ec fr hn emo ht speci lt are provid in he RowCindeTaetmpostonsichs apes once Cari "wa alse fo pte the psstges tome oop ‘ge tes tngumty sear eter rah pt meee tranuprtation Tigh tndandfeestperaty Senso Uy the preounne of human is nd by the eomsraen tat ‘er pen mut eey way blog cpina al inury Hen oe Cad Commi, rad aC Ce Rear 205 Fa pea Cama Sr i L CHAPTER 1 GENERAL CONSIDERATIONS "This Chapter disesues the concept and nature ofthe contact ‘ofcarrage, the partes thereto, and how the said contrat ies {fom other contracts, Ih addition, the chapter contains n discussion tthe ropstred ower ale and the Kabit stem, 1. DEFINITION OF CONTRACT OF TRANSPORTA- "TION: There isa contract of traneportation when a person obligates ‘hime to transport pereons ce property from one face to another for consideration, The contact may involve cari of passenger tr caring of oda, The person who obligates himself to transpo {he goods or paseongers may be «common ear or @ private cr 2. PARTIES. The partes to a contract of transportation ‘would dpend on whether its fr caring of passengers or entinge of gods 201.CARRIAGE OF PASSENGERS. Tho partes in a contract ofearige of passengers are the common caret and the ppssonger. A passenger iv defined as one who travels in public ‘nveyance by virtue feontract, expres or implied, with the carrier ‘bject to payne of fre ora equivalent therect ‘4, Gratuitous or reduced fare. It shoud be noted in thi connection, however, that a passenger Is still csidered a= Sch (passenger even fhe i being earied gratitouly cr under a ‘elced fare, This i sie tothe ru in Arile 1768 of the Civil ‘Coe that provides that when spastenger is carid gratuitously, 3 ‘Sipulation limiting the common earrers bility for negligence i valid? REST ett henna aad apn, TT “eChapee‘ SSENTIAS OF TRANSPORTAGION aD PUBLIC b. In Balivag Transit Corporation v. Court of Appeals? & ‘complaint for damages agent the petioner bus corapany wae fed toy tho injured party (e person of logal age) and hi pent fr the injuries that the ead infred party sustained i violas ecident ‘when he was pessenger in one ofthe buss ofthe pattioner. Later, the injured party received payment from the petitioner insurer and executed a Telase of Claim. In due cour, the complaint was dismissed becruse the teal eourt bellved that the exetation of ‘the Release of Claim diosarged the petitioner and its insurance, Only the parents ofthe inured passenger appealed, However the Supreme Court sustained the dismiscal, ruling that sings the eit ‘was forbresch of eoutrct of enrrings, te eal petty inincrest was the injured passengor because the later i the eantracting party Hence, his paconte cannot maintain an ction bessse they ee not ‘sal partoeiv-intavot in an ation fr bros of contract ofeatinge, isthe person whose contractual right ha boo invaded who rast ‘ing every action based on contrat. ‘& _ There may be cases, hoover, when the party who con ‘acted with the cereir ia not the paseenger. Por example ae ployer may hire the servzes of bus company o ferry its pasaengare {oa particular destination. Thia may include bus sevice that ate provided by carries in bringing employees to and from company Dromises. There may likewise be cases when scheol wil hive the ttend.an ev mn cov ‘red by watt agreements that bind the employer or schoo an the bus service provider Breach af the provison of the agresmient wil entitle ane part t fle an edan against the other. However, whether or ot there isa wetten agreement, the carrier owes 8 dy of estruordinary diligona directly to the passengers” 2.02, CARRIAGE OF GOODS. The partes ste the shipper and the cari whan the contract efor earings of goad, The si pers the perzon who delivers the goods to the eave for tanspon™ {tion The shipper i the person Who pays the consideration or i ‘whooe behalf payment fs made, 1% Consignee. The cinsignee is the person to whom the rods are tobe delivered. The consignee may be the shipper himselt SER ie Jaan 85, e300 sen me Pe Ci Sp GB No. IN at mee apart Gener! Cm ‘asia the cas where the gods will be deiverod to one ofthe branch ‘ics ofthe shipper. However, the consignee may be a third person ‘who ie not actualy a party to the ontractofeatiage. », When Consignee is hound by Contract. Nvortheles, there are instances when the thind party consignee fs bound by Ube teteement between the shippor andthe carir even ide consignee lsat the contracting pay Fo instenc, in one case, che Supreme {Gout ruled tha the consignee is bound by the terms and eondions the bill of lading where it was established that he sezeptd the ‘atue and ie trying to enfores the agreoment° The Cour explained none oes that while the bl af lading is oftentimes drawn up by for and the cater withowt the intervention ef ove, the later canbe bound Hythe pelos tn eum, a cosine, atough nt sear to the entre of canign ern ete anther, ome ary ceo Son of thar) he tno age baer he eae thd the sippe csi the anual aepanc of tbe Bl {eding dled tothe nig, wth al owed of tents 02) raiment of ce sipntion pa oud, Le, when te conic, ard sonon, dante bare the carer the lint ete atineaton ale [7 congo te onsen vr seal oe dies of the potatoes hiped™ 8, PERFECTION. The Suprome Court hes edoptad in one cee the view that thor eto type of sontract of earrings Of pecrgers' The fst eye is the conrot to cary, thats mont rocary the passengers som fare dae This contrac {Scmonsual ands therfore perfected by more consent. Th second Js the contrac of earage oof common cariage el tha sould ‘econsidered asl contract ot un te ules of the caver ‘ro actully und ean tho entire sid fo have alvady somone. 