Professional Documents
Culture Documents
SYLLABUS passengers
INTRODUCTION Carrier defined
1. CHAPTER I Classifications of carriers
TRANSPORTATION AND COMMON CARRIERS Private or special carrier
10. Spouses Pereña v. Spouses Zarate, G.R. No.
1. TRANSPORTATION IN GENERAL 157917. Aug. 29, 2012
11. National Steel Corp. v. CA, G.R. No. 112287.
Transportation as a component of “public utilities” and Dec. 12, 1997; 347 Phil. 345
“public service”
Common or public carriers
13(b), Commonwealth Act No. 146 or The
Public Service Law (of 1936), as last amended by
Republic Act No. 2677 1732, Civil Code
1. National Power Corp. v. CA, 345 Phil. 9 [1997]
Elements of a common carrier
1. PUBLIC UTILITIES
Test for determining a common carrier
Constitutional provisions on public utilities
No legal distinction as to means of transporting; pipeline
11, Art. XII, 1987 Constitution
operator is a common carrier
2. Albano v. Reyes, G.R. No. 83551. July 11,
12. First Philippine Industrial Corp. v. CA, G.R. No.
1989
125948. Dec. 29, 1998
17, Art. XII, 1987 Constitution
3. Agan, Jr. v. Philippine International Air
Common carrier may have no regular schedule or clients,
Terminals Co., Inc., G.R. No. 155001. May 5, 2003
fixed routes, terminals or tickets
13. Asia Lighterage and Shipping, Inc., v. CA, G.R.
What constitutes a public utility?
No. 147246. Aug. 19, 2003
18 and 19, Art. XII, 1987 Constitution
4. The Iloilo Ice and Cold Storage Company v.
Common carriers bound to serve all and liable for refusal
Public Utility Board, G.R. No. L-19857. March 2, 1923;
to so serve without sufficient reason
44 Phil. 551
No distinction made by law between common carriage
Distinction between “operation” and “ownership” of a
as a principal or ancillary activity
public utility
14. De Guzman v. CA, G.R. No. L-47822. Dec. 22,
5. Tatad v. Garcia, Jr., G.R. No. 114222. April 6,
1988
1995
Distinctions between a common carrier and a private
Power to grant licenses or franchise to operate public
carrier
utilities
6. Pangasinan Transportation, Inc. v. The Public
Laws governing domestic, inter-island and coastwise
Service Commission, G.R. No. 47065. June 26, 1940;
transportation
70 Phil 221
Laws applicable to international, foreign or overseas
Certificate of Public Convenience and Necessity
transportation
distinguished from Certificate of Public Convenience
7. Philippine Airlines, Inc. v. Civil Aeronautics
Liability of a common carrier; extraordinary diligence
Board, G.R. No. 119528. March 26, 1997
1733, Civil Code
1734, 1735 and 1745, numbers 5, 6 and 7,
1. COMMON CARRIERS AND CONTRACT OF
Civil Code
CARRIAGE
Observance of extraordinary diligence in the carriage of
Contract of transportation or Contract of carriage
goods
defined
15. Gatchalian v. Delim, G.R. No. 56487. Oct. 21,
1991; 203 SCRA 126
Contract of carriage imbued with public interest
1755, Civil Code).
When liability of common carrier starts in transport of
8. Air France v. Carrascoso, G.R. No. No. L-
passengers
21438. Sept. 28, 1966; 18 SCRA 155
16. Aboitiz Shipping Corp. v. CA, G.R. No. 84458.
9. Singson v. CA, G.R. No. 119995. Nov. 18, 1997
Nov. 6, 1989
When liability of common carrier commences in 26. Sweet Lines, Inc. v. CA, G.R. No. L‐46340. April
transport of goods 29, 1983
27. Juntilla v. Fontanar, G.R. No. L‐45637, May
Requisites of extraordinary diligence in carriages by land 31, 1985
and by sea 28. Vergara v. CA, G.R. No. 77679, Sept. 30, 1987
17. Trans‐Asia Shipping v. CA, G.R. No. 118126.
March 4, 1996 Fire not considered as a natural disaster or calamity
18. Negros Navigation v. CA, G.R. No. 110398. 29. Africa v. Caltex [Phil.], Inc., G.R. No. L-12986.
Nov. 7, 1997 March 31, 1966; 16 SCRA 448
1734, Civil Code
Liabilities of a common carrier for breach of contract 4, COGSA
30. Servando v. Philippine Steam Navigation Co.,
Defenses in culpa contractual G.R. No. L‐36481‐2, Oct. 23, 1982
1762, Civil Code
Typhoon or storm deemed a fortuitous event; exception
Burden of proof in cases of contributory negligence 31. Juan F. Nakpil & Sons v. CA, G.R. No. L-47851.
Oct. 3, 1986; 144 SCRA 596
Damages recoverable for death of a passenger 32. Batangas Laguna Tayabas Bus Company v.
19. Briñas v. People, G.R. No. L‐30309. Nov. 25, IAC, G.R. No. 74387-90. Nov. 14, 1988; 167 SCRA 379
1983 33. Valenzuela v. CA, G.R. No. 115024. Feb. 7,
1996; 253 SCRA 303
Causes exempting the common carrier from 34. Arada v. CA, G.R. No. 98243. July 1, 1992
responsibility
1734, Civil Code Stipulations in a contract of carriage deemed as
unreasonable, unjust and contrary to public policy
Distinctions between an action to enforce liability of the 1745, Civil Code
employer of the negligent driver under Article 103 of the
Revised Penal Code and an action based on quasi‐delict Acts of strangers that would divest a common carrier of
under the Civil Code his/its duty of extraordinary diligence in the vigilance
over the goods carried
Liability of common carrier for moral damages 1745, par. (6), Civil Code
20. China Airlines, Ltd. v. IAC, G.R. No. 73835. Jan.
17, 1989 Liability of carrier for acts of robbers
Common carriers generally presumed to have been at Act of God must be the sole and proximate cause of the
fault or to have acted negligently loss to exempt the carrier from liability
21. Bascos v. CA, G.R. No. 101089. April 7, 1993
Arts. 1734 and 1735, Civil Code Common carrier not liable where the proximate cause of
passenger’s injury is his own negligence
When presumption of negligence arises; how 1761, Civil Code
presumption overcame; when presumption made
absolute Liability over perishable goods
Presumption of fault or negligence of common carrier Duty of carrier to keep the vessel seaworthy
rebuttable
22. Pilapil v. CA, G.R. No. 52159. Dec. 22, 1989; Rules regarding a carrier’s liability for delay in delivery of
180 SCRA 546 goods
35. Saludo, Jr. v. CA, G.R. No. 95536. March 23,
Exceptions to the application of presumption of fault or 1992
negligence
23. Philippine American General Insurance Co, Inc. v. Liability for delay in the transportation of goods
MGG Marine Services, Inc. G.R. No. 135645. 1170, 1740, 1747 and 1748, Civil Code);
March 8, 2002
Arts. 1740, 1742 and 1743, Civil Code Certificate of Public Convenience not a requisite for
24. Ganzon v. CA, G.R. No. L‐48757. May 30, 1988 incurring of liability as a common carrier
25. Southern Lines v. CA, G.R. No. L‐16629. Jan.
31, 1962, 4 SCRA 258 Grounds for refusal by common carrier to carry certain
26. Tabacalera Insurance Co. v. North Front goods must be reasonable
Shipping Services, Inc., G.R. No. 119197. May 16, 36. C. Fisher v. Yangco Steamship Company, G.R.
