciled 'ondon! b! Where the carrier has its principal place of office 'ondon$ ()! c! Where the the contract has been made bought tic"et in Ital#! d! place of her destination Ital# also! *hilippine court has no +urisdiction over the case$ case dismissed for lac" of +urisdiction

PAL vs SA,ILLO *ase
Private respondent purchased tickets from PAL for flight: M L!"#!$%&!"#'!M L, to participate in the ())* A"'A "eniors Annual #olf &ournament held in $akarta. PAL+s plane would take them from Manila to "ingapore, while "ingapore Airlines would take them from "ingapore to $akarta. ,n * ,cto-er ())* the. left from Manila to "ingapore. /pon their arrival, the. proceeded to the "ingapore Airlines office to check!in for their flight to $akarta. "ingapore Airlines rejected the tickets !!! e0plained them that if "ingapore Airlines honour the tickets without PAL1s endorsement, PAL would not pa. "ingapore Airlines for their passage. Private respondent tried to contact PAL1s office at the airport, onl. to find out that it was closed. When the# got bac" in the *hils$ the#

filed a case for damages for breach of contact against *A'.$ who filed motion to dismiss ISS-.S ,. -hould the case be filed against .A/ 0. 1o the *hilippine courts have +urisdiction over the case given it is a flight from -ingapore to Thailand/ 2. 1oes the WC appl#/ /.LD ,. 3o. When he purchased tic"et from *A'$ *A' onl# used .A as their agent b# virtue of an agreement between airlines and the main carrier is *A' and so *A' should be the one sued. 0. 4es. The cause of contract here is not a breach of contact of carriage but the negligence of *A' in communicating the tic"et to the .ritish 5mbass# as far as the connection is concerned. 3ote that the negligence happened before contact of carriage was effected.

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floods$ storm$ lightning$ earth9ua"e or other natural disasters and calamities 0. *rovided$ that it had e8ercised the diligence to forestall or minimiEe damage Art. 0 ..R$ • Act of an emplo#ee that caused in+ur# to the passenger would still ma"e the common carrier liable$ whether or not the emplo#ee is acting in accordance with his dut#.. that the CC has e8ercised the due diligence in preventing or minimiEing the loss before$ during and after the occurrence of the natural disaster .72C. • It shall also be noted that$ b# e8press provision of the law$ an act of a stranger or co%passenger of the common carrier that caused in+ur# to another passenger would still ma"e the common carrier liable. 0. When there is dela# . Iuasi%delict % Case against the driver and the common carrier. If the passenger was not aware that he rode the wrong bus$ he is still considered as a passenger.! *hara#"er of "he goods or defe#" i+ "he 4a#7i+g of "he #o+"ai+er • Common carrier will not be liable if there are alread# defects in the goods or in the pac"ing of the goods. LIA!ILITI.. Cannot be filed against the driver because he is onl# an agent.6-ISIT.1. If a passenger was in+ured and he has not #et paid his fare$ then he is not considered a passenger and the common carrier will not be liable to him.7CD! b. Common carrier is subsidiaril# liable if the driver is insolvent. A#" of Publi# . However in the case of an ordinar# passenger$ the liabilit# of the common carrier cannot be lessened or diminished b# stipulation.7C7! III D.S O1 *OMMON *ARRI. this is the onl# cause of loss$ destruction and deterioration of the goods 0. In the case of gratuitous passenger$ the common carrier is still liable. *OMMON *ARRI. 2. *reponderance of evidence is needed to establish liabilit#. If the passenger pretended to be the owner of a plane tic"et and boarded the plane$ he cannot be considered as passenger because there was fraud on his part.7C0 or .72G!  CC incurs dela# .R . in case of an act of a public enem# during war$ international or civil 2. but if he has an intention to pa# even if he has not #et paid$ then he can still be considered as a passenger. . Whe+ will ** be liable for da3ages i+ "ra+s4or"i+g 4asse+gers5 a.7CD! or deviation – change of route .S$ 3atural 1isaster . act or omission of the owner of the cargo shipper! C. • • • • 3ote that the stipulated limitation of liabilit# in the case of gratuitous passengers shall onl# be valid in ordinar# negligence.7C. When there is deviation . 2. Culpa Criminal % Case against the driver. *ause of a#"io+ if "he 4asse+ger is i+8ured$ .NS. Culpa Contractual breach of contract! % Case against the common carrier onl#.Dugie & Mella Reviewer Modified by Nas . 0. order or act of competent public authorit# R.<& CCs are responsible for the loss$ destruction and deterioration of the goods 5=*& if the same is due to an# of the following causes B3'4& memoriEeFFF .. It is not valid if the cause of in+ur# is willful act of gross negligence. based on torts.ut If the defect is apparent and the common carrier still accepts it$ then the fact that there was prior defect could no longer be raised as a defense against the shipper. hi+ac"ers$ thieves$ robbers are not considered as public enem#. Bbligation to accept the passengers without discrimination Bbligation to transport them safel# Bbligation to transport without dela# Dugie & Mella Reviewer Modified by Nas Order of a Publi# Au"hori"y 3ay be used as a defe+se whe+$ • It is a valid order • There is a force that could compel the common carrier to abide b# the order of the competent authorit#. but the liabilit# ma# be limited depending upon the stipulation of the passenger and the common carrier.! • “1ela#” – dela# in the departure and?or arrival • If there is dela#$ CC is still liable although the goods suffered deterioration$ loss or destruction caused b# natural calamit#$ which is an absolute defense. . but a pirates are considered as such. If the common carrier does not "now of the defect then it can be raised as a defense. character of the goods or defects in the pac"ing or container :.+e3y • there should be actual war between the place of destination and place where the carrier belongs$ international or civil • “public enem#” – pirates are public enem#$ thieves$ robbers$ rioters and hi+ac"ers are not public enemies • *ublic enem# in war$ whether civil or international $ as a valid defense of common carrier  There must be an actual war between the countr# where the common carrier comes from and the countr# that confiscated the goods. • .7C0!.S O1 T/. or even if the act of the emplo#ee that caused the in+ur# is in violation of the instruction of the common carrier.

