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Contract of Transportation – person obligates himself to

transport persons or property from one place to

another for a consideration.


Parties: common carrier & passenger (carried

gratuitously or not)
Passenger – one who travels in a public conveyance by
virtue of contract, express or implied, with the carrier
as to the payment of fare or that which is accepted as an
equivalent thereof


2 types of contracts of carriage of PASSENGERS:

> contract to carry (agreement to carry the passenger
at some future date) – consensual contract and
perfected by mere consent

* AIRCRAFT – perfected even without issuance of ticket

as long as there was already meeting of minds with
respect to the subject matter and consideration

> Contract of Carriage

– real contract; not until the facilities of the carrier are
actually used can the carrier be said to have assumed
the obligation of the carrier; perfected by actual use.
* AIRCRAFT – perfected if it was established that the
passenger had checked in at the departure counter,
passed through customs and immigration, boarded the
shuttle bus and proceeded to the ramp of the aircraft
and baggage already loaded to the aircraft.

* Public Utility Bus or Jeepneys or Street Cars – once it

stops it is in effect making a continuous offer to riders;
perfected when passenger is already attempting to
board the vehicle

* TRAINS – perfected when a person:

a. purchased a ticket/ possess sufficient fare with
which to pay for his passage
b. presented himself at the proper place and in a
proper manner to be transported
c. has a bona fide intention to use facilities of the

Parties: shipper & carrier

Shipper – the person who delivers the goods to the

carrier for transportation; pays the consideration or on
whose behalf payment is made

Consignee – person to whom the goods are to be

delivered. May be the shipper himself or a third person
who is not actually a party to the contract
> contract to carry goods – consensual
> contract of carriage - act of delivery of goods ( goods
are unconditionally placed in the possession and
control of the carrier and upon their receipt by the
carrier for transportation)