1997; 272 SCRA 527 No. L-8095. March 31, 1915
Accidents due to mechanical defects of carrier not Presumption of negligence of common carriers; how
fortuitous events overcome
1735 and 1752, Civil Code
37. Compania Maritima v. CA, G.R. No. L-31379, 49. Ramos v. C.O.L. Realty Corp., G.R. No.
29 Aug. 1988, 164 SCRA 685 184905. Aug. 28, 2009, 597 SCRA 526
Reasons for the requirement of extraordinary diligence Character of the goods or defects in the packing or in the
containers
Principles on the liability of a common carrier 1742, Civil Code
38. Isaac v. A. L. Ammen Transportation Co., Inc., 50. Southern Lines, Inc. v. CA, G.R. No. L-16629.
G.R. No. L-9671. Aug. 23, 1957 Jan. 31, 1962; 4 SCRA 258
Periods when the liability of a common carrier begins Order or act of competent public authority
and ceases 1743, Civil Code
1736 and 1738, Civil Code 51. Ganzon v. CA, G.R. No. L-48757. May 30,
619 of the Code of Commerce 1988; 161 SCRA 646
39. Philippines First Insurance Co., Inc. v. Wallem
Phils. Shipping, Inc. G.R. No. 165647. March 26, 2009 Liability of a common carrier for the death of or injuries
to passengers due to the acts of its employees, other
To whom goods must be delivered passengers or strangers
1736, Civil Code 1762, Civil Code
1764, Civil Code
Parties may agree to relieve carrier from liability while
goods are in custom’s custody Basis of carrier’s liability
40. Lu Do & Lu Ym Corp. v. Binamira, G.R. No. L- 52. Maranan v. Perez, G.R. No. L-22272. June 26,
9840. April 22, 1957 1967
Rule as to unloading, storage and stoppage in transitu Doctrine of respondeat superior
1759, Civil Code
Implied warranty of seaworthiness of ships as common 53. Manila Railroad Company v. Ballesteros, G.R.
carriers No. L-19161. April 29, 1966; 16 SCRA 641
41. Caltex [Philippines], Inc. v. Sulpicio Lines, Inc., 1763, Civil Code
G.R. No. 131166. Sept. 30, 1999; 374 Phil. 325 48 (b), Motor Vehicle Law or Republic Act No.
4136
Passenger defined
Degree of diligence required of common carriers for
Persons not deemed as passengers willful acts of strangers
42. Lara v. Valencia, G.R. No. L-9907. June 30, 1763, Civil Code
1958
Causes of liability of common carriers
Defenses of a common carrier in the carriage of goods
1734, Civil Code Duration of the liability of the common carrier in a
43. Sabena Belgian World Airlines v. CA, G.R. No. contract of carriage of goods
104685. March 14, 1996 1736, 1737 and 1738, Civil Code
Caso fortuito defined; characteristics; exempting Periods within which the common carrier in a contract of
circumstances carriage of passengers may be held liable
44. Lasam v. Smith, 45 Phil. 661 54. Light Rail Transit Authority v. Navidad, G.R.
45. Republic of the Philippines v. Luzon No. 145804. Feb. 6, 2003
Stevedoring Corp., G.R. No. L-21749. Sept. 29, 1967; 55. Del Prado v. Manila Electric Co., G.R. No. L-
128 Phil. 313, citing Art. 1179, Civil Code 29462. March 7, 1929; 52 Phil. 900
46. Metal Forming Corp.. v. Office of the
President, G.R. No. 111386. Aug. 28, 1995; 317 Phil. Duty of common carriers to afford passengers the
853 opportunity to board safely
1740, Civil Code 56. Dangwa Transportation Co., Inc. v. CA, G.R.
1734, Civil Code No. 95582. Oct. 7, 1991; 202 SCRA 574
4, COGSA
47. Eastern Shipping Lines, Inc. v. IAC, G.R. No. L- Person attempting to board a common carrier already
69044 and L-71478, May 29, 1987, 150 SCRA 463 considered a passenger
48. La Mallorca and Pampanga Bus Co. v. De
Jesus, G.R. No. L-21486. May 14, 1966; 123 Phil. 875 Passenger must be allowed a reasonable time to leave
the carrier’s premises
Defense of negligence of the shipper or owner 57. La Mallorca v. CA, G.R. No. L‐ July 27, 1966
1741, Civil Code
Presumption of negligence
Proximate cause defined 1735, Civil Code
1. PUBLIC SERVICE COMMISSION AND ITS
Rationale for the presumption FUNCTIONS
58. Mirasol v. The Robert Dollar Co., G.R. No. L- Commonwealth Act No. 146 enacted on
29721. March 27, 1929). November 7, 1936
59. Coastwise Lighterage Corp. v. CA, G.R. No. 1 and 2, C.A. No. 146
114167. July 12, 1995
1755, Civil Code Jurisdiction and powers of the Public Service Commission
13[a], C.A. No. 146
Burden of proof falls on carrier to prove extraordinary
diligence Public service
13[b], C.A. No. 146
Defenses to overcome presumption of fault or
negligence Public character and interest not number of people
1734, 1735 and 1736, Civil Code served determinative of public utility or service
66. Luzon Stevedoring Company, Inc. v. The
Valid stipulations in contracts of carriage of goods Public Service Commission, G.R. No. L-5458. Sept. 16,
1744, Civil Code 1953
1748, 1749 and 1750, Civil Code
1744, Art. 1745, No. 4, Civil Code Public utility defined
1758, Civil Code 67. JG Summit Holdings, Inc. v. CA, G.R. No.
124293. Sept. 24, 2003
Void stipulations in contracts of carriage of goods
1745, Civil Code Statutory definition of public utility abandoned
1733, 1755 and 1757, Civil Code 68. JG Summit Holdings, Inc. v. CA, Id.; Tinga, J.,
Sep. Op.
Rules on checked-in baggage
1998, 2000, 2001, 2002 and 2003, Civil Code Public use
69. Iloilo Ice and Cold Storage Co. v. Public Utility
Rule in case of non‐paying passengers or if the fare is Board, G.R. No. L-19857. March 2, 1923; 44 Phil. 551
reduced
758, Civil Code Exempted services
Concurring causes of action 13, Public Service Act or C.A. No. 146, as
1759, Civil Code. amended
60. Cangco v. Manila Railroad Co., 38 Phil. 768 14, C.A. No. 146, as amended by C.A. No. 454,
2180, Civil Code R.A. Nos. 2031 and 2677
826-939, Code of Commerce
61. Martinez v. Barredo, G.R. No. L-49308. May Why shipyards are not deemed as public utilities;
13, 1948; 81 Phil. 1 definition
102 and 103, Revised Penal Code 13 (b), C.A. No. 146
62. Viluan v. CA, G.R. No. L-21477-81. April 29, 15, C.A. No. 146
1966 1(d), P.D. No. 666 reads:
63. Gutierrez v. Gutierrez, G.R. No. 8896. Dec. 29, 70. Mecano v. Commission on Audit, G.R. No.
1913; 56 Phil. 177 103982. Dec. 11, 1992; 216 SCRA 500
20 of B.P. Blg. 391 expressly and categorically
Stipulations limiting the liability of the carrier in a bill of repealed the whole of Sec. 1 of P.D. No. 666.
lading O. No. 226 (law) dated July 16, 1987
64. E. Heacock Company v. Macondray &
Company, Inc., G.R. No. L-16598. Oct. 3, 1921; 42 Phil. Other service not deemed as public utilities
205
65. Juan Ysmael & Co., Inc. v. Gabino Barretto & 1. Automobile and aircraft manufacturers
Co., Ltd., G.R. No. L-28028. Nov. 25, 1927; 51 Phil. 90
2. Oil company
When a stipulation limiting common carrier’s liability
may be annulled by the shipper or owner A. No. 387, otherwise known as the
1746 and 1747, Civil Code Petroleum Act of 1949
Act No. 3108 and C.A. No. 146 included oil in
When the limitation of the amount of liability is valid the definition of public utility
1750, Civil Code A. Nos. 146 and 454, R.A. Nos. 1270 and 2677
covered petroleum.
