Transportation Law Cases Mentioned in the book Asked in recit  Only Sanico liable: contract of carriage is between them,
arriage is between them, not the driver;
1. Perena vs. Nicolas G.R. No. 157917 Aug 29, 2012.
 Pereñas: school bus operator (Alfaro driver); client: Aaron from Don Bosco
(parents: Zarates)
 Short cut: hit by a train (Alano driver); Aaron died
 PNR and Perenas solidarily liable
 School bus = common carrier; private vs common
2. MOF Company, Inc. vs. Shin Yang Brokerage Corporation
 Hella Trading: shipper of 2nd hand cars; Hanjin trading: carrier; MOF: agent
of Hanjin; Consignee: Shin Yang
 Payment: freight collect basis
 Shin Yang refused to pay. When does consignee become party to BOL?
Agency, delivery & acceptance, stipulation pour autrui; failed to discharge
burden of proof
3. Cruz vs. Sun Holidays, G.R. No. 186312; June 29, 2010.
 Resort operator: ferry services
 Sps Cruz filed a complaint for damages for the death of their son Ruelito
who died on board a ferry owned by Sun Holidays, as part of their tour
package; boat capsized due to strong winds
 Sun Holidays: ferry services cannot be considered as a contract of carriage
(no addtl fee therefor) plus accident was fortuitous event
 Common carrier def; Principal v Ancillary Activity
 Fortuitous event requisites unavailing: negligent because of PAGASA
strorm warning signals
4. Villanueva vs Domingo, G.R. NO. 144274 Sept 20, 2004.
 A collision occurred between two lancers:
a) silver – driven by Leandro; registered in favor of Priscilla D
b) green – driven by Ocfemia; registered in favor of Villanueva
 Ocfemia was driving with expired license and positive for alcoholic breath.
Villanueva claims that he no longer owns the car since he swapped it for a
pajero owned by Albert Jaucian/Auto Palace Car Exchange.
 Registered owner rule: Villanueva still liable
5. Sanico vs. Colipano, G.R. No. 209969 September 27, 2017
 Colipano on board a jeep operated by Sanico and driven by Castro
 Sat on an empty beer case with her child on her lap
 Uphill jeep slid backwards; leg caught between coconut tree and jeep;
amputated
 Colipano’s leg injured while on board a jeep; presumption of negligence
applies so Sanico liable
diligence of good father of a family not sufficient
 Waiver not valid: requisites
6. Singapore Airlines vs. Andion Fernandez
 Fernandez popular singer asked to sing before Malaysian King and Queen
 Delayed flight from Germany to Singapore to MNL
 When an airline issues a ticket to a passenger, confirmed for a particular flight
on a certain date, a contract of carriage arises. The passenger then has every
right to expect that he be transported on that flight and on that date. If he does
not, then the carrier opens itself to a suit for a breach of contract of carriage.
7. Japan Airlines vs. Asuncion GR 161730 January 28, 2005.
 Michael and Jeanette Asuncion boarded JAL for a flight from MNL to LA;
included was a stopover at Narita
 Jap immigration officials refused to issue offshore board passes so they had
to stay in a resort and were charged $400
 JAL not liable: the power to admit or not an alien into the country is a
sovereign act which cannot be interfered with even by JAL.
8. Compania Maritima vs. CA G.R. No. L-31379; August 29, 1988.
 Inaccurate weight of the payloader
 Vicente contractor for CDO Airport. Based in MNL so had to ship his
equipment, payloader among others
 the payloader fell when the swivel pin of the heel block of the port block
gave way
 Compania Maritima found that it was actually 7.5 tons and not 2.5 tons as
declared in the Bill of Lading. So, Compania Maritima denied the claim of
Vicente; Art 1734: Act or omission of the shipper or owner of the goods.
 Vicente’s act contributory only: reduce recovery by 80%
o Compania Maritima used only a 5-ton capacity lifiting apparatus
even though the payloader was visibly much heavier;
o crew were lax and careless in ascertaining the weight of its heavy
cargoes.
o The weight of the payloader indicated in the Bill of Lading was put
and accepted by Compania Maritima, through its company
collector.
o The weights stated in a Bill of Lading are prima facie evidence of
the amount received. The fact that the weighing was done by
another will not relieve the common carrier where it accepted such
weight and entered it on the Bill of Lading.
9. Ramos vs. China Southern Airlines Co., Ltd., G.R. No. 213418, 15. Manay v Cebu Air
 CSA bumped off Ramos from passenger list  16. Sps Fernando v Northwest Airlines
 Constrained to buy tickets from PAL 17. Crisostomo v. CA – travel agency
 CSA liable for moral damages 18. Federal Express v. Antonino
19. Tan v Great Harvest
10. Sulpicio Lines vs. Sesante 20.
 Sesante a lawyer and am member of the PNP survived the sinking of MV   AceNav is not a ship agent; only an agent of Cardia the shipper
princess of the orient
 Sulpicio lines as carrier liable for gross negligence of captain in  
maneuvering the vessel
 Complaint for breach of contract f carriage survives even after death of
plaintiff - substitute heirs

11. LTFRB vs GV Florida

 Bus accident in mt. province
 License plate actually belongs to a different bus 
 LTFRB has authority to revoke CPCs
 CPCs are mere privilege - paramount interest is for public safety

12. Phil- Nippon Kyoei Corp vs. Gudelosao

13. Pioneer Insurance 
 Chili pepper 
 Cogsa prescriptive period of 1 yr from date of delivery of the goods or when
it should have been delivered

14. Ace Navigation vs. FGU, G.R. No. 171591

 Shipment of Grey Portland Cement from China to Manila:

 Shipper: Cardia; agent: Ace Navigation
 Consignee Heindrich Trading
 Insurer: FGU Insurance and Pioneer Insurance (respondents)
 Shipped on board the M/V Pakarti Tiga
 Owned by Pakarti but chartered by Shinwa who in turn chartered it
with Sky, agent of Kee Yeh, which further chartered it Regency
 It was Regency that directly dealt with Heindrict
 Some bags were in bad condition
 FGU and Pioneer, as insurers, now suing AceNav as ship agent
 Held: NOT ship agent; mere agent of Cardia.
 Ship agent = entrusted with the provisioning of the vessel or represents
her in the port in which she may be found.
 Under CC, agent not liable for acts of principal
 Also, Cardia not impleaded