1s Signin ofthe eso? NET grin Oe etm ot on wi sete, a "UE Chagay Ine Sn Yne Brot Corson, GN 17253, AR En sts tow Rogan opr refuses Covet pens 8 ‘Pu Sax ses aly ann Paine rise 0a ou, a, ‘Bath Aw Enea pea, © Rr obra 9,180 218 ca ting Fr Gi Go etn a V9 8,4. Perfection of Contract of Cartage of Goods. With spect to cariage of goods, thore may be a conseasal contact to carry goods whereby the carrier agrees to accept and transport toads at rome future date: Homever, by the ast af delivry of the toada, that in “whom the good fare] unconditionally placed i the Bottesion and conto of the earrer, and upon thelr receipe by the fart for transportation, che cantrct of eariago [i] perfected” ‘The Supreme Court explained in Campnie Morita. Insurance Company of North America» Tho recip of goods by the cnrie as been sai t in at the foundation ofthe contrat a cry al diver, and etl no ons re ‘ew auch conic Te Halt ad seapenty of contract the easage of spots commas a8 Ue lca delet, recat by, th cater ok aut aget and avery toa ightr in ehags ots vse! shipment on tho esl where ‘sthecustom todlerin hat way, aod delivery and bins veel ecco the fright the nity commencing at he ine lier oe [ght and stay cr hre ea canract cary gon rom one ‘orto othr and they cannot be oeed ey on ta vst ond ighore [reset bythe aslo ring the gods othe itr are forthe inet Seta. otha the Bl af aig i apiece tego a eon a thy ore paced onthe Higher (0 CAS, 901, cps rupli) The et to wheter he eatin of hppa and carver ad been sets ie had che tral and ponsanion af te cton bee comply ‘renders by le shipper tothe aloud company? Whevover te contol fod psseaion ef pedo poen tothe ers abd nating rans fo bo ‘ane by the slgpt, hen an by sid with craig that he elton of ‘Shipper and eater bar brn etelnbed read Co. arty, 00 Ace 4, 0 Sve aig 45 A. St Rep. 30 Poe lull Actanss fer BY Maken Ao 10,88 8.1. 4; Aad Hood yk, i eR (Ca 15 Ack Ss 185 8W. 461, LBA 18168, 1196 (WP, Bogart & Coe atv Wodo, etal, 310 SW. 148. "he dai thet cer an be ao conta fallen because tho >omp wate cual loaded on the ship that wae fo ake trom Davao (Gig Mail ofp mene oy a aed uted, the dey af the ‘mp to he aria’ phar ira ine ith ecto Inf, the ci ‘Sone bythe patron of he lighter ha earl the bump stated the ‘ees recline cargo “in bebal of 5. Bevline Ks in ood wd and ‘nition On the ter band the autor art th ett 9 oF Iding no inhpunebl forthe ceton of ants of cage ia an nt of pa ta LAT, May 90,208 TS Re i885, Osher, pat connaox cars 1 chopra Cones ‘iy of caer mn eh with th ua airy ofthe pode or ones, sb 0 merely wih he Erma ‘esto seep bl a ing; the anne fs loading nat carry to cpa lve and secoptane. Bren where is proved [psntle tat abit ommmenens wa the nuance ote bl fang ‘val elie an espace ae lant to bid th ene. (12 CA pa" Compania, Maritimo u. Insurance Company of North Ameria involved the shipment of 2,646 bales of hemp from the Divate pier of Macleod and Company of the Philippines at Davo ity to Manila: MacLeod contracted by telephone the services of the Companie Maritima, «shipping eorporation, for the shipment land for their subsequent transchipment to Roston, Massachusetts, "This oral coutract was lator on confirmed by a formal end writen ‘ooking. Compania Maritims sent two barges tothe private whart to pk up the cargoes free of charge. The wo loaded bargce left [Matlesas whar® snd proceeded to and moored atthe goverament’ ‘uarginal whaof in the sume place t await the artival ofthe SS. Bovine Knet belonging to Compania Maritima on which the hemp ‘wos tobi londed During the night of Otaber 28, 1982, or atthe erly oats of Ostaber 80, ofthe barges sank, resulting inthe damage or [our 1,162 bats of hemp landed Userein. Tt was explined that tho fonteat was shady perfcted although tho cargos wore not yet Ioaded in 88, Bowline Knot. The Cour explainot: the fact th th avin sm ie ihre ref hare to ak tho ‘np fo: Malate what Sasa preparer toe nding eto te ship Bowtie Ro oes not ny ay pas Ue contest of earvage aed frre ito betmeon the aeer snd tb sypa for that peparion ‘ipuons ofthe partie tached thereby subjecting tha othe pees fi anges ofthe sane law Ln oer word ere eB fSotvc of eevinge the consummation ef which hae seedy be he ‘ine aiveing the lg tote cave, nd the ter aie poseacen| {Rute ypcng eon lighter nenned yt etbarizd employs, under ‘hic Mach became ented tothe pelle sured tobi yw rs4 sSenmAls or masroRHmON AND FBLC Carriage of Passengers. tn British Airaay, In. The “Hon. Court of Appeals the Supreme Cour ruled thst an action fr “damages may be sustained for breach of contacto cary. Bvenif20 Uickts wore ioued verbal contac oar i already a binding ‘nnsenaual coutrct. In tho Sad caso, tho petitioner repeatdly fled to transport oonteact workers bound for Jeddah, Sot ‘Armba although the conte of irae Gekets were already pa othe ‘ettiner. Confirmed boskinge were caneloa without prior notice Hence he pedtoner war ade liable fer ite brash of ebigation to tnnepart the contract workers, 4. Written Contract Not Basential. The presence of ‘chat or bil af lading or any written contract ie ot necessary forthe perfection of the contrac of carnage, The Supreme Court ‘explained, that the bill of Inding is not essential to the contract, tlthough it may become obligatory by reason of tho regulations of ‘aload companies, or as a condition imposed in the contact bythe Sezeement ofthe patio themeelvorNeverthlea, he bl oflading {jordialy a documentary proof of th etiplations and conditions sgreed upon by both partis. Ia other wards, the Code doos not Alemand, ag necessary requisite in the contact of transportation, the dalivary ofthe bil f lading fo the shipper, but gos right to Doth th erzor and the shipper to mutually demand of each other the delivry of sia bill™ {801 AIRCRAPT. Thor is a porfoctod conrac fo earry pus- Sengors oven if no tickets have been issued fo said passongers 0 long ae thre svar already a mocting of minds with rerpect the sbjos matter and the consideration |. Onthe other hand, theres between a parsnger