CHAPTER II
3. Wharf or dock
THE PUBLIC SERVICE LAW
71. Albano v. Reyes, G.R. No. 83551. July 11, 15, par. 4, C.A. No. 146, as amended
1989; 175 SCRA 264
Law not the title in certificate that determines the
4. Operator of trucks requirements for the issuance of such certificate
72. United States v. Tan Piaco, G.R. No. L-15122.
March 10, 1920; 40 Phil. 853 Unlawful acts of public service companies
Sec. 13(b), C.A. No. 146, as amended 18 and 19, C.A. No. 146, amended
5. Owner and lessor of equipment and facilities Prior operator rule or Old operator rule
for a rail system 80. Halili v. Cruz, G.R. No. L-21061. June 27, 1968;
73. Tatad v. Garcia, G.R. No. 114222. April 6, 23 SCRA 1174
1995; 243 SCRA 436
Sec. 13(b), C.A. No. 146, as amended Exceptions to the prior operator rule
6. Ice plant Prior applicant rule
74. La Paz Ice Plant & Cold Storage Co., Inc. v. Third operator rule
John Bordman, G.R. No. L-43668. March 31, 1938; 65 81. Yangco v. Esteban, G.R. No. 38586. Aug. 18,
Phil. 401 1933
7. Others included in the definition of public Protection of investment rule
utilities 82. Batangas Transportation Co. v. Orlanes, G.R.
No. L-28865. Dec. 19, 1928; 52 Phil., 455
Public utility determined not by law but by courts 83. Tiongson v. Public Service Commission, G.R.
1, R.A. No. 2677, amending Sec. 13(b), C.A. No. L-24701. Dec. 16, 1970
No. 146, as amended
75. North Negros Sugar Co. v. Hidalgo, G.R. No. L- CHAPTER III
42334. Oct. 31, 1936; 63 Phil. 664
COMMERCIAL CONTRACTS FOR TRANSPORTATION
FRANCHISE FOR PUBLIC SERVICES
1. CODE OF COMMERCE PROVISIONS AND
Franchise defined CONCEPTS
Franchise as a legislative grant Relevant Code of Commerce provisions and scope of
their application
Congress has no exclusive authority to issue franchises 349 to 379, Code of Commerce
11, Art. XII, 1987 Constitution Contract of transportation; when deemed commercial
349, Code of Commerce
Public Service Commission abolished and replaced
Bill of lading defined
Certificate of Public Convenience (CPC) or Certificate of 84. Mindanao Bus Company v. The Collector of
Public Convenience and Necessity (CPCN) defined Internal Revenue, G.R. No. L-14078. Feb. 24, 1961
76. Pangasinan Transportation Co., Inc. v. Public Lading defined
Service Commission, G.R. No. 47065. June 26, 1940;
70 Phil. 221 Two-fold character of a bill of lading
77. Luque v. Villegas, G.R. No. L-22545. Nov. 28,
1969; 30 SCRA 408 Functions of the bill of lading
14 of the Public Service Act (C.A. No. 146)
15, par. 1, C.A. No. 146 Kinds of bills of lading
85. Magellan Manufacturing Marketing Corp. v.
CPC included in the term “property” CA, G.R. No. 95529. Aug. 22, 1991
78. Raymundo v. Luneta Motor Co., G.R. No. L-
39902, L-39903. Nov. 29, 1933; 58 Phil. 889 Bill of lading not indispensable to contract of carriage
86. Compañia Maritima v. Insurance Company of
Conditions for the issuance of CPC or CPCN North America, G.R. No. L-18965. Oct. 30, 1964
1, Sec. 15, C.A. No. 146, as amended
15, par. 2, C.A. No. 146, as amended When liability of the carrier commences
Requisites for the grant of CPC or CPCN Determination of indemnity if not stipulated
79. Kilusang Mayo Uno Labor Center v. Garcia, Jr., 370, Code of Commerce
G.R. No. 115381. Dec. 23, 1994
Bill of lading as a contract of adhesion
Other applications of the CPC or CPCN
87. Philippine Commercial International Bank v. 95. Philippine Charter Insurance Corp. v. Chemoil
CA, G.R. No. 97785. March 29, 1996; 325 Phil. 588 Lighterage Corp., G.R. No. 136888. June 29, 2005
Effect of acceptance of a bill of lading sans objection Patent damage vis-à-vis latent damage
Contract ambiguities how construed Rules on claim do not apply to undelivered goods
1377, Civil Code 96. Roldan v. Lim Ponzo & Co., G.R. No. L-11325.
88. Power Commercial and Industrial Corp. v. CA, Dec. 7, 1917
G.R. No. 119745. June 20, 1997; 274 SCRA 597
Shorter period may validly be stipulated by the parties
Instances when consignee is bound by the bill of lading
89. Sea-Land Service, Inc. v. IAC, G.R. No. 75118. Application of prescriptive periods under the Civil Code
Aug. 31, 1987; 237 Phil. 531
1311[2], Civil Code Doctrine of combined or connecting services
90. Mendoza v. Philippine Air Lines, Inc., G.R. No. 373, Code of Commerce
L-3678. Feb. 29, 1952; 90 Phil 836
Special right of carrier over the goods transported and
Duties of the carrier prescription of action to enforce such right
375, Code of Commerce
Carrier’s obligation to accept the goods
91. C. Fisher v. Yangco Steamship Company, G.R. CHAPTER IV
No. L-8095. March 31, 1915 LAND TRANSPORTATION
When a common carrier may lawfully decline to accept 1. GOVERNING LAWS
the goods
Republic Act No. 4136 or the Land
Carrier not absolutely obliged to accept a cargo Transportation and Traffic Code – June 20, 1964
92. Philippine Airlines, Inc. v. CA, G.R. No. Republic Act No. 6374;
119706. March 14, 1996 Presidential Decree No. 98;
Presidential Decree No.109;
Carrier’s duty to deliver the goods Presidential Decree No. 843;
Presidential Decree No. 896;
Period of delivery of goods Presidential Decree No.1057;
358, Code of Commerce Presidential Decree No.1958;
370, Code of Commerce Batas Pambansa Blg. 43;
Batas Pambansa Blg. 74;
Effects of delay in the delivery of the goods Batas Pambansa Blg. 398;
1740, Civil Code Republic Act No. 8750;
1747, Civil Code Republic Act No. 10586 or the “Anti-Drunk
and Drugged Driving Act of 2013;” and
Instances when the consignee may refuse to receive the Other laws which expressly or impliedly
goods modified some of its provisions.
