TRANSPORTATION LAW One who attempts to board a oving vehicle althou e has

MEOWNOTES a ticket unless the attempt be with the knowedlge and

Atty. Ventura consent of the carrier – No
Moot Court

Contract of Transportation  There must always be an offer of the common

carrier
Art. 349 Code of Commerce ‘
Dangwa doctrine

- The act of the driver ins stopping their

Passenger – one who travels in a public conveyance by conveyances is a continuing offer to riders. The
virtue of a contract passenger is deemed to be accepting the offer if
Shiper – th e person who dleivers he is already ttempting to board the conveances
and the contract of carriage is perfected from
that point
- Consignee – persin the goods are to e delivered - As to what is carried
who may be: o Conteact ocarriage of persons
o The sipper himself as in the case where o Goods
the goods will be delivered to one of - As to whome
the branch offices of the shiiper o Common carriage for passengers or
o The person whois not the shipper or gis goods
ahent who shall drecieve the delivery o o Private – is made privately and not sas
te goods part of n ongoing business concern
- Contracts carriages are perfected by mere - Consideration
cosent o For fee or hire
- The law does nor requrei any formalities to o Gratuitous
make a carrier laible for the liabilities of a - As to location
carrier o Land
- Is the issuance of a ticket or any written o Air
contract necessary? NO o Water/marine
 Marine overseas and oceans
PASSENGERS
 River transport ( over inland
One who has not yet boarded any part of the begicle waters
regardless of whether or not he has purchased the ticjet - Relative locations of departure arrival
- NO o Domestic interisland coastwise- both
points are w/in same state or territories
One who remains on a carrier for a runreasonable lenth o International/foreign - where the
of time after he has been affoerded every safe points of departure and arrival are in
opprortunity to alight - No separate
One who has boarded a wrong behicle has been - Statutory definition – Art 1732
propertly informed of such fact and on alighting is  Other tests not just 4 fold.
injured by the carrier – No
TESTS of COMMON CARRIER
One who rides aby part of the vehicle wich is unsuitable
1. Two-Pronged Test
or dangerous or which he knows is not designed or
a. Part of General BUsinsess Test (asia
intended for ppassengers –
Lighterage vs CA
One who boarded bt fraud stealth or deceit – no
Ranz Kevin Quiles / Juris Doctor / University of Cebu – School of Law / 2019-2020
 b. Public Representation Test (Nat. Steel
corp. vs. CA 1997
2. Four Fold Test (FPIC vs .CQ 1998
Four Fold Test (EK-MEeH)
1. Must be Engaged n busness of carrying goods
for others as a public employment and old
himself out as ready to engage in the
transporation of goods for persones generally
as a business an not as a casual occupation
2. He must undertake to carry the goods of the
kind to which his business is confined
3. He must undertake to carry the Me thod by
which his business is conducted over his
established roads
4. Must be for Hire
Two- Pronged Test
 2 pronged test based on the statutory definition
of a common carrier
 The true test of a commn carrier is not the
quantity or the extent of business actually
transacted or the number and character of the
conveyances used in the activity but whether:
o The undertaking is a part of the activity
engaged in by the carrier
o He has held out to the general public as
his business or occupation
Part og the general business test
- Based on 1732 : common carriers are oersibs
ebgaged in the business of carrying or
transporting passengers or goods by LAW for
compensation
- The part of the general business asks the
question “ is the carrage of person or cargo
isolated undertaing- the test is whrher the
givern undertaking is part of the business
engafed in the carrier which he has held out to
the general public as his occupation rather
tghan the quantity of extent of the business
transacted
- It is the character of the business thati s
important
Public Representation Test
Ranz Kevin Quiles / Juris Doctor / University of Cebu – School of Law / 2019-2020
- The prong of the test is based on the 2 nd part of
1732 which provides that persons engaged in
the busnes sof carrying or transporting
passengers or godos or both offering their
services to the public
- “ did the person hold himlsef out to the general
public as undertaking to engage in the activity
of carrying perons or cargo as the business or
occupation?
Transport Network Compant (TNC)
- An organization wrther a corp part, sole pro
that provides pre-arranged transpo servies for
compensaton using internet-based tech
application ao digital platform technology to
connect with drivers using their personal
vehicles
- Califronia Public Utilities Commission
- Based on DOTr Do, 2015-11 which amended
Do87-1097
TNVS
Transport Network Vehicle Service
- Official term used to describe vehicle owners
who provided services via platform application
such as that of Uber and grab
- Dotr issued DO 2018-12 june 11 2018
- 1. Expressly classified public utolites TNC and
TNVS
- Confirmed the full regulation and supervision of
the LTFRB over TNC and TNVS
- Expressly clarifies TNC TNVS as CC
- Affirms LTFRB power to issue cert of public conv
to TNC and their accredited TNS as well as
renewal
- LTO with regard to registration of cars and
drivers
- Issuance of CPC for operators with LTFRB
- Affirms LTFRB authorirty ti determine fairs after
public hearing
- What are the implications of this DO
Common Carriers by operation of law
1. Oil pipeline operators (Petroleum act of phil) Ra
387 art 86
 2. Electricity Distributors (the distribution of
electricity to end users shall be a CC ra 9136 sec
22 EPIRA
Corporate franchise or primary – operation of law
Secondary francise – engage in business granted by
authority other than sec. created by law
PDR – not found in SRC but may be lumped up with
other securities
- Industry practice not part of statute
When can you convert a common carrier into a private
carrier
- A "charter-party" is defined as a contract by
which an entire ship, or some principal part
thereof, is let by the owner to another person
for a specified time or use.
- that a public carrier shall remain as such,
notwithstanding the charter of the whole or
portion of a vessel by one or more persons,
provided the charter is limited to the ship only,
as in the case of a time-charter or voyage-
charter. It is only when the charter includes
both the vessel and its crew, as in a bareboat or
demise that a common carrier becomes private
Service Providers
- Travel Agencies – no. because agency service of
booking, arranging and facilitating ones
accommodation
o Diligence of a good father
- Towage Operators – A service rendered to a
vsessel by towing for the mere purpose of
expediting voyage without reference of any
circumstances of danger
o What about citom towage? NO. It does
not facilitate voyage (ordinary
Diligence)
- Stevedoring service – contract for the
unloading of goods from a vessel.
o Public Utility - A business or service
engaged in regularly supplying the
public with some commodity or service
of public consequence sush as
Ranz Kevin Quiles / Juris Doctor / University of Cebu – School of Law / 2019-2020
electricity, gas, water, transportation,
telephone or telegraph service.
- Arrastre – Not a PU. Metroport Service Inc. vs
IAC May 8 2009) GRN 66253 1992
- It discharges function heavily invested with
public interest.
- “ arrastre service comprehends the handling of
cargo from the shipper to the consignee. Its
responsibility lasts until the delivery of the
cargo to the stevedoring. Same diligence as
common carriers
2 TYPES OF MARITIME CARGO CARRIERS.
- Liner Service- CC which publicly offers regular
ports of call fixed sched, published freight rates,
multiple consignments, “general cargoes”
- Tramp Service – contract carrier with no fixed
sched and route, contractual hiring. Usually
single shipper for bulk.
Registered Owner Rule
- Apply to TNVS or both TNVS and TNCs?
- The person who is the RO of the vehicle is liable
for the damage caused by the operation of the
vehicle even if the vehicle is sold at the time of
the accident
- May be vicarious liability as regards tnvs/TNC
- In case of vicarious, under the ROR, solidary
liability.
- Policy which prohibits kabit system also applies
to vessels and aircraft
Liability against 3rd persons
- Kabit System will not apply.
o When neither of the parties is being
held liable for damages
o Negligence of another vehicle
o When riding public was not bothered or
inconvenienced.
- Boundary System –
o Fee for the use of a unit. Whenever
driver earns excess of amount, it is his
income. Similar to a lease.
PASTE
Bill of Lading – delivery If original BoL is already surrendered, is there a
presumption that the CC is discharged of its contractual
 With stipulation – Not exempted
obligation?
 W/o Stipulation –
 From phil to abroad – COGSA - No. It is not a condition precedent thus there is
 From abroad to Phil – Civil Code no presumption of discharge