$ bus 0$ and bldg.. – who has a house and lot C% who has a car 1 – who has a car  Corporation has a distinct and separate personalit#.  Li3i"ed liabili"y rule$ .. 3ature of liabilit# under maritime law& it is <5A' L H4*BTH5CA<4 in nature.G@. the real and h#po in nature will not appl#& 3egros navigation v Kiranda 1uring the vo#age$ there was a collision of negros navigation and an oil tan"er because of the negligence of the captain. . Aloating store houses Where to file/ In ... . 'ighter carrier 2. • Is there a need of abandonment/ In case of total loss of vessel there is no need for abandonment because there is nothing to abandon.. *assenger 0. Dugie & Mella Reviewer Modified by Nas • In order to avail limited liabilit# in partial loss there must be a written notice of abandonment. 0! Where vessel is insured 2! In wor"men6s compensation act nowada#s 5CC is responsible! C! Claim for unpaid repairs <5*AI< I3C(<<51 . The owners of corporation A are& . @27 under code of commerce& the owner shall be civill# liable for the acts of the captain up to the actual value of the ship$ freight.g.AA* operated C. -o the liabilit# of A cannot be transfer to . Li3i"ed liabili"y% in case the vessel is totall# loss through the fault or negligence of the captain$ the liabilit# of ship owner is e8tinguished.7>>! 2 . M'imited liabilit# onl# applies to maritime transaction? business.le3e+"s of real a+d hy4o"he#aryl i+ +a"ure$ • The vessel is totall# or partiall# loss • 1one through negligence or fault of the captain and not the owner 5..$ the +urisdiction is regarding to the amount involved In Ketro Kanila& <TC – e8ceeds CDD" Butside KK& <TC% e8ceeds 2DD" .  58emplar# damages  Awarded if there is one or more aggravating circumstances  3ominal damages  Awarded to vindicate the right of the plaintiff..#e4"io+ of LLR$ .essel #a4able of "ra+s4or"i+g #argo or 4asse+ger < . ... Tan"er >. 3ot accessor# 0 Has a license to engage in the transportation 2 (sing to transport crates or people b# sea Ar" &?@ regarding the person capabilit# to protest and that it should be both maritime vessels..$ C $1. but the cause is that the boat is not sea worth# because it sun" within :%.elow this amount above stated& will in Ketropolitan Trial Court.. That is wh# the limited liabilit# rule will no longer appl# in this case. 4achts 7... • *rinciple of 'imited liabilit# rule ''<!& no vessel$ no liabilit#. Authorit#& Art. Arrival under stress C.Accessories vessel :..D minutes where in man# people died..>.. Hurricane 2. see Art . That the owner is turning over to the predator possessor of the thing or abandoning the vessel.. M <egistration and e8traordinar# diligence *ode of #o33er#e9 Mari"i3e Law$ Corporation A % has bus. 'ess than 2 tons boat 2. Should be files w9i+ %= hours Has to be maritime vessel Wha" are 3ari"i3e vessels5 .MPTIONS$ .essel: a44eara+#e: freigh" a+d i+sura+#e • It does not violate the civil code.ul" carrier :.-ailing boats >. What does real and h#pothecar# in nature mean/ It is limited liabilit#. Karitime collission Re2uisi"es of 3ari"i3e vessel$ .  .Dugie & Mella Reviewer Modified by Nas Possible da3ages$  Actual damages  life e8pectanc#J0?2 8 @D – age! 8 income and e8penses  Koral damages  Hurt feelings$ sleepless nights$ mental anguish  In culpa contractual$ moral damage is not awarded e8cept in the case of death or bad faith. Pro"es" is +eeded i+ "he #ase of . And allowing the boat to be overloaded with people$ that is wh# there was negligence on the part of the owner and not onl# to the negligence of the captain.5AB<5 -HI* 'B--! Pro"es"s < is the written statement b# the master of the vessel or an# authoriEed officer$ attested b# a proper authorit# or b# a notar#$ to the effect that damages has been suffered b# the ship. Aishing boats . Health service boats 0..! Where the in+ur# or death to a passenger is due either to the fault of the ship owner$ B< to the concurring negligence of both ship owner and captain.arge C. -hipwrec" 0.