363, 365 and 371, Code of Commerce
1. IMPLEMENTING AGENCIES AND BODIES
Claim for damage, when and how made
366, Code of Commerce 1. The Land Transportation Office (LTO)
93. New Zealand Insurance Co., Ltd. v. Choa Joy, Book IV, Title XV, Chapter 1, Sec. 2,
G.R. No. L-7311. Sept. 30, 1955 Administrative Code of 1987).
4 (d) [1], Art. III, R.A. No. 4136, as amended
When claim for damage may no longer be admitted 27, Land Transportation and Traffic Code or
366, Code of Commerce, pars. 1 and 2 R.A. No. 4136, as amended
Effects of paying the transportation charges Driver’s license issued by the LTO
366, Code of Commerce
Specific powers and functions of the LTO
Rationale for the requisite period of giving notice of 4 (d) [1], Art. III, R.A. No. 4136, as amended,
claim
94. Philippine American General Insurance Co., 2. The Land Transportation, Franchising and
Inc. v. Sweet Lines, Inc., G.R. No. 87434. Aug. 5, 1992; Regulatory Board (LTFRB)
212 SCRA 194 O. No. 202, dated 19 June 1987
97. Land Transportation Office v. Butuan, G.R.
24-hour claim a condition precedent to an action against No. 131512. Jan. 20, 2000
carrier
“To regulate” and “to register” construed
Prohibited acts specifically penalized under R.A. No.
Key powers and functions of the LTFRB 4136
O. No. 202, s. 1987
Retroactive effect of penal laws
3. The Local Government Units (LGUs) 19 of R.A. No. 10586 expressly modified Sec.
56(f) of R.A. No. 4136
Power to regulate the operation and grant franchises to 22, RPC, in relation to Sec. 3(e), RA 10586
tricycles devolved to LGU
458. R.A. No. 7160 1. RECKLESS DRIVING AND ROAD ACCIDENTS
Rationale for the devolution Reckless driving and reckless imprudence
48, R.A. No. 4136, as amended
LTO powers on vehicle registration and drivers’ licensing
not devolved to LGUs Imprudence defined
4. The Metropolitan Manila Development Reckless imprudence resulting in damage to property;
Authority (MMDA) elements
MMDA’s power to enforce traffic laws in Metro Manila Presumption of imprudent driving; burden of proof on
5(f), Republic Act No. 7924 the accused
1. RIGHTS AND OBLIGATIONS OF ROAD USERS When motor vehicle operator at fault may be held
98. Caminos, Jr. v. People, G.R. No. 147437. May criminally liable
8, 2009 56[n], R.A. No. 4136, as amended
Duty of drivers to have license Negligence of other party not a defense in reckless
19, R.A. No. 4136, as amended by B.P. Blg. driving case
398
Instance when presumption of driver’s negligence arises
Right of way construed 2185, Civil Code
Right of way rule in intersections Rate of speed a basic factor in determining reckless
42, R.A. No. 4136 driving
Duty to yield Restriction as to speed
35[a], R.A. No. 4136, as amended
Rule determined by imminence of collision
Reasonable rate of speed
Crossing a thru-stop street 100. Gabriel v. CA, G.R. No. 128474. Oct. 6, 2004;
99. Adzuara v. CA, G.R. No. 125134. Jan. 22, 440 SCRA 136
1999; 301 SCRA 657 35, R.A. No. 4136
Driving on right side of highway Swerving per se not violative of traffic law
37, R.A. No. 4136, as amended 48, R.A. No. 4136
101. Sydeco v. People, G.R. No. 202692. Nov. 12,
Overtaking a vehicle 2014
39, R.A. No. 4136, as amended
Driving under the influence of alcohol
Driver to give way to overtaking vehicle 5, R.A. No. 10586
40, R.A. No. 4136, as amended 3(g), IRR of R.A. No. 10586
Turning right or left at intersections Driving under the influence of dangerous drugs and
45[a] and [b], R.A. No. 4136, as amended other similar substance
3[f], R.A. No. 10586
Parking prohibited in specified places
46, R.A. No. 4136, as amended Conduct of field sobriety tests
6, R.A. No. 10586
Hitching to a vehicle prohibited 3[g], R.A. No. 10586
51, R.A. No. 4136, as amended
Use of breath analyzer
Obstruction of traffic 3[b], R.A. No. 10586
54, R.A. No. 4136, as amended
Chemical and confirmatory tests
3[c], R.A. No. 10586 Unregistered sale or lease of motor vehicle not binding
on third persons injured in vehicular accidents
Mandatory alcohol and chemical testing of drivers 110. First Malayan Leasing and Finance Corp. v.
involved in motor vehicular accidents CA,R. No. 91378. June 9, 1992; 209 SCRA 660
7, R.A. No. 10586 111. Roxas v. CA,R. No. 92245. June 26, 1991; 198
SCRA 541
Refusal to submit to mandatory tests 112. PCI Leasing and Finance, Inc. v. UCPB General
6, 7, 8 and 15, R.A. No. 10586 Insurance Co., Inc., G.R. No. 162267. July 4, 2008
Children prohibited from sitting in front seat Nature of motor vehicle registration fees: taxes or
5, R.A. No. 8750 regulatory fees
Duty of driver in case of accident 113. Philippine Airlines, Inc. v. Edu, G.R. No. L-
55, R.A. No. 4136, as amended 41383. Aug. 15, 1988
1. ARRESTS AND SEARCHES Mandatory emission standards for motor vehicles
46, R.A. No. 8749 or the Clean Air Act of 1999
When refusal to get off of the vehicle for a body and
vehicle search not deemed as serious disobedience to a Seat belt device defined
lawful order 3, R.A. No. 8750
102. Abenes v. CA, G.R. No. 156320. Feb. 14, 2007;
515 SCRA 690 Mandatory use and provision of seat belts in certain
151, Revised Penal Code motor vehicles
4, R.A. No. 8750
Reasonable suspicion of a crime that would justify stop-
and-frisk action Penalties and fines for violation of the Seat Belts Use Act
103. People v. Sy Chua, G.R. No. 136066-67. Feb. 12, R.A. No. 8750
4, 2003; 444 Phil. 757
Permanent number plates
General rule is confiscation of driver’s license not arrest 17, R.A. No. 4136, as amended by B.P. Blg. 43
29. R.A. 4136
Certificate of Public Convenience issued by LTFRB
No warrant of arrest to be issued for offense penalized
only by fine; effect of issuance of traffic citation ticket Franchise defined
104. Luz v. People, G.R. No. 197788. Feb. 29, 2012
Public convenience or necessity construed
Requirements for a valid arrest
105. Morales, Jr. v. Enrile, G.R. No. L-61016. April Public hearing an indispensable requirement in issuance
26, 1983; 206 Phil. 466 of CPC
114. Batangas Transportation Co. v. Orlanes, G.R.
Invalid arrest does not authorize warrantless search No. L-28865. Dec. 19, 1928; 52 Phil., 455
106. People v. Bolasa, G.R. No. 125754. Dec. 22, 115. Manila Electric Company v. Pasay
1999; 378 Phil. 1073 Transportation Co., Inc., G.R. No. L-37655. Feb. 9,
1933; 57 Phil. 825
Evidence seized not in plain view
107. People v. Macalaba, G.R. No. 146284-86. Jan. Requisites for the grant of CPC
20, 2003; 443 Phil. 565 16(a), C.A. No. 146, as amended
Consented warrantless search LTFRB cannot redelegate its delegated power to a
108. Caballes v. CA, G.R. No. 136292. Jan. 15, common carrier
2002; 424 Phil. 263 116. United States v. Barrias, G.R. No. 4349. Sept.