and an sisine ft can be etalisbed that Ce passeager had checked ina the departure counter, passed through stom and immigration, boarded the shuttle bus and proceeded to theramp oftheaierafe and that hishaggagehed already bean lnadoa Inthe etraft to be down wit the peseenger to his destination.” perfosted entractofonsiage “Cimapnia Marion» nnsance Company of Noth Amari, supa, cing a vag pr te Bt anan t4O tt Sp Sup Oe Dem ay "nach Pane Comme Yo ove its 8 son lo Co a tl OB. Ko, 40, og 3, Pat 1—eonos0N cams * hapa eral Comtannto 02, BUSES, JEEPNEYS, AND STREBT CARS, With respect & bases, jepneys, or staat cars the Supreme” Court rplained in one ease” that once & public uiity bus (or jeepney) ‘tape, ie in eles making a continuing offer to bus riders. Under ‘hi continuing afr rule, tho day ofthe drivers to stop their conveyances for a reseonable length of time in ardor ‘0 afford peasengere en opportunity tooard and enter, and they reliable for [Rjureesulferd by boarding passengers resulting from the aden tartng up of the enrie. Listy of tho carvers already based on tentact. follows thatthe pascenger is deemed ta be accepting the tier fhe i already etempting to board the conveyances and the famtact of carriages perfected from tha pint 308, TRAINS. A person who wants to bourd «train in tilway station must purthaoeaticket and mus present himeelf a ‘the proper place and in a proper manner for transportation. Sach Deraon must have a bows fide intention to use the facie of the aerer, ponsiessuffeont fare with which to pay for his passage, tnd prasont himself tothe earier far transperaton in the place sd manner provided. If he does nt doo, he wil nt be eonsidred ‘a pessonger.” ,Consoquently, there was broach ofcotrar of carige in Light Bail Tronst Authority (ETA), tal v. Marjorie Navidad, et Gist hon a certain Nieanot Navided tied after he fall onthe LRT ‘racks and wes sruck bye pving tran tht vas coming in atthe ‘eect moment that Mr. Navidad fel fom the platform. Mf Nove ‘was treated asa passenger beens he entered tho LRT sation ater Ihaving putesedatoken” and he fl while he was onthe platform ‘waiting fra tesin. Thus, Me. Navidad wes inthe place designated Tor boarding the train with the intention of riding the oncoming PROBL: 1 X bought eeen (sks play t the PNB. He pai te ight ‘hangs al wu ued Way il no. The arg wa oad 0 he {Ege wagon he tain With any porsln, boned the felch wagon ano the posoager cae. Shari ar the tain SR eet iv mt ott tt 0 a ss, "ifauea Vn. de Nowe, eve Malar Rikoad Company, CA-G.R Ne ura dese, 86 1 Cs a ase Feeney 09» "SSRTALSOF NETOREATION AND FUNC fare, i wan dered. The Eight agen lone sid, king SL Thote so edence that X boughs lato pel hi fre ob ‘hase tae tat hepa the eight chrge for a nrg Te ‘meenger of PI? [Av No, X was nto "passengoe”X, who was “stowaway was amas ‘aeapaasr Hone the aor sarute no ty ects fava ot caso. 2 GtyRailwars, ne. (CRD poids tein svi fr fe tosses fromanletsCalanbs Laguna Cammatreaereqicsta puch ties nd tho preted to the deigaatd lading and using Talis to bore he tri, Ror Ganon puschsad xt for Cilanbo abd entered te aon While wating be had so ltencain ‘wath to sony guards af CR nding fateh Roane Santer {lon the vey ut an tain wauonerng to sion, Ride ‘Santee ac na ve bythe win Hd Inthe eto fo annus Ad by the has of ard Suntan CH interpoe ack tena ot ‘ton, eastendog tbat te mishap soared la Rests anton vd tb an ad hat wab et pula aphoroe Dede, ‘Ac Tho contention of CRI that the hava have no cas ef ston ie tenable, Thar was ated peered conta to cmt Rind ‘Sento and deca lead owed him exacenary gence The thlgnion of theca to cuty Reade Star dotnnon wes ‘ross, henee CH hale or ep comtacaa (208) 4. COMMON CARRIER. Avice 1732 af the Civil Code proves the definition of common caer, oa ARTICLE 1732, Common carriers are persons, corporations, firms of asseclations. engaged in the business of ‘carrying or transporting passengers ot ‘goods or both, by land, water, oF tr, for compensation, fering thelr services to the pub @. _Ithas alo been defined as “one that lds itself out as sway to engage in the transportation of goods fr ite as a public ‘erployment and not aaa eaoualcocpetion™ 401, PUBLIC SERVICE. Tho concept of common earrae™ under Aviso 1752 may be stent coincide neat with the ota of “public sevico” under the Puble Service Ast (Commonwealth Act ‘No. 1426, as amended) that at leet pertally supplements the ly Curt Apa OR No Li, December, 188188 sonst A ager — conaon CARRIES ” on common carvers wt fot inthe Civil Cade” Under Section 18, ‘paragraph (ba the Pubic Service Act, "publi sori” includes *. evry person that now of haeater may own, operat, manage, or consol nthe Phiipines, or hire or compereation, {tt gers or ned cent, water prmanent ecasonal Sr ascllntal sd dono for general business purposes, any ‘anon cate avon, sro away, action alway, subway ‘rotor wehicl, ether for freight passenger, o both, with oF Aithou ned route ane watever may bets elasieation, elt ‘r camer service of any elas, express serca, sinamboat, oF Stesmhip ln, pontine, feries and water ora, ongaped in he ‘Tansportation of passenger o sight or bath, shipyard marine fopair shop, whart or dock, fea plant, ieovelrigeraion pant ‘Sa, rigation syst. gas, alsct ght, heat an power, ator ‘and power pevteum, sewerage syst, te or wiles onpmunictlons systems we or witless broadcasting aUons ‘and othor similar public services..." 