Professional Documents
Culture Documents
FRANCHISE
Citizen, or corporations or association whose capital is owned by such citizens
Maximum: 50years
Subject to amendment, alteration, or repeal by congress
Public Utility - business or service engaged in regularly supplyingthe public with some
commodity or service of public consequence
Take over clause - national emergency, public interest; the State may take over
Police Power - basis
Delegation of Power
Operation vs Ownership of facilities - Tatad vs Ca
CPC - no franchise; CPCN - franchise is required
A CPC constitutes neither a franchise nor a contract, confers no property rights and is a
mere license or privilege
If property covered by the franchise is transferred or lease without the requisite approval,
the transfer is not binding against third person
Prior Operator Rule - first licensee will be protected from his investment; so long as it
performs his terms and conditions of its license; he has a vested and preferential right
(BTC vs Orlanes)
Kabit System - Teja vs IAC
Continuation of the highway - San Pablo vs Pantranco
If separated by an open sea, not continuation of the highway - separate CPC
Absent a transpo contract - Lara vs Valencia
Not duty bound to observe extra ordinary diligence; only ordinary care
Issuance of CPC (delegated power)
Land - LTFRB
Not authorized to delegate it further to a CC, a transport etc (KMU vs Garcia)
Air - CAB
Water - MARINA
COMMON CARRIERS
Persons, corps, firms or assoc., engaged in the business of carrying or transporting
passengers or goods or both by land, water, or air for compensation, offering their
service to the public
COMMON CARRIER
PRIVATE CARRIER
TRUE TEST: the character of the business actually carried on by the carrier
Public use - open to the indefinite public
1732 makes no distinction between one whose principal business activity is the carrying
of persons or goods or both and who does such carrying only as an ancillary activity
(sideline)
The fact that one does not hold a CPC is no excuse to exempt him from incurring
liabilities as a CC
Limitation on the power to regulate
Not confiscatory, just compensation, due process of law
When judiciary may interfere
Plainly and palpably unreasonable as equivalent to the taking of property for public use
Extraordinary diligence - for reasons of public policy and the nature of their business
CC is not responsible: (exclusive)
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 or omission of the shipper or owner of the goods
4. The character of the goods or defects in the packaging or the containers
5. Order of competent authority
* fire may not be considered a natural calamity
* defects of the carrier not caso fortuito
In all other cases- presumed at fault, unless they prove extraordinary diligence
Registered Owner Rule
Exception: stolen; unauthorized use
Kabit system
Nominal - the right of the plaintiff may be vindicated or recognized, not for the purpose
of indemnifying
When some special injury was caused - Alitalia vs CA
Temperate - some pecuniary loss has been suffered but amount cannot be proved with
certainty
Liquidated - agreed upon by the parties to a contract
Attorneys fees - in the absence of stipulation, it cannot be recovered
Except: exemplary damages, compelled to litigate, malicious prosecution; unfounded
action; gross evident of BF; legal support; recovery of wages; arising from crime
In case of death, damages recoverable are:
1. Indemnity for the death of the victim
2. Indemnity for loss of earning capacity
3. Moral damages
4. Exemplary damages
5. Attorneys fee and expenses of litigation
In the absence of any agreement as to the time of delivery, the law implies a contract
that they shall be delivered at destination within a reasonable time. -TWA case
CODE OF COMMERCE ON TRANSPORTATION OVERLAND
A contract of transportation shall be considered commercial:
1. It involves merchandise or any object of commerce
2. The carrier is a merchant or is customarily (habitually) engaged in transportation
for the public, no matter what its object may be
CONTRACT OF CARRIAGE
Bill of Lading - contract; receipt; symbol of the goods; document of title
Legal basis of the contract bet the shipper and the carrier
After the contract has been complied with, the BOL shall be returned to the carrier
- respective obligation shall be considered canceled, unless the claims which are desire
to reserve shall be reduced in writing
Parole Evidence Rule - In the absence of fraud, concealment or mistake, the terms or
legal import in the contract, when free from ambiguity cannot be explained nor added to
by parol.
Refusal to transport
charge of the cargo on board, sells the same to the best advantage in the foreign market,
buys cargo to be brought back on the return voyage of the ship and comes home with it.
Administration duties
Average
1. Expenses - extraordinary or accidental; incurred during the voyage; incurred in order
to preserve the vessel, cargo or both
2. Damages - from the time the vessel puts to sea from the port of departure until it casts
anchor in the port of destination; have been suffered by the merchandise from the time
they are loaded in the port of shipment until they are unloaded in the port of consignment
Simple or Particular Average
Include all expenses and damages caused to the vessel or to her cargo which have not
inured to the common benefit and profit of all the persons interested in the vessel and
the cargo
The owner of the goods which gave rise to the expense or suffered the damage shall
bear the simple/particular average
Gross or general average
Include all damages and expenses which are deliberately caused in order to save the
vessel, its cargo or both at the same from a real and known risk (immediate peril)
Formalities
1. An assembly of the sailing mate and other officers with the captain
2. Resolution of the captain
3. Entered into the logbook with the reasons and motives
4. Minutes shall be signed by the parties
5. Within 24hrs, deliver one copy to the maritime judicial authority
Requisites:
1. Common danger
2. Part of the vessel or the cargo or both is sacrificed deliberately
3. Success in saving
4. Formalities have been observed
It is the safety of the property, not the voyage, which constitutes the true foundation if
general average - Magsaysay vs Agan
All persons having an interest in the vessel and cargo at the time of the occurrence of
the average shall contribute
Jettison
Order :
1. Those on deck -> those which embarrass the maneuver or damage the vessel -> the
heaviest ones with the least utility and value
2. Below the upper deck -> greatest weight and smallest value
To be indemnified -> owners must prove the existence on board
Jason Clause - rights to contribution shall not be affected, though the event which gave
rise to the sacrifice or expenditure may have been due to the fault of one of the parties
to the adventure
This shall not prejudice any remedies which may be open against that party for such
fault
Loss or petroleum for common safety shall constitute general average
Arrival under Stress
Arrival of the vessel at the nearest and most convenient port, if during the voyage the
vessel cannot continue the trip to the port of destination due to:
1. Lack of provision
2. Well-founded fear of seizure, privateers or pirates
3. By reason of any accident of the sea disabling it to navigate
Formalities: assembly; entering into the logbook
Expense shall always be for the account of the shipowners*
Requisites for the captain to unload the cargo arriving under stress:
1. Necessary to make repairs or there must be danger that the cargo may suffer damage
2. The captain must be authorized by either a competent court or consul
Collisions
3 times zones
1. All the time up to the moment when the risk of collisions may have said to have
begun
2. The time between the moment when the risk of collisions begins and the moment
when it become a practical necessity
3. The time between the moment when collision has become a practicak certainty and the
moment of actual contract
In extremis - if the vessel having a right of way suddenly changes its course during
the 3rd zone, it cannot create responsibility even if wrong
Classes of collisions
1. Fortuitous event - each shall bear his own damage
2. Culpable - the owner of the vessel at fault shall indemnify the losses and
damages suffered;
If both are at fault - each one shall suffer its own damages and both shall be
solidarily responsible for the losses and damages occasioned to their cargoes
3. Inscrutable Fault - cannot be determined which of the two vessels hs
caused the collision
- each one shall suffer its own damages and both shall be solidarily responsible for
ORDINARY LOAN