24, 1908; 11 Phil. 327
Inadmissibility of articles seized during illegal arrest
109. People v. Martinez, G.R. No. 191366. Dec. 13, Kabit system
2010 117. Baliwag Transit Inc. v. CA, G.R. No. 57493.
Jan. 7, 1987; 147 SCRA 82
1. MOTOR VEHICLE REGISTRATION AND 1409, Civil Code
FRANCHISING 118. Lim v. CA, G.R. No. 125817. Jan. 16, 2002
Motor vehicle defined Purpose behind the proscription against the kabit system
Compulsory registration of motor vehicles
5(a) and (e), R.A. No. 4136, as amended
Kabit system not a criminal offense but void under civil Art. 586, Code of Commerce and 1, R.A. No.
law 9515
1412, Civil Code
119. Lita Enterprises, Inc. v. IAC, G.R. No. 64693. Powers and functions of a ship agent
April 27, 1984
Civil liabilities of the shipowner and ship agent
Boundary system Art. 587, Code of Commerce
120. Paguio Transport Corp. v. National Labor
Relations Commission, G.R. No. 119500. Aug. 28, Authority of the ship agent to discharge the captain and
1998 members of the crew
603 and 605, Code of Commerce
Relationship between the owner of the vehicle and the
driver under a “boundary system” 2. The ship captain and master of the vessel
128. Yu Con v. Ipil, G.R. No. L-10195. Dec. 29, 1916
121. Jardin v. National Labor Relations
Commission, G.R. No. 119268. Feb. 23, 2000 Nature of the position of captain and master
122. National Labor Union v. Dinglasan, G.R. No. L-
14183. Nov. 4, 1993 Qualifications of a captain or master
609, Code of Commerce
Effect of transfer or lease of franchise
123. Montoya v. Ignacio, G.R. No. L-5868. Dec. 29, Inherent powers of a captain or master
1953; 94 Phil. 182 610, Code of Commerce
Registered owner liable despite transfer of ownership of Hull
vehicle
124. Perez v. Gutierrez, G.R. No. L-30115. Sept. 28, Rigging
1973; 53 SCRA 149
125. Benedicto v. IAC, G.R. No. 70876. July 19, Fund sources
1990 611, Code of Commerce
Approval of sale, encumbrance or lease of property Duties of a captain or master
DOTC Order No. 2010‐34 612, Code of Commerce
Sale or lease of franchise requires prior approval by “Log book” and its contents
LTFRB
“Accounting book” and its contents
Prior approval of the sale, lease or encumbrance of
property not a condition precedent to validity of “Freight book” and its contents
contract
126. Fores v. Miranda, G.R. No. L-12163. March 4, Solidary liability of the captain and ship agent
1959 618, Code of Commerce
Solidary liability of a registered owner/operator of a Instances when the captain incurs no liability
public service vehicle 620, Code of Commerce
127. Gelisan v. Alday, G.R. No. L-30212. Sept. 30,
1987 Ship’s captain discretionary authority
129. Inter-Orient Maritime Enterprises Inc. v.
CHAPTER V National Labor Relations Commission, G.R. No.
115286. Aug. 11, 1994
MARINE TRANSPORTATION
Captain cannot be substituted without ship agent’s
1. MARINE TRANSPORTATION AND MARITIME consent
LAWS 615, Code of Commerce
Marine transportation defined Cases when the captain and crew members may rescind
their contracts of employment
Governing law 647, Code of Commerce
Admiralty or maritime law The officers and crew of the vessel
Admiralty law differentiated from the Law of the Sea Cases when the officers and crew are exempted from all
obligations
1. THE KEY ACTORS IN MARITIME COMMERCE 647, Code of Commerce
1. The shipowner and ship agent
17 and 21 of P.D. No. 1521 or “The Ship
Sailing mate or First mate Mortgage Decree of 1978”
627, Code of Commerce
3. Preferred maritime lien
Duties of a Sailing mate or First mate 17 and 21 of P.D. No. 1521
628 to 631, Code of Commerce
4. Doctrine of limited liability or the Limited
“Binnacle book” and its contents liability rule
629 to 631, Code of Commerce 587, Code of Commerce
132. Yangco v. Laserna, G.R. No. L-47447-47449.
Second mate Oct. 29, 1941; 73 Phil. 330
Duties of a Second mate Rationale for the doctrine
632, Code of Commerce
Doctrine of limited liability; specific applications
Marine engineers 587, 590, 643 and 837, Code of Commerce
Duties of the Chief engineer Limited liability rule under the provisions of the Code of
Commerce
“Engine book” and its contents 587, 590 and 837, Book III, Code of
Commerce
The crew and its composition
634, Code of Commerce Exceptions to the limited liability rule
133. Chua Yek Hong v. IAC, G.R. No. 74811. Sept.
Just causes for the discharge of a seaman 30, 1988
637, Code of Commerce 827, Code of Commerce
Rules if a seaman should die or be captured during the Abandonment defined
voyage 140, Insurance Code, as amended
645, Code of Commerce
General limitation on abandonment
Complement of a vessel 142, Insurance Code, as amended
648, Code of Commerce
Abandonment of the vessel; when needed
4. Supercargoes 837, Code of Commerce
649, Code of Commerce 134. Luzon Stevedoring Corp. v. CA, G.R. No. L-
58897. Dec. 3, 1987; 156 SCRA 169
5. The pilot
130. Far Eastern Shipping Company v. CA, G.R. No. Abandonment; how done
130068. Oct. 1, 1998 145 and 146, Insurance Code, as amended
Harbor pilot Acceptance of abandonment
152 to 155, Insurance Code, as amended
Pilotage defined
Effect of refusal to accept a valid abandonment
Compulsory pilotage 156, Insurance Code, as amended
Liability of a pilot Abandonment no longer required when vessel is totally
lost
11, Art. III, PPA Admin Order 03-85
587, 590 and 837, Code of Commerce
1. IMPORTANT CONCEPTS IN MARITIME 135. Vasquez v. CA, G.R. No. L-42926. Sept. 13,
COMMERCE 1985; 138 SCRA 553
Essential terms used in maritime commerce When abandonment becomes ineffectual
144, Insurance Code, as amended
1. Merchant vessel defined
D. No. 1521 Causes justifying resort to abandonment
141, Insurance Code, as amended
2. Maritime lien
131. Philippine National Bank v. CA, G.R. No. Subsidiary liability of the shipowner and agent
128661. Aug. 8, 2000; 337 SCRA 381 136. The Philippine Shipping Company v. Vergara,
G.R. No. L-1600. June 1, 1906; Phil. 281
837, Code of Commerce 587, Code of Commerce
137. Manila Steamship Co., Inc. v. Abdulhaman, 687, Id.
G.R. No. L-9534. Sept. 29, 1956; 100 Phil. 32 138, Insurance Code
Limitations on the right of abandonment 1. Participants in maritime commerce
138. Philippine American General Insurance
Company, Inc. v. CA, G.R. No. 116940. June 11, 1997; 1. Charter party
339 Phil. 455 146. Tabacalera Insurance Co. v. North Front
139. Negros Navigation Co., Inc. v. CA, G.R. No. Shipping Services, Inc., G.R. No. 119197. May 16,
110398. Nov. 7, 1997; 346 Phil. 551 1997; 272 SCRA 527
Effect of abandonment of vessel and earned freight Charter party as a special contract in maritime
587, Code of Commerce commerce
140. Switzerland General Insurance Co., Ltd. v.
Ramirez, G.R. No. L-48264. Feb. 21, 1980; 96 SCRA Parties to a charter party
297
Kinds of charter party
Right of abandonment 147. Puromines, Inc. v. CA, G.R. No. 91228. March
22, 1993
Extent of liability of the shipowner and ship agent
141. Aboitiz Shipping Corp. v. CA, G.R. No. 121833, Charter of demise or bareboat
130752, 137801. Oct. 17, 2008; 569 SCRA 294).