5, TEST, In First Philipine Industrial Corporation w. Court of Appeals tue Supreme Cour reiterated thatthe tests for ‘Setertising whether party is common carver of goods are st be engagedin thebusinea ef carrying ges ‘a pubic employment, and must fold himself oat ss ready ta engage in tho transportation of gods fr person ‘everally oo business snd not ne easal oeeupaton; (2) He must ndestake to carry goods af the hind to whi ho bsinos a conned (2) Hesnust undertake to carey bythe method by which bis bosines i condestad and over his eotablishod ead; and (@) Tho tranaportation must be or hire, ‘Ite beloved thatthe second and third elements should bot be part of the test, In Natlonal Stoel Corporation Court of Uopeate the Supreme Court seieaated the ruling thatthe test of ‘scommon carver isthe caviage of goos or pastenges, provided it hs specs forall who otto nai themselves ets transportation for fee "i MBean be, 00 RA Se 8” -RSSRNTIAL OF RaNsFORRATION AND PUBLIC Uist 1, The easly case of The United Sites, Tan Placo, et at, involved defendant thet operated the trucks in question ad finished servio under epesial agreaments to sary parte persons and property. The passengers or the owners of the fei, ‘controled the whole vehicles bath as Co content, disction, and time ‘fuse, which facts, under all the dzeumstanote ofthe eas, would lake away he defendants business rom the concept of plicutity, Twas forthor explained: supper othe conason fhe trae Gener eles he eae Terminal Tasted Cet. Hite (361 US. 95) In tha ase he Tern ‘Toxcab Co, fernabel autmblles fom ite sentral Eerge on roel ree and ld noth tif oto sermon anya al pero, The Hiei rece tise the vg to telae sar. The Supreme Court (fie Ul Sis, peaking hah ME Sea Hoon. Tae ‘ns mace by tho lll rendu), na howerer mh they may ‘ent torarsurfermiy in price proba have ut the meshed Sy of hae that atend th aro of sh mt ato the olla Toe fours inof be opin that that pat ofthe Dusit toe opr as ‘tpubluiy tle tue thst all bine, nd fr heme of hal ee, ‘Me lt stats has» pc apes, como Yeaing wp hewn ot {he nue in which pace” Te court ha tat by waa the et ‘ht sl eompany dl mot bl ta cat foe any and al pero it swat ata publ lity sed mas at subject tothe aren oe pe ‘il comion cea TB Sein the ae ay the ue” The stl re ofthe ube eat ent sot to pg nr ‘ati oyn to the indent publi ete idee enretied ‘ual that gs it pate hare, In deteraining whose a uit able we mist ok sot ely the characte oe basins a de, at ‘soo the propor mote of dln tthe wei erly epional th ae ‘ero te able Benet rely needa ls at poe ‘utharsing be eerie athe urine the pb lty eam ‘Thee stb, n general avg whi thea eompele the owe fo re tothe general ube Ten nat enough chat Sh petra prespoity af the Piles promote. Pui use ot sonny th plc nee The {tuo eritvion by wich tue a the crater ef he we wae the pubic mn eI by it or nl by persion, tn Bass v. Court of Appeatss* the Supreme Coutt ‘explained chat the tot to dtanmine a common eater le whother THEE TE Tr aaa 00 ager — conason CARRIES 1» the given undestaking is pat of the business engaged in by the ‘tires nt her blow aption ‘Sther Uhan tie quonky or extent of the business teense ‘terse lata, as lng peron oe orporatin bls Hel {he pbc rth pape of eanaportng gods asa Bains Siretdy considered «common ccrer repedene f whether towne thovehiletobe use ran actual hie one™ ‘Tho Supreme Court raed in Sp. Crs Su Holidays, nes that thc operatar oatench oor tht npn yi weeutpedtageontrcs hanced teaspoon oan fer {he nor! an to in of Sparta in Betnga io eon & Sako Me Court ebecred th fry sos ao so {Greene with ts main barnes ant be property conse tty tht Te ny ten ym ‘lr peratns i undercard by fawn to own tte A {over pchages flor whch the ry sie, ay be ‘Rejel lg atone whocar afro pay te sie hes sees Mtn oonaie othe ie ‘@Teuo Test. The Suprome Court summarized the eule in Spe. Poren Spe. Nias in this wise: haa tho foresing Indes, the tre est fr emo carte: sn ot the quay of eta of tho bones stl feat, o he Bother al cheater fe coveyunces soln the nly. bt wheter the ening pt he acy enced Int tho aes tat tot than yw new or tin 1 sett Seage no adrrod abl oo tbe gnc pb he ‘Salto he nt rndring sch servis fa pete nota commen, ‘Sr Te quan mist trond by hha oth ‘Hla eoel ny tects ot by any were lteton ot ent Mectlanimay nturtnn ov asst whom sarge wh tho dar aed ‘lento ht Sea impor” 8 CHARACTERISTICS. The concept of common earriers ontemplatod wndes Ail 1732 ofthe Civil Code and te fac hat {heal eomexptcorerponda to th conoopt of public verve” under svi hoping apt OPE Genel ean ae GR, so 2 oun Ret SNe soi, gu 1,“ ROMMTALS OP EaNsFoRTARTON AND PUBLIC ‘ho ble Sense Act ute he arplcton ef the falowing ‘alos oF principles: ‘ppteaton ofthe (0), Atel ale mo dtinton eee wens principal Diese atv the enyng ef patos onde ‘Sr toth and one who docs ssh ecg oly ao om saan? seas Gnecal dom, en" ein) = (2), Article 1792 aloo cartuly avoide making any dee tinction hotweea a person or enterpriee fering transportation service on a regula or scheduled baste and ona effering such serves onan otasonal, episodic or undheded basia™ (@)_Aticle 1782 doo not distinguish between a carne ‘offering its services tothe “genoral public” Ley the general ‘community or population, and ane who offer srvoes a ale: ebusinesony toma sarow spent of de general opal "¢ Argan teow oa Siltimnaatata rnc atts See ees © Tho Civil Code makos no diatineton as to the means of transporting, as long as te by land, water or ait ™ (© The ni Caden et prove hath teanepra tion should be by motar vehicle - © _A person or entity may bo a common cartier oven ‘if ho has no fixed and publicly mown rosts,maintine na terminal, and saves no kets" (@)_Apotson or entity esd not be engaged nthe Bas. ee ef pe tenpattcn fete provisos af te Ch Gaon common carers a aply eho ean, SEE Co pens te 1, Drm 218816 smog arta on nice nt sing. Ca of Ape 8. A, iv. Cout of Aron, No. 12327, aly 38,196, 850 SCRA i Pant —con0s0x cARRIEES " chanel Cente (©) "Tho enrier can alto be a common cazrier even if te operator dace not own the viele gr veccl that he or she porns 601. BROADER CONCEPT. The shove-enumerated chara: teristics of common caries derived fram cas lw indica an pending