12th Week - Commercial Law
passengers transported by them,
• Give the definition of a common
carrier under Article 1732 of the Civil
Code
- Art. 1732. Common carriers are
persons, corporations, firms or
associations engaged in the business of
carrying or transporting passengers or
goods or both, by land, water, or air, for
compensation, offering their services to
the public.
• What are the tests to determine if a
party is a common carrier of goods?
1. He must be engaged in the
carrying of goods for others as
public employment, and must
hold himself out as ready to
engage in the transportation of
goods or persons generally as a
business and not as casual
occupation;
2. He must undertake to carry
goods of the kind to which his
business is confined;
3. He must undertake to carry by
the method by which his business
is conducted and over his
established roads; and
4. The transportation must be for
hire.
• Discuss Articles 1733 and 1755 of
the Civil Code
- 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 and for the safety of the
according to all the circumstances of
each case.
Such extraordinary diligence in the
vigilance over the goods is further
expressed in Articles 1734, 1735, and
1745, Nos. 5, 6, and 7, while the
extraordinary diligence for the safety of
the passengers is further set forth in
Articles 1755 and 1756.
- Art. 1755. A common carrier is bound
to carry the passengers safely as far as
human care and foresight can provide,
using the utmost diligence of very
cautious persons, with a due regard for
all the circumstances.
• Discuss extraordinary diligence
- The extreme measure of care and
caution which persons of unusual
prudence and circumspection use for
securing and preserving their own
property or rights.
• Why is extraordinary diligence
required in the performance of the
functions of a common carrier?
- They are required to exercise
extraordinary diligence for the full safety
of the riding public and for the protection
of goods being transported from
boarding time to arrival at the place of
destination.
• Discuss Article 1734 of the Civil are presumed to have been at fault or to
Code have acted negligently, unless they
- Art. 1734. Common carriers are prove that they observed extraordinary
responsible for the loss, destruction, or diligence as prescribed in Articles 1733
deterioration of the goods, unless the and 1755.
same is due to any of the following
causes only:
(1) Flood, storm, earthquake, lightning,
or other natural disaster or calamity;

(2) Act of the public enemy in war,

whether international or civil;

(3) Act of omission of the shipper or

owner of the goods;

(4) The character of the goods or

defects in the packing or in the
containers;

(5) Order or act of competent public

authority.

• Discuss Articles 1735 and 1756 of

the Civil Code
• Discuss presumption of negligence
in cases involving common carriers

- Art. 1735. In all cases other than those

mentioned in Nos. 1, 2, 3, 4, and 5 of
the preceding article, if the goods are
lost, destroyed or deteriorated, common
carriers are presumed to have been at
fault or to have acted negligently, unless
they prove that they observed
extraordinary diligence as required in
Article 1733.

- Art. 1756. In case of death of or

injuries to passengers, common carriers
13th Week - Remedial Law
A. What is a remedial law?
- That branch of law which prescribes
the method of enforcing rights or
obtaining redress for their invasion.
- Aka Adjective Law
- Prescribes the methods of enforcing
those rights and obligations created by
substantive law by providing a
procedural system for obtaining redress
for the invasion of rights and violations
of duties and by prescribing rules as to
how suits are filed, tried and decided by
the courts.
- Enforcement of rights
B. What are the parts of the Rules of
Court?
• Civil procedures
• Provisional Remedies
• Special Civil Action or Certiorari,
prohibition
• Special proceedings
• Criminal procedure
• Evidence
• Rules concerning admission to
practice of law
C. What is jurisdiction?
- The power and authority of the court
to hear, try, and decide a case.
D. What is exclusive jurisdiction?
- Refers to power of a court to
adjudicate a case to the exclusion of all
other courts.
- It is the sole forum for determination of
a particular type of case
- Decided on the basis of the subject
matter dealt with by a particular court.
E. What is concurrent jurisdiction?
- Referred to as the coordinate
jurisdiction which is the power conferred
upon different courts whether of the
same or different ranks, to take
cognizance at the state of the same
case in the same or different judicial
territories.
F. What is original jurisdiction?
- The power of the court to take judicial
cognizance of a case instituted for
judicial action for the first time under
conditions provided by law.
- Case on its first instance
G. What is appellate jurisdiction?
- The authority of the court higher in
rank to re-examine the final order,
judgment or a lower court which tried
the case now elevated for judicial
review.
H. What is civil procedure?
- The body of law that sets out the rules
and standards that courts follow when
adjudication civil lawsuits.
I. Stages of a civil actions
• Preparing for a case
• Filing of complaint/petition
• Pre-trial
• Trial
• Judgment
• Execution

J. What is criminal procedure?

- The method prescribed by law for the
apprehension and prosecution of
persons accused of any criminal offense
and for their punishment, in case of
conviction.