!are !oa" *har"er Par"y or 1emise Charter *art# % a person hires the vessel and the crew$ and so the charterer would be the one who would ta"e charge in pa#ing the wages of the crew and in control of provisioning ever#thing in the vessel$ in effect$ the crew became the emplo#ees of the charterer % charterer part# would be liable to third persons % charterer has command$ possession and navigation of the vessel.A without valid title with adverse possession& .ood faith with valid title& 2#rs .. P Capacit# and the carriage agreed upon b# the parties to be loaded.Dugie & Mella Reviewer Modified by Nas Nessel – is personal propert#. It is not the contracting parties but the contract itself.BAT CHA<T5< Ai+ds of *har"er Par"y$ . 0over+i+g laws$ Common Carrier% civil code *rivate Carrier% Code of Commerce The moment CC becomes a private carrier% Code of Commerce Importance of determining whether common carrier is considered a private carrier: . Companies that at least >DO owned b# *hil. What are the vessels need to be registered? Bwned b# the *hilippine citiEen or *hil. Contract of Towage  contract of service where the barge is towed b# a vessel !AR. Charter parties should also specif#& P the "ind$ the name$ and the tonnage of the vessel.: tons or less 3ot re9uired& war vessels$ boats of private 2 tons or less$ non%motoriEe boats$ Te34orary #er"ifi#a"e$ Ka# be given in case of charter or Karina Charter must not be less than .I-T<ATIB3% it is the one who set the rules How to ac9uire/ .D #rs Through sale Can #ou sell a vessel while in vo#age/ 4es Who will pa# the pa#ment of wages/ *urchaser Who will collect the freight earn/ *ertains to purchaser Can #ou sell a vessel when #ou reach in the -an Arancisco or destination/ 4es Who will collect/ The -eller because he alread# finished the transaction Who will pa# the wages/ -eller Who will abandon the ship/ The ship owner or agent but not the chartered. 0. It is registered with conve#ance and customs KA<I3A <('5. Ti3e . Co%owner can abandon it onl# in proportion of his share. operation entirel# b# Ailipino citiEens and man b# Ailipino citiEens Whe+ #a+ you dele"e9#a+#el "he regis"ra"io+5 *hil. he acts as owner who handles ever#thing % onl# instance where common carrier would be a private carrier 0. -tipulation that limits liabilit# is valid in a private carrier but not in a common carrier.. incase of bare boat chartered b# a foreign *re%termination of chartered agreement -ale of the vessel to a foreigner -crapping or decommission of the vessel no longer to be used! Constructive or total loss Dugie & Mella Reviewer Modified by Nas When is a common carrier considered as private carrier/ . The charter parties has to be drawn in duplicates$ signed b# the parties. Ar"i#le B@% of the code of commerce& Contents and formalities of the chartered parties .oyage *har"er – per vo#age or successive vo#ages b. *o+"ra#" of Afreigh"3e+" – charterer hires the vessel either for a deteminate period of time or per vo#age or successive vo#ages a.ecause we are dealing with cargoes and vessels$ and the# are alwa#s in transit and dela# would cause a lot of mone# for additional charge for demurrage. CitiEen Kore . De3urrage% fee charged in e8cess of the number of da#s allowed to load and unload Re2uisi"es for a valid #har"er 4ar"y$ . 1reigh"% fare or "ind of cargo to be loaded Pri3age% fee given for the special care given to the cargo or b# using the e9uipment Lay days% allowable number of da#s that a charterer ma# load or unload the cargo Why is this important to know? .. P *ort of loading and unloading. To "now which law will govern 0. The control$ management$ and possession is with the charterer.I3 <5. It is a contract b# which the owner or agent of the vessel leases the whole or part of the vessel to another for transportation of the cargo or passengers from one place to another for a certain price.. P The name of the shipper$ the owner$ and the charterer.R It is when a vessel is hired including the crew and ever#thing!. P the origin of registr# of the vessel.. Consent of the contracting parties *har"er Par"y % a special contract in maritime commerce.A<5 ..: gross tons in capacit# Bptional registration& . P The freightage P the primage P la# da#s. C .#r..i#e – the charterer of the vessel who entered into charter part# with the shipowner that is in the nature of bareboat charter %%% he controls the ship with his own set of captain and crew$ thereb# effectivel# becoming the owner for the vo#age or service. !OAT */ART. All vessels must be registered.oyage – fi8ed time Ow+er Pro /a# . .