Owner pro hac vice
Ship agent defined
587, Code of Commerce Contract of affreightment
“No vessel, no liability” rule Kinds of contract of affreightment
142. The Government of the Philippine Islands v.
The Insular Maritime Co., G.R. No. L-21495. March 18, Time charter
1924; 45 Phil. 805). 148. Litonjua Shipping Company Inc. v. National
Seamen Board, G.R. No. L-51910. Aug. 10, 1989
Origin of the rule and the rationale for its adoption in
maritime law Voyage charter
143. Abueg v. San Diego, G.R. No. L-773. Dec. 17,
1946; 77 Phil. 730 Distinctions between a civil law lease and a charter party
Real and hypothecary nature of maritime law Distinctions between a charter party and a bill of lading
144. Aboitiz Shipping Corp. v. General Accident
Fire and Life Assurance Corp., Ltd., G.R. No. 100446. Distinctions between a demise or bareboat charter party
Jan. 21, 1993; 217 SCRA 359 and a contract of affreightment
“Real” and “hypothecary” construed Persons who can make a charter
145. Rubiso v. Rivera, G.R. No. L-11407. Oct. 30, 598, Code of Commerce
1917; 37 Phil. 72 609, Id.
679, Id.
Primary governing law on liability of ship owners or
agents for total loss or destruction of the vessel Requirements of a valid charter party
1732-1766, Civil Code
587, Code of Commerce Instances when a charter party may be rescinded
1. Package liability limitation Freight defined
1. Causes of revocation of voyage Freightage
640, Code of Commerce 104, P.D. No. 612 or the Insurance Code, as
Interdiction of commerce amended by R.A. No. 10607
Blockade Requisites and contents of charter party
652, Code of Commerce
Embargo
Charter party clauses
Order of preference in case of sale of vessel
Jason clause
Effect of sale of vessel
17, P.D. No. 1521 Paramount clause
Carriage of Goods by Sea Act (46 U.S.C.A. § 152. Roque v. IAC, G.R. No. L-66935. Nov. 11, 1985
1300)
Marine insurance and loan on bottomry and
Rights and obligations of the shipowner or ship agent respondentia
669-678, Code of Commerce 101, Insurance Code
735, Code of Commerce
Lay days defined
1. Accidents in maritime commerce
Extra lay days
Averages
Demurrage 806, Code of Commerce
Obligations of charterers Ordinary expenses
679-687, Code of Commerce 807, Code of Commerce
Primage
Kinds of averages
Rescission of a charter party at the charterer’s request
688, Code of Commerce 808, Code of Commerce
Rescission of a charter party at the shipowner’s request Simple or particular averages
689, Code of Commerce 809 and 810, Code of Commerce
Rescission of a charter party due to fortuitous causes General or gross averages
690, Code of Commerce 811, Code of Commerce
Transshipment defined Requisites for general average
Sec 2[m], R.A. No. 10668 816-818, Code of Commerce
149. Magellan Manufacturing Marketing Corp. v.
CA, G.R. No. 95529. Aug. 22, 1991 Procedure for recovery expenses for gross average
813 and 814, Code of Commerce
1. Loans on bottomry and respondentia
719, Code of Commerce Contribution to the general average
812, Code of Commerce
Aleatory contract 859, Id.
732, Id.
Distinctions between a loan on bottomry and a loan on 153. Magsaysay, Inc. v. Agan, G.R. No. L-6393. Jan.
respondentia 31, 1955
812, Code of Commerce
Requisites of loan on bottomry or respondentia
Jettison defined
When loan on bottomry or respondentia treated as a
simple loan Order of goods or cargo to be jettisoned or cast
726 and 727, Code of Commerce overboard
815, Code of Commerce
Interest rate on the loan; Usury law and CB Circular 905-
92 Cargo not covered by general average
Central Bank Circular No. 905-82 855, Code of Commerce
150. Dio v. Japor, G.R. No. 154129. July 8, 2005; Rule IX, York-Antwerp Rule
463 SCRA 170
151. Almeda v. CA, G.R. No. 113412. April 17, Rationale for the rule on deck cargo
1996; 256 SCRA 292 1, Art. 815, Code of Commerce,
154. Standard Oil Company of New York v. Castelo,
Distinctions between a loan on bottomry or G.R. No. L-13695. Oct. 18, 1921).
respondentia and marine insurance
Rule different in coastwise and inland waters navigation
Hypothecary nature of bottomry and respondentia
731, Code of Commerce Requisites for inclusion of jettisoned goods in the
general average
Hypothecary 816, Code of Commerce
Barratry defined Arrival under stress
819, Code of Commerce
Barratry clause
Steps to be followed in arrival under stress
819, Code of Commerce Who can file maritime protest in case of collision
835-836, Code of Commerce
Protest in arrival under stress only a disclaimer on 158. Verzosa v. Lim, G.R. No. 20145. Nov. 15, 1923
owner’s liability
Effect of absence of protest on persons not on board
When arrival deemed unlawful 836, Code of Commerce
820, Code of Commerce
Limitation on the shipowners’ civil liability
Who bears the expenses of arrival 837, Code of Commerce
821, Code of Commerce
Indemnity for death or injury of persons
Duty of the captain to continue the voyage 838, Code of Commerce
825, Code of Commerce
Summary investigation of the accident
Collision and allision 839, Code of Commerce
Vessel at fault liable for indemnity Presumptions to determine negligence
826, Code of Commerce
Rules to prevent collision
Liability if both vessels at fault or if it cannot be
determined which vessel caused the collision Port and starboard
827 and 828, Code of Commerce
Windward and leeward
Doctrine of last clear chance and Rule on contributory
negligence Rules governing sailing vessels and steamships
827, Code of Commerce
Maritime protest defined; by whom and when made; to
Doctrine of inscrutable fault whom filed
835, Code of Commerce
Divisions of time or zones in collisions of vessels
155. Urrutia & Co. v. Baco River Plantation Co., Persons not required to file protest
G.R. No. L-7675. March 25, 1913). 836, Code of Commerce
Error in extremis defined Cases where protest requirement applies
835, Code of Commerce
Liability in collision through fortuitous event or force 612[8], Id.
majeure 612[15] and 843, Id.
830, Code of Commerce 624, Id.