Excusable delay – not terminate but suspends Contract What are the stipulations deemed prohibited?
of carriage
OLD -FETUs 1745
- Must exercise extraordinary diligence.
1. Transport at risk of shipper or owner
- Not considered a warehouseman
2. Not liable for Loss, Destr, Deterio
Inexcusable delay (ALDEN) 3. Need not observe any diligence
4. Less than that of good father
- Right to Abandon by consignee 5. Not responsible for acts or omission of
- w/o just cause Limited liability cannot be employee
availed 6. Liability for acts of thieves or robbers do not act
- CC is liable for damages with grave or irresistible threat is dispensed or
- Duty bound to exercise extraordinary diligence diminished
- A natural disaster will not free the carrier from 7. Not responsible for LDD on account of defective
responsibility. condition of the vehicle

FANCOE
Factors SARG DEFENSES - FANCOE
- Suitability of vessel 1. Acts of public enemy
- Reasonable possibility of danger. 2. Acts or negligence of owner
- General nature of the carrier’s business 3. N
- All other attendant circumstances 4. Character of the goods
Instances when the carrier may validly refuse to accept 5. Order or act of public authority
the goods (DUUO- CITES) 6. Exercise of extra ordinary diligence

1. Dangerous objects CASO FORTUITO- those in law that are extraordinary

2. Exposed to danger events cannot be foreseen or although foreseen are
3. Goods are unfit for transportation inevitable
4. Acceptance would result in overloading Force Majeure
5. Goods are considered contraband
6. Injurious to health 1. It must be impossible to foresee the event
7. Failure to tender goods on time 2. Cause of the unforeseen or unexpected
8. Goods like livestock will be exposed to disease occurrence must be independent of the human
9. Strike will
a. What if strike preceded riot? 3. Occurrence must be such that it renders it
impossible for debtor to fulfill obligation in a
Duration of liability (1736) normal manner
1737 – delivery to port authority not delivery 4. Debtor must be free from any participation in or
aggravation to damage to the creditor
a. Fire: not always. Fire may not
1745 automatically be considered a natural
disaster or calamity. Not
Ranz Kevin Quiles / Juris Doctor / University of Cebu – School of Law / 2019-2020
 comprehended in art 1734. In 1735
presumed to be at fault.
b. Heavy Rains: No. Eastern shipping
c. Hijacking: No.
d. Public Enemy:
i. Must be sole and proximate
cause of the loss.
ii. Existence of actual State of war
except piracy
iii. Exercise of due diligence to
minimize loss, before, during,
after.
e. Thieves, robbers, insurrectionists:
i. In a legal sense public enemies,
but merely private depradators
thus not public enemies
ii. Pirates are enemies of all
civilized nations thus excuses
liability.

Campania Maritima Case: extraordinary diligence is

checking the weight

Defects in packaging 1732

Even if caused by character of goods, must exercise due

diligence in forestalling the loss.

1734 – exclusive or closed list

NEXT WEEK – until 22

Ranz Kevin Quiles / Juris Doctor / University of Cebu – School of Law / 2019-2020