concent of stninon carrer. Carrer, which are considered ‘ommon caries ina numberof docsions do not fall eat ito the ‘oncapt of common catiere emntemlated in the test annowneed in ‘National Stee Corporation v- Court of Appea:™ ‘a. Infactthe Supreme Court explained in Luzon Stevedoring one. The Pable Serce Commission that iti not necesry, ‘onder tig definition, chat onehelds himself owt as verving or willing Ugorve the public ase eats or at large inorder to he onsidred public serie. In the United States whore, ad hore is wo fe defston of what onattntes po serene ple ity iin el hat aiitivape aceon, nda ob 8 Pe sri hat organization ‘elgcened tombe un, ay seay and wily to serve he publics ‘Geo Ie is nly onosery th fe must some way be impresnod wih & file infores and whther te operation a given buon «pai aly dopene upon tor nwt theses rendered fice publi arc and of ple sosequene th onern. GT CJ. 8) Ty & Sule maybe afecind wth pb itoet abl yguatd fx pale pe ‘bough pot undar ay ty ta serve th publ (Am. Jury #72) ‘ean eaely be ded thatthe contacts butmeen the ownets of te arse and tn ono he eergn at bat war ordinary ontats o ceatpltaon an talon Feline watercraft was mand ential reves intr emply ord paral, nd the operation esa cao ‘hier fer dvelinn a cont, hs eustmro aoting no repo [er the goods banded cn te barges The peat preponderance of the ‘vides somtadists he aneten Ut har was any pial or sable ‘Stwepane ofthe posession of the tents apd barge tothe shippers Sethe the sgrsmants wer writen or veal the manner of pyeens THESES thereat queso bonded spd unloaded the ar, the rovsay thn din ofertainseodpotn evidence, tlw itunes hae ven much atontum theme are aes of fra which thom ler to aon nate of he slaty of the partes the ‘Panstw ori ye fndamena et feed ge eee ai He se 8 Sc No. 1a, esober 12, 1987, 289 SCRA 48, 6. SEH Ne von cber 6 5"SSENTAL8 OF uNGrERDATON xo PLAC [ei cotandd shat ith Pate Savin Act weve to be constcu ‘i such manner a to ineludo private lee contri id lav woul be stoning impinge a prvent Se lw fom bing ‘contravention of the Constant shou be op ead a nema ont thom prs and eespnies tata in fact enpned fo atic mio ‘th eoreponing quifeation oan ftom innately “Se india the Tehas bean slradyshowa that th ptone lighter and tagonts ‘yore nt ese bat used nt gods or conpenaten ata ed us ot {se wig AC the very ast they were se, iodine ens at tbe Shipper: dnt have dito, conan sunnah A carers etre of iena 602, ANCILLARY BUSINESS. Arle 1782 makes no sitn between on whive pip tans sg the ‘Soot porn ron none dsc erg cnt abn ancy ety rl om, ln), Hoan Sb ut En af oes parent Case tas cone smn or nog i opal nes ‘rsa nk dlr Si epondent was engaged in buying od Tots sep metal n Pangasinan per une ani of auch srap tna epee eld rng mek overt Mai ea: Hele we wok en Site owner ang eter Me Ost os tip toPenasian seenot wold adhe le wit cps hich vanou merchant waned dalvcred te exis, Pangan Por hat sore ronan cael fgt eat ‘ere commonly ler thn ogi eomaecal rare Tha tet 1 tranmperation of ude allay the main bese et bring nd waling ee ht od snp etl the Spree Ct oadered the eat epee common cas 603, LIMITED CLIENTELE, Although the clientele is lim: ited, the regularity of tho ctv ofa cartier may indeate that ‘he sume caver i «common carrier. The Supreine Cour rled in Euaon Stevedoring Ca, Inet. The Public Service Commiaion® that inst the legislature may act desire sconipany or entarpise tobe "public uty whon its nt inherently auth, a publi wlity may ‘oterade contra and supervision ofits operation by the government SEE Te, pet 0, sescta a SR No. se Spt ok Past — Connon caRaIEES ” chaner\— Gn Comaesn by electing its customers under th guise of private transactions ‘Tho Court explained: 0 the econd propa, the Pble Serie Commision fs n oar jens interpret the Taw i acordanc wth Igiltiv nent, (Coetmowenit Act Ro, 246 delare In ueqrerl langage tet 05 (Stapeue af any af the His thrsin enamerntel se poble nei If ‘latte or ie or eompenttion sven the operate: deal nly with 8 fron of hep oe itd ental hasbeen cen tht pity, wer the erm ee eine ty tat ot erin bert pata ww Nox ESS ete it sere sede oy ter cotet prevent 5 Spy tele li 9 Ss) On eer anal ines sre devo aires oat ‘amd not ough tu categney of rte wy The Feet eles ence ion dfn ch ‘Sting ered by pein euseanen “tis impos ny downy gueral lo on eeu wher ‘the eneringet inset ervsn tomentose public by an acid secretin whese pina since of Mlernt nature const Socom ui iin he orl ech theese are noni, RE'Gomarinoled dapende ao sth fatore a the ent of even ‘Thther such pero or smpany hs held href or ef Oat a rend {Chere Ge prac pron 6 th public generally or inher aye ‘Gots hime or ke ae wpa In several asst ha oe ‘eit the tke nitriles rendered to ire onetutad sok eres reeset pulley but ther cays cnivary decison as ‘cetzncbe’ 8 Am sur Si8) ‘The tanaportaton serves which was the sje of compl was tut canal ornate bee ned euler for ea oe “hire rief charge Alou he muerte peitoneré cantare (Wes United the valu of gos trnepored was oot incnsferabe ‘BUwar id not bave che come ester al ete embrace in Ue ‘Somes and Une was aera to Belov hat thoy woul not st, ‘Sul ere wan ntng to preven hem rom acon ew custome the Sidht oe wllag tans barsarie tsbecstent ofthe eapacty. Upon ‘Beetwiied facts sr aplcd wth planter of Cammetosth [haNo. lib ne are of the opine thet the Puble Service Commision’ Grr doen adept pho popety rnc” In Luzon Broterage Company Public Service Com mission” the Suprema Court dedared thot Act 454 is else ia OH Gath Samet 9.27 ting an Steering I © Te ‘ute evs Conan Ne ts, Spee 16158™ RSSENTILS OF MANSPORTANION AND PUBLIC ‘nluding inthe definition of public earvice that whic is rendered {ir compensation, although limited exclusively to the customers af the petitioner. Th that case, the Luzon Brokerage Company, ¢ ‘astm broker, had been receiving, depoating nnd delivering gode Alaeharged from ships atthe pier its customers, Lazan Brokerage vwas then rendering transportation service for compensation to 8 Timited eintelo, nt tothe pubic at large. Convers that provide bus service to achoolehilren are common carriers. Necessarily the clientele ofthe ao-alled schoo! bss are limited to atudenes of partiularschole were thie past sengers sty. ln Spe. Perna , Spm, Meo tho Cour consladed thatthe petitioners asthe operators of echodl bu service were") ‘engaged in transporting passengers generally a busines ot jst ‘8 casual occupation ()underiaking to etry passengers over ee {sblisho rads by the method by whlch the businses was conted; and (transporting studente fora fea" Despite catering to «Ii ited lent, the petitioners operated asa common entier beau ‘they eld themselves out asa ready teangportatin indiscriminately to the students of particular shoo! living within or near where they operated the service and fora foe” © Customs brokers have been regarded a8 common cas- tiers because transportation of goode is an integral part of thie busines." In ne caso, che pecltoner, a exstome broker and ware Ihooseman, was declared a common carsier although she doce not indiscriminately hold hor services outta the public but affere the same to select partes with whom she may contact in the conduct of her busines. Inthe ead cae, petitioner entered into a contact ‘rth SMC to transfor paper and erat board from the Port Aves in Manila to SMC's warehouse In Brine, Manila, Ass commen eat er, she s bound to exorcooextracrdinary diligence in taneperting he goods andi pressed to be negligent whan she ald to daliver the same Trobe RIP Nena OF Ne 090, Apt 8201 abn 9 Cott tora ety ob a Sa (2x sa ath Ro tae a aes ‘Ine. Glo Brherge Corporation CR. No 1046, danaey 10 OL See ‘nna & Dargo Tin Gat of gpa 8,11 aie. CEP Gal ina Oe Uh er i Sah 8 age 1—conowon canes ” hare Consent 4._tm Phi Amerion General Insurance Company & xs Shipping Compan rernaeat PHS Sipping Coreen {Peeper the 7000 bags af eomet of peter DUNC ESPEN bare of coment sak torther with the barge when 2 ‘ate cae tin the Iter.‘ Suprere Cour declared th SHS waa common carer beouse wes engaged in the Dusiness tearing eo for others fr fee "Me regula ofte ctor She oeeates ore thon jt a cal att oo Chora teconap of ecomnon carer hange merely erase week entats ave excatd or entered into withthe paLons Seineantee" FRS wae dodated a common erie akbough tad Smite aot eene 'e_ YnAviaLighterageand Shipping, Ie. Courtof Apes tae i ieee nt Wann fang le te bergen basso Seed and pub Kan ute i ‘hn termi an an no ete. Te Suyrome Covel ‘Sta the pelo cmon nr yong oth ‘inl buns of pttonert tht of gong ab ravage 2a tees ita barges tte pb for carving or tsnapoting tr compesnin Fone sted 8 mon Cn a a yh sie che ama casor nas not havea fred and ply known wate or Soni nao to maintain terminals ous Gk {Wald em nha notion hat nace ietision, private entity that operates ashe tain of ‘Rover wth ges tnpratin se he cred ae of "Siportbevrcen the passenger terminal and congnorace ai {eh uongors inde whe core to meet o ose af the pas Songer and tin employes, crsiore pe tranaptation falda hve duty of tramdinary ore regan he ‘purtion a a anor of passengers n sch public emveyance. TERE Ties aps. i, Cnt apn Sad 186 (1890, Sv cla Bard Hose Ge sth Moy sno se ha asa tae veto err vei eo io, idy Sch Oe Be pets i einige at Ct edt ne re let rn Meee groom ion» -BSSRTIALS OF TRANSFORTATION AND PUBLIC ‘Uemtes a Eo — miemcpe cette aeenais ta Sch enian eso ttcae icone cm i a ear sieede opirtine gee image cee re oe Soni cy ateyemmetecmencars Gta Sem an fy enn ey area rete rapa ae SCSI tare carp SEERA merc Senta oe oes Exccceiactea norirgtenamedgeed Si Mg ete rn Scene {604 MEANS OF TRANSPORTATION. Tae Supreme Court ‘sled in Fret Philpine Industria! Grp, Court of fppases ak ‘ie operator are common cases a re cbf Yo sana {s3s on common carer Such operas te common carers, Xf the olor petoloum product are bing anported aot though motor weiss but though pipelines, The Cou used te sts fo o6 dalvered to te cosines there were ‘ortgeetmownting to 10 8000, Te luktene srpsay paid ahead opt inhumane Sia ie ‘Ac XShippingLinw ant abe here woe arson charts, XShipping ies agen eary pei ara or Saeed apc orn ‘nly bsomes a prvte cari. Ham, he Now Col Cos roviens ‘i combon err cannot ke aplog wher he cme et ng {SF soch but ara pvt cre, Aaa pees ease, «plain ‘tepling the sip owner fom ibe or the nelgsine ogni ‘ne apnns ply ands docnod vai 8 COMMON CARRIER DISTINGUISHED FROM OTHER CONTRACTS. Common oerirs that camry of transport Part 1— conuoy cansaens a Rap Genres ons by sen should bo distinguished from these who are engage in {fowage and ftom artastre operators 9.01, DISTINGUISHED FROM TOWAGE. In towage, one voxel i hired to bring another vescel to another plage. Tus, = Tsboot may be hited by a common earsor to bring e barge to 8 port Ta this cave, the cporaor ofthe tagtost cannot be eosidared {common carrier, in maritime law, it eles toa service rendered weasel by towing forthe mete parpoce of expediting her voyege tvthout reference to aay circumstances of danger. It is usually Cnfined to vessel that have oveved no injury ar damage * ‘a. Theparty that provides te servcoin a contractoftowage inveguinedtocbserve the due dligenc ofa godfather ofthe family ‘The negligence of the oblige in the prformence ofthe obligution| ender him able foe damages fr the resleinglss sored by Une ‘Shliges, Fst or nepligence of te obligor consist in his failure to xeric due care and prudence in the performance ofthe obligation fs the natareof the obligation oo demands 1b, For instance, the exercise of ordinary prudence by the ‘operator ines the duty to ensure tha its tugboat is free of