Presumption of fault against a moving vessel striking a Shipwreck defined
stationary object; doctrine of res ipsa loquitur
156. Far Eastern Shipping Company v. CA, G.R. No. Owners bear the losses due to shipwreck
130068. Oct. 1, 1998 840, Code of Commerce
157. Republic v. Luzon Stevedoring Corp., G.R. No.
L-21749. Sept. 29, 1967; 21 SCRA 279 Indemnity from the captain due to his fault
841, Code of Commerce
Civil tort vis-à-vis maritime tort
When the captain may be held liable for shipwreck
Liability of third vessel causing the collision 841, Code of Commerce
831, Code of Commerce
1. SPECIAL CONCEPTS IN MARITIME
Liability of properly anchored and moored vessel COMMERCE
colliding with nearby vessels due to storm or force
majeure Arrastre defined
832, Code of Commerce
Arrastre services
When vessel presumed as lost by reason of collision 1213, R.A. No. 1937
833, Code of Commerce
Nature of arrastre function; BOC’s immunity from suit
Role of protest for the recovery of losses and damages 159. Mobil Philippines Exploration, Inc. v. Customs
due to collision; when and how made Arrastre Service, G.R. No. L-23139. Dec. 17, 1966
835, Code of Commerce
Arrastre operators Towage defined
Functions of an arrastre operator Salvage distinguished from towage
160. Hijos de F. Escao, Inc. v. National Labor 2142, Civil Code
Relations Commission, G.R. No. 59229. Aug. 22, 1991; 174. Barrios v. Carlos A. Go thong & Company,
261 SCRA 63 G.R. No. L-17192. March 30, 1963
161. Summa Insurance Corp., v. CA, G.R. No.
84680. Feb. 5, 1996; 323 Phil. 214 Persons having no right to reward for salvage
162. Fireman’s Fund Insurance Co., v. Metro Port 3, Act No. 2616
Service, Inc., G.R. No. 83613. Feb. 21, 1990; 182 SCRA
455 Derelict defined
Arrastre operator and carrier solidarily liable Basic rules on salvage reward
163. Lua Kian v. Manila Railroad Company, G.R. 9, 11, 12 and 13, Act No. 2616
No. L-23033. Jan. 5, 1967; 19 SCRA 5 175. The Atlantic, Gulf & Pacific Company of
164. Northern Motors, Inc. v. Prince Line, G.R. No. Manila v. Uchida Kisen Kaisha, G.R. No. L-15871. Nov.
L-13884. Feb. 29, 1960; 107 Phil. 253). 7, 1921
What arrastre operator must prove to avoid liability 1. CARRIAGE OF GOODS BY SEA ACT (COGSA)
165. Asian Terminals, Inc. v. Daehan Fire and OR COMMONWEALTH ACT NO. 65
Marine Insurance Co., Ltd., G.R. No. 171194. Feb. 4,
2010; 611 SCRA 555 U.S. COGSA adopted by the Philippine Congress via C.A.
No. 65
Arrastre operator deemed a public utility Public Act No. 521 of the 74th US Congress
166. New Zealand Insurance Company, Ltd. v. 1, C.A. No. 65
Navarro, G.R. No. L-48686. Oct. 4, 1989
Application of COGSA in relation to provisions of other
Stevedoring service defined laws
167. Cebu Arrastre Service v. Collector of Internal 1753, Civil Code
Revenue, G.R. No. L-7444. May 30, 1966 1766, Civil Code
168. The Chief of Staff, Armed Forces of the COGSA
Philippines v. Collector of Internal Revenue, G.R. No.
L-21835. Aug. 19, 1967 Significant provisions of COGSA
169. Anglo-Fil Trading Corp. v. Lazaro, G.R. No. L-
54958. Sept. 2, 1983 Rationale for limiting common carrier’s liability
176. Edgar Cokaliong Shipping Lines, Inc. v. UCPB
Containerization General Insurance Co., G.R. No. 146018. June 25,
2003
170. United States Lines, Inc. v. Commissioner of
Customs, G.R. No. L-73490. June 18, 1987 Carriage of goods; period covered
1(e), Title I of C.A. No. 65 (COGSA)
When carrier of the containerized cargo may be held 177. Insurance Company of North America v. Asian
liable Terminals, Inc., G.R. No. 180784. Feb. 15, 2012
171. Reyma Brokerage, Inc. v. Philippine Home
Assurance Corp., G.R. No. 93464. Oct. 7, 1991 Notice of loss or damage
172. Bankers & Manufacturers Assurance Corp. v. 3[6], COGSA
CA, G.R. No. 80256. Oct. 2, 1992
Action to recover not barred by lack of notice
1. SALVAGE LAW OR ACT NO. 2616
178. E. Elser, Inc. v. CA, G.R. No. L‐6517. Nov. 29,
Salvage defined 1954)
173. Erlanger & Galinger v. The Swedish East
Asiatic Co., [Ltd.], G.R. No. L-10051. March 9, 1916 Prescriptive period for filing an action under COGSA
(6), Sec. 3, COGSA
Elements needed to a valid salvage claim
179. Belgian Overseas Chartering and Shipping,
Rules for determining the reward for salvage N.V. v. Philippine First Insurance Co., Inc., G.R. No.
9, Act No. 2616 143133. June 5, 2002; 383 SCRA 23)
Proper subjects of salvage Other persons covered by the one-year prescriptive
Salvage Law (Act No. 2616) period
180. Kuy v. Everrett Steamship Corp., G.R. No. L‐
Flotsam, jetsam, lagan defined 5554. May 27, 1953
Amount of carrier’s liability
Insurer covered by the one-year prescriptive period 4(5), COGSA
181. Filipino Merchants Insurance Company, Inc. v. 193. Eastern Shipping v. IAC, G.R. No. L-69044.
Alejandro, G.R. No. L‐54140. Oct. 14, 1986 May 29, 1987; 150 SCRA 463).
3(6), COGSA
182. Mayer Steel Pipe Corp. v. CA, G.R. No. Parties may stipulate higher amount up to actual
124050. June 19, 1997 damage sustained
Arrastre operator not covered by prescriptive period Stipulation limiting carrier’s liability for loss of goods
permitted
Rationale for the prescriptive period under COGSA 1749 and 1750, Civil Code
183. Ang v. American Steamship Agencies, Inc., 4, par. (5), COGSA
G.R. No. L-22491. Jan. 27, 1967; 19 SCRA 129
Stipulation limiting the carrier’s liability; when valid
Not loss or damage but misdelivery 1744, Civil Code
3(6), COGSA
Rule on packages shipped in a container
Applicable rule on prescription in case of misdelivery of
goods “Container” construed
194. Aboitiz Shipping Corp. v. CA, G.R. No. 89757.
1144(1) and 1146, Civil Code Aug. 6, 1990
184. Tan Liao v. American President Lines, Ltd.,
G.R. No. L-7280. Jan. 20, 1956; 98 Phil. 203 Deterioration of goods due to delay in transit constitutes