Ar" B@C. >:0 o the Code of Commerce Dugie & Mella Reviewer Modified by Nas Ar" BB@ the moment the cargo is placed in the vessel$ the common carrier is alread# liable. . C. if the mone# from the sale will be needed for the repair of the problem of the vessel. (navoidable and urgent e8penses 5ffect% if after the repair$ the cargo was able to reach the point of destination$ then the captain will pa# the owner based on the price in the place of destination.shi4wre#7 bu" #argo was re#overed J liable onl# up to the e8tent of the damage partial freight! : . • (nder >>0$ when the vessel was repaired but after the repair the cargo was not sold and the vessel reached the destination. Ar" BB%. the vessel was found later on not seaworthy anymore? % Art >:7$ the captain is obligated to loo" for a vessel and continue the vo#age within . • (nder >>2$ deterioration due to pac"ing • Aortuitous event Whe+ +o" re2uired "o 4ay a freigh"5 • (nder >>. 2.ut if the stipulation is not clear$ the rule will be$ if on the charter there is a month or a date$ then the freight will accrue during the time of the loading. What are the liabilities/ • Areight • 58penses • Average e8pense that inure to the benefit of cargo holders! accorded to him. -ame goes with if the vessel did not reach the destination.>PN& Art >:2$ if the cargoes be received and the charter part# has not #et been signed then it is understood that it has been e8ecuted and the one that will govern the obligation of the parties are the stipulations in the bill of lading Can a ship captain enter a charter party? % Ar" B@@$ the ship captain can enter a charter part# provided$ in the absence of a ship agent$ even if it is in contravention or against the instruction of the ship agent or owner – still valid % . I+s"a+#es where #argo is liable for full freigh"$ ar" B@C • The cargo was sold for the repair$ and the vessel reached the destination.$ when for reasons of shipwrec" or stranding$ or when the goods were confiscated b# enemies or pirates.Dugie & Mella Reviewer Modified by Nas 0. If it reaches the destination$ it will be liable for the whole value.. • (nder >>D$ when the cargo was thrown overboard and was never recovered. +ettison! 0N$ Art >:0% the charter part# has to be in writing . 58istence of the vessel at the disposal of the charterer -tipulation as to the freightage Compliance with Art.ut the owner ma# go against the ship captain for damages Ar" B@B as "o de"er3i+e whe+ de3urrage shall be give+ % if there is no time stipulated in the charter part# then the usage of the port shall be used What if during the chartering. There is alread# a lien created in the cargo. Will the cargo be liable for the freight? If the vessel was not able to reach the destination$ its liabilit# shall be proportionate to the distance. 58& Qettison. If there is a fi8ed period$ then the fright accrues on that ver# date. Art >:G%if the cargoes are placed on the vessel$ the captain ma# sell the cargos sub+ect to the following conditions& . 0. If you #a++o" 4ay "he liabili"ies: "he+ u+der Ar" BB& "he #argos be sold i+ "he au#"io+ Cargos to be sold in auction b# the captain& • cargos under >>: and >>> • if the cargo is at the ris" of deteriorating • consignee cannot be found or refuses to claim the cargo • if it is ver# e8pensive to preserve the cargo.:D "ilometers from port % If the captain cant find vessel to deliver – he ma# appl# for deposit of the cargo Art >:@$ the freight shall accrue as stipulated in the contract.4ar"ial freigh" • if the vessel was lost or did not reach the destination.

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