faachenical prem. While edverse weather has always boon ‘eal thee: to marine commeroe he lest that the operetorof tug boet should dole to nse that the tugboat would be able ecu the vase being towed a al times during the engagement Tt does aot follow, however, that a corporation that ceporats its buineee using tgbonts Heat pulls barges is engaged in oe fowage The cieamatancee may indeate that the corporation {Bengoged is business aes common carer Thus the defendant jn one cae was " privale slvedoring compeny engaged in teansporting lnal product, including gecline im bulk und has fest of aot 140 tupbonts and about 90% oft busines ie devoted to transportation, Though i i engagod in a limited contract of faring in the spnse that it chouoe it customers andi not open to the publis nevertheless, tho continuity of its operation in this kind tf business has earned forthe lovel of «public uit. I should TRI nn 6 Bp ‘Capit ein Meng Cap. cot Scand ‘Standard Vac 08 Company Lame Stern Cpr, Ine, © Ne. Rp ee” Sans oF aneroREMON Ao FURLC bo notod chet both the tugboat and the barge involved inthe case ‘belonged to the complainant in this ease. PROBLEM: 1 Wile a a, th cpiin of ves Aree dcr signal from sd B ant voce A eopnded and fd vest! B wit age Fue and dingo ours, Upon sceptane by veil Bo veel ‘Atoll vasl A tonnesed i ines o tare! Bd fo {hes invaves nage where te ears te cre othe veel tht pertormal the sleao ae ented to compensoes, However, {hare no lege nthe prevent nse bts eaneet of omags 902, DISTINGUISHED FROM ARRASTRE, Arraste, Spanih word that refer to healing of eargo, comprehends the handing of cargo on tho wharf or between tho extablahment of the consignee of sbippes and the ship's tackle. "The respossihility ofthe arrestee operstr let until the dlivecy ofthe eatgofo the ‘naignce Langshoremen sally prform the service" ‘The functions ofan arratre operator usually include the {otlowing: (1) to receive, handle care for, and deliver ll merchandise imported and exported, upen'or pasing over government-owned wharves and pier inthe port (to record or chock all marchandie ‘which may be delved ta eid porta hipede, and in gonerel an (8) to farich light, and water servis and other incidental services Imavder to undertakes srrstreservion'™ 1. Hence, the functions of an arrasre operetor have nothing to do withthe tfade end busines of navigation, nor tothe re of operation of vessels Both as to tha nature ofthe funetions andthe Se ree tere etn rem mee oogmereatie rere Sto Pa sepia maeanine eran moe a Oatabee 14, 2015. acne semen ag — common cannes a chr Ge Conte plac of their performace (upon wharves and piers hips), the {srastre operaiars serviws ate clerly not maritime, They are in Tact no illeent fom thoos of depositary or warehouseman. Bvon Litho arastreservioa depends on, assist, or futhere maritime ‘transportation, maybe deemed merely incidental fits aforemen- Homed functions as arrestee operator and doos not, thereby, make the sevice maritime charactor ‘e_ The oparaton ofan arrastre operator sterts on and its responsiblity fr the merehtadise and goods begins from the time ‘hey ate paced upon the whaeves or ples or dlivered along sides of hips The functions of an arrastre operator involv the handling ‘tengo deposited on the wharf ar between the establishment of the ‘inaignee or shipper and the ship's tackle. Being the custodian of the gods dacharged fom a vescal, the arrasre operator's day is ta take good care af tho goods and turn over tothe party entitled to their gorsesaion™ In some eases, however, tho east operator nay be even bs task to unlona the cargo from tho week 4. In Summa Dreurance Corporation v. CA and Port Sercice nc; the Supreme Court smposed a higher degre of digence on the aerasize operator explaining that: ex Th atinsip thera between the consignee and the srrastre operator muss be tzanioe!. Ths vlatoneip oh ent ‘ir euingtntween the ensure se owner of shipped goede and te omman cari or hat beeen & depose an warehouse, Ia the ‘fetonsoce efits obligation am arrante operator should cbserve ‘he same degree of eligonce a hat required of «common carrier land's warchouseman se emanated ndor Ais 1790 ofthe Ce ‘Gad and Sst St) fh Wagcoase Race Law, respectively. Being ‘he custodian of the goods dacharged from a vessel, an areas ‘Sperstors duty Ist take good ere of the goods and to tar them ‘her tothe pasty ened t thelr posession aphass supple" Berea cae snins no mre Sone 2s Piles Ft rnc Co Tne SE Sern TOR oe a ‘hun Torin Pian Saurav aT, Of No S126, Jly 24, someeegesesierae bri oametan ERs Sathana oot™ SNA OF EORTATON AND PLDC ha sIiommon acer nay bel say abe ithe arate operator sepeningon the etcumstansn hey eay ot be ‘hi dary steal ins shld be eed tht th te ievste operator and th sstor ay bo charged with ad {a deliver the goods in good eondlton tothe eonsgnee = However Ah ably of te care usualy remains unt delivery ofthe goods tole consignee: hum the sstody of the creo oma wl he ses are blag unloaded ™ £ Insomocases, however, sldary Fibility may be imposed ‘against the carrier lth arrastro operator fbath thelr empleyees| ‘wore eonowenty negligent. Thus, slidary Habit is imped it ‘there was concurontnegligance in unloeding the argo verlting a Aamagestherta'" In one ease where the atrstre operator was the fone that actually unloaded the cargoes frm Ue vst, the arrestee ‘operator and thecarrier were made solder Liable when thecargoee {ell while being unloaded. The case's cligation to exrcne due Aiigenee remained until actual davery tothe consignee.” The aa case of jin toreesaar Tt may ba validly stipulatod that the Habilty of the arrestee operator i ited tos certain amount unless the value of the importation is otherwise epocifod or communicated in wating ‘ogetnar withthe invoice value and supported by neat packing ltt thar operat by th eyes party or parte be Srsval ofthe gods. The esipuletion roqulring a consignee to Infarm the arrasire operatat and give an advance notion of the fsctual invoio valu of the goods to be putin its custody i vali 10s for the purpose of detormining its lability so thet it may hts compensation eommensurable tothe risk i assumes, no for the puroee of determining the degree of care or dilgeace it mut exercise aca depoitory or warehouseman.