loss or damage
Instances when prescription is suspended 3(6), COGSA
185. Universal Shipping Lines, Inc. v. IAC, G.R. No.
74125. July 31, 1990; 188 SCRA 170 Instances when carrier or ship not liable
186. H. Stevens & Co. Inc. v. Norddeuscher Lloyd,
G.R. No. L-17730. Sept. 29, 1962; 6 SCRA 180 CHAPTER VI
Provisions of Civil Code on prescription not applicable to AIR TRANSPORTATION
COGSA
1155, Civil Code 1. AIR TRANSPORTATION REGULATORY BODIES
3, par. 6, COGSA Republic Act No. 776, as amended by
187. Chua Kuy v. Everett Steamship Corp., G.R. No. Presidential Decree 1462
L-5554. May 27, 1953 Republic Act No. 9497
1155, Civil Code
188. The Yek Tong Lin Fire & Marine Insurance Co., 1. The Civil Aeronautics Board (CAB)
Ltd. v. American President Lines, Inc., G.R. No. No. L-
11081. April 30, 1958; 103 Phil. 1125 CAB’s authority to issue certain documents, permits
189. Dole Philippines, Inc. v. Maritime Company of
the Philippines, G.R. No. L‐61352. Feb. 27, 1987 Specific powers and duties of the CAB
10[C], R.A. No. 776, as amended
When prescription begins to run
190. Continental Insurance Company v. Manila Considerations in CAB’s rate-fixing
Port Service, G.R. No. L-22208. March 30, 1966, 16 10[C][2], R.A. No. 776, as amended
SCRA 425
191. Union Carbide Philippnes, Inc. v. Manila 2. The Civil Aviation Authority of the
Railroad Co., G.R. No. L-27798. June 15, 1977 Philippines (CAAP)
Prescriptive period applies to insurer of goods Powers of the CAAP
When cases for loss or damage of goods must be filed 1. TRANSPORTATION STATUTES AND GLOBAL
ACCORDS
Manner of determining the amount of liability of Civil Aeronautics Act of the Philippines or
common carrier for loss or damage to the goods Republic Act No. 776, as amended (1952);
transported Civil Aviation Authority Act of 2008 or
372, Code of Commerce Republic Act No. 9497; and
Warsaw Convention of 1929 or the
When shipper fails to declare value of goods Convention for the Unification of Certain Rules
4, par. 5, COGSA Relating to International Carriage by Air, as amended
192. Philam Insurance Company, Inc. v. Heung-A by subsequent international agreements.
Shipping Corp., G.R. No. 187701. July 23, 2014
1. The Civil Aeronautics Act of the Philippines 50, R.A. No. 9497
or Republic Act No. 776, as amended (1952);
Republic Act No. 776, otherwise known as the CAAP’s aviation safety powers and functions
Civil Aeronautics Act of the Philippines, as amended 55, R.A. No. 9497
by Presidential Decree No. 1462 and Executive Order
No. 217 The Chicago Convention
CAB empowered to issue CPCNs and permits to air 2. The Warsaw Convention of 1929
carriers
Convention for the Unification of Certain
CAB requirements to be satisfied by a foreign air carrier Rules Relating to International Carriage by Air,
intending to operate in the country commonly known as the Warsaw Convention (WC)
195. Santos III v. Northwest Orient Airlines, G.R.
Regulation of airfares No. 101538. June 23, 1992
5.01, IRR of E.O. No. 219, s. 1995 and E.O. No.
32, s. 2001 Warsaw Convention; its application vis-à-vis Philippine
laws
Aviation-specific passenger protection rules and 196. Mapa v. CA, G.R. No. 122308. July 8, 1997;
regulations 341 Phil. 281
197. Cathay Pacific Airways, Ltd., v. CA, G.R. No.
CAB’s Economic Regulation No. 9, December 60501. March 5, 1993; 219 SCRA 520
18, 2012
Principal goal of the treaty
Serious aviation crimes under the Anti-hijacking Law of
1971 Twin purposes of the treaty
1, R.A. No. 6235
Scope of application of the treaty
Shipping, loading or carrying of any substance regulated
by CAB International transportation
2 and 3, R.A. No. 6235 1[2], Warsaw Convention
Air Passenger Bill of Rights High contracting party
DOTC-DTI Joint Administrative Order No. 1
(2012) Transportation by several successive air carriers deemed
as one undivided transportation
The Civil Aviation Authority Act of 2008 or Republic Act 1[3], Warsaw Convention
No. 9497
Republic Act No. 9497, otherwise known as Carrier’s liability for damage in case of passenger’s death
the Civil Aviation Authority Act of 2008 or injury
17, Warsaw Convention
CAAP’s authority to prevent flight
39, R.A. No. 9497 Liability for damage for destroyed, lost or damaged
articles
System and procedures for investigation of air accidents 18, Warsaw Convention
Aircraft accident investigation and Inquiry board Period of transportation by air
42, R.A. No. 9497
Liability of carrier for delay
Establishment of registry of aircrafts 19, Warsaw Convention
43, R.A. No. 9497
Provision limiting carrier’s liability for damage caused by
Eligibility for registration of aircraft its willful misconduct removed by Hague Protocol
43, R.A. No. 9497, citing R.A. No. 776, P.D. 198. Alitalia v. IAC, G.R. No. 71929. Dec. 4, 1990
No. 1278, E.O. No. 546, and B.P. Blg. 504
Limit of carrier’s liability
Nationality of aircraft
47, R.A. No. 9497 22, Warsaw Convention
Exceptions to the limitations
Conveyance of aircraft required to be recorded in CAAP Willful misconduct
to be valid against third parties 199. Luna v. CA, G.R. No. 100374-75. Nov. 27, 1992
49, R.A. No. 9497 200. Northwest Airlines v. CA, G.R. No. 120334.
Jan. 20, 1998
Form of conveyance 201. Lhuiller v. British Airways, G.R. No. 171092.
March 15, 2010
Airway bill defined “Destination” and “agreed stopping place”
Warsaw Convention does not preclude the operation of Article 28(1) refers to jurisdiction not venue
the Civil Code and other laws 28(1), Warsaw Convention
32, Id.
Stipulation relieving the carrier from or limiting its
liability Special rules on the liabilities of airline carriers
23, Warsaw Convention 209. Philippine Airlines, Inc., v. CA, G.R. No. L-
202. Pan American World Airways, Inc. v. IAC, G.R. 82619. Sept. 15, 1993);
No. 70462, 164 SCRA 268 210. Zalamea v. CA, G.R. No. 104235. Nov. 18,
203. Northwest Airlines, Inc. v. Cuenca, G.R. No. L- 1993
22425. Aug. 31, 1965; 14 SCRA 1063); or 211. Lufthansa German Airlines v. CA, G.R. No.
204. Ortigas, Jr. v. Lufthansa German Airlines, G.R. 83612. Nov. 24, 1994
No. L-28773. June 30, 1975; 64 SCRA 610 212. KLM Dutch Airlines v. CA, G.R. No. No. L-
205. Korean Airlines Co., Ltd. v. CA, G.R. No. 31150. July 22, 1975; 65 SCRA 237
114061. Aug. 3, 1994; 154 SCRA 211
206. Zulueta v. Pan American World Airways, Inc., Rule in case of various successive carriers
G.R. No. L-28589. Jan. 8, 1973; 43 SCRA 397
Remedies of parties in carriage of passengers and goods
Validity of stipulation relieving the carrier from or 30, Warsaw Convention
limiting its liability
23[1], Warsaw Convention Contract of carriage performed by different carriers
Notices of claim in case of damage or delay 213. Commissioner of Internal Revenue v. British
26, Warsaw Convention Overseas Airways Corp., G.R. No. L-65773-74. April
30, 1987,
When right to damages is extinguished by prescription VI, Res. 850 of the IATA
29, Warsaw Convention 214. American Airlines v. CA, G.R. No. 116044-45.
207. United Airlines v. Uy, G.R. No. 127768. Nov. March 9, 2000; 384 Phil.
19, 1999 215. 227Distinction between damage to baggage
and injury to passenger due to the misconduct of
Recovery of claim covered by the Convention after 2 airline employees
years
19, Warsaw Convention Limitations to the liability of air carriers under the
24, Id. Convention
208. Philippine Airlines, Inc. v. Savillo, 209. G.R.
No. 149547. July 4, 2008; 557 SCRA 66 22, Warsaw Convention
25, Id
Jurisdiction