Professional Documents
Culture Documents
TRANSPORTATION LAW
2nd Semester, AY 2018-2019
A. Classroom Rules:
1. Attendance will be checked at the beginning of every meeting.
2. Recitation will be conducted every meeting. Students are expected, therefore, to come
to class prepared and to have read the materials scheduled to be covered during the
meeting. When a student is reciting, the rest of the class is expected to listen to him.
Students are encouraged to participate in the discussion by asking questions.
3. A student who is called to recite is expected to close his book during his recitation.
4. Electronic gadgets are not prohibited during class hours. A student is expected,
however, to turn off his mobile phone or to put it on silent mode as soon as he steps
into the classroom. If the student expects a call during the meeting, he can take the call
by discretely leaving the classroom. Laptops, tablets, and other similar electronic
devices, are not, likewise, prohibited but the students who are called to recite should
close these electronic devices for the duration of their recitation. The same rule applies
to mobile phones that serve as data storage.
5. Any student may discretely leave the classroom if and when absolutely necessary. When
a student is not in the classroom when called for recitation, he will be given a grade of
5.0 or its equivalent.
B. Grading System:
Recitation - 15
Quiz - 15
Mid-Term Exam - 30
Final Exam - 40
C. Reference/s:
Essentials of Transportation and Public Utilities Law, Timoteo B. Aquino & RamonPaul L. Hernando
OUTLINE PROPER
PART I
a. Common Carriers
A. General Considerations
a. Definition
i. Contract of Transportation
b. Parties to a contract
i. Carriage of Passengers
ii. Carriage of Goods
1. Baliwag Transit v CA, G.R. No. 80447 January 31, 1989
c. Perfection of Contract
1) Two types of contract of carriage of passengers
i) contract to carry
ii) contract of carriage or of common carrier
2) Aircraft
2. British Airways v CA G.R. No. 92288 February 9, 1993
3. Korean Airlines v CA G.R. No. 114061 August 3, 1994
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3) Buses, Jeepneys and others street cars
4) Trains
5) Carriage of Goods
d. Common Carrier (CC) – Definition
i. Test to determine whether a party is a CC
4. Sps. Fabre v CA, G.R. No. 111127 July 26, 1996
ii. Characteristics
5. De Guzman v CA G.R. No. L-47822 December 22, 1988
6. First Phil Industrial Corp. v CA G.R. No. 125948 December 29, 1998
7. Asia Lighterage & Shipping v CA G.R. No. 147246 August 19, 2003
8. LRT Authority v Marjorie Navidad, et.al G.R. No. 145804 February 6, 2003
9. Sps. Perena v. Sps. Nicolas, Gr No. 157917, August 29, 2012
10. Sps. Cruz v. Sun Holidays, GR No. 186312, 6/29/2010
11. National Steel v. CA, Gr No. Gr No. 112287, 12/71997
e. Charter Party
i)TWO TYPES :
1) Affreightment (time or voyage )
2) demise or bareboat charter -
f. Private Carrier
g. CC distinguished from Private Carrier
h. CC distinguished/Towage/Arrastre/Stevedoring/Travel Agency/Tramp Service and
Line Service
i. Governing Laws – ART 1766 CC expressly states that Civil Code is the governing
law of the CC. Suppletory are Code of Commerce and other special laws
- Art. 1753 – cases involving loss, destruction or
deterioration of goods- the law of the country
of destination shall apply
- Read page 39 of the book- the applicable laws
were summarized
j. ROR and Kabit System
i. Registration Laws (RA 4136)
ii. Registered Owner Rule
12. Filcar Transport v Espinas G.R. No. 174156 June 20, 2012
13. Duavit v. CA, Gr No. 82318, 5/18/1989
14. PCI Leasing v UCPB G.R. No. 162267 July 4, 2008
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1) Basic Obligations of the Carrier
1. Delay
2. Place of delivery
3. To whom delivered
19. Delsan Transport v American Home G.R. No. 149019 August 15, 2006
20. La Mallorca v CA , G.R. No. L-20761 July 27, 1966
1. Goods
2. Passengers
3. Gratuitous Passenger
i. Seaworthiness
ii. Cargoworthiness
iii. Proper Manning
iv. Adequate Equipment
v. No overloading
vi. Proper storage
vii. Negligence of captain and crew
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- Only due diligence in traversing crossing
-Ensure the safety of other by placing safety devices and signs
24. Phil National Railways v Vizcara G.R. No. 190022 February 15, 2012
NOTE: 1)Not obliged to stop train every time he sees a person on or near the tracks;
2) Damages to properties and persons near railroad tracks (negligence caused
the destruction of neighboring properties through fire)
3) Speeding can be a proof of negligence
c) DOCTRINES (defenses