™ Tipe Pet Iran Ca oe. Wal Pipi bing, Sea Spee han Fri woe, a, ater Singin, Ine Gee Sp GH Meo fp i oe SER, ce nn spar mining Coren paw —conauos canis % cesar Soe Coane 903, DISTINGUISHED FROM STEVEDORING. Note fusther that the common camiero and arrastre operators should be datnguaed from persone or enstce engaged in stevedoring, ‘The function of stovedores involvee the loading and unloading of ‘constrne vetoes calling atthe port." "Tha word etvedoring oriinatod from the Latin word “si por,” meaning "to stuf" Stevedoring was dorved diet frm ‘Spain and Portugal. Ietarted as a phonetic spelling of Spanish et tribador or Pstuguete estvador that erally means "a man Who Stuf inthe sense of «man whe as shipe.”™ 'b, Stevedoring refers to the handling ofthe cargo in the holds of the vous! or between the ship's taco and the hols of the ‘esse Te responsiblity ofthe stvedore ends upon toloading and ‘owing of the cargo isthe vessol™ fe. ‘The diligence roqired of a stovedre is the diligence ofa ood father of family A stevedare lo nota common carver fbr it doesnot transport goods or passengers i ia not akin 9 «| ‘warshoseeman forit doe not store gods for prof. The loading and ‘Howityofeargoee would not havea fur-reachiog pubic ramifistion {te that ofa common cavier and a werohousemea; our laws on ‘contract and on qoasidlit adequately protect the public. The public poley considerations ia legally imposing upon a commen Envir ora warchouseman a higher degre of dligenceie not prevent ina stovedaring outft which mainly provides labor in londing and ‘owing of cargcs fr its con's 904, DISTINGUISHED FROM TRAVEL AGENCY. A travel aganey isnot common career. In many cases, the objet ‘of contastual relation ofa person who purchases ticket through f teaeel agency ia only the apenas wervce of arranging and facilitating the booking ticketing and accommodation inn package four In contrast, the object of the entract wit a common carrier Tease Br. Calera Rave, GAL No L764 Ney "Sinan Temi and Baurage Sun Ine w Panis Asan ‘amp eft eg 5 Gy ne Ne 107, My[BSSENTIALS OF TRANSFORTATION AND FURLIC ‘UnuaS AW ‘is transportation. Tho contract between the travel agency and a passenger in contract of service and nota coteserafeariage* The Aiignce rouird of a travel ageney isnot extraordinary dlgenee but that of «good father a family under Asc 1179 of tho Now Givil Coda However, the travel agency and the earriet may be smade jointly and severally Binbes* 10. ‘TRAMP SERVICE AND LINE SERVICE, Cargo op: ‘ation may bo classed into twe types, namely, line teriee nd tramp service, 8. RA. 9515 definos “Line sense" asthe operation of cominon carve which publiely lfre servos without daciination to any user, has rogular pores of nlldstination, fixed saling schedules and frequencie and published freight rates and attendant changes and usually carries multiple ensignments" Liners carey "gneral cargos,” meaning whatever is offred iz acepted fat shipment b. On the ather hand, RA. 9516 defines “Tramp corios’ as ‘he operation af a contract carrer which has no rular and fixed utes and eeedsles but aswpts cargo wherever and whenever ‘he shipper desires, shied ons contractual basso charised by ny one or fow shippers under muteally agoed terme and uowally ¢arties bulk or break bulk cargoes, Tame ‘tle their capacity for fhe carriage of bulk cargoes as deeiredby the shipper, whe orinarly engages the whoo the ship; euch voyage is thue a matter of paca surangement between the shipowner end shipper" The tammp seeks and usually gots ful cargo loaded by a singe shipper aad Such eargoce are moet on in bulk or in standard packages sad ‘typically consist of raw materiale foals and unpooseeed fonds so vital tothe werld economy Treiman Te Cust pp el GR No 1885 Ang 25,20, onscna 8 a nee se mi iy Pe Away unis Rae eal OF, No 1850. ne CatayPc ane Sta Ree a i orn Oe tl Gt Bk, J, Th ‘wreHp nied london incense A pant — common cansuens e haga salen ,_Notieubly, while RA 9615 refers to an entity ngage in "Line Servet" an «common easier, an anti thet provides “Tramp Serve” is only refered to asa “contract cari” Nevertheless, those engaged in “Tramp Serviw” may aso be considered common, ‘carrer deponding onthe circumstances. 11, GOVERNING LAWS. Articlo 1705 of the Civil Code cxprestes the primacy ofthe sad Code over the laws tht were in Tce proe tos enaetinant. Arto 1766 provides ARTICLE 1766, ll matters not regulated by tis ‘code, the rights and obligations of common caries Shall be governed by the Code of Commerce and by spect lave However, Ariste 1760 ofthe Civil Code i luo explicit ‘hat with rspoct to cases involving as destruction or deterioration tignds, the law of the county of destination shall eply- Thus, Philippine Lawe shall apply if the goods are to be transporte from ‘Jepan othe Philippines” ARTICLE 1753. The law of tho country to which the ‘goods are to be tansportd shall govern the lability Of the common earl for thei loss, destruction or Setorortion. The Supreme Court explained the rues on the applicable laws reesei iterations erviage in. ono cabin this wie: mens te ty eet Suma een cent craaania eeeetmeneceectne Peepe ci nae cerrrnteare Sete Se Soe ciekere ieee SS See cone toe ase eco Te ing Lites nr. Te Nisin Pan Man anne Co. stat. Gie Lt ny ag a, 8 ‘Sid ne Ere Mig Ca nv Nate Ld 92 SORA 8 (sang an iin Pn ne epe 110 a 2 Ze 0 ce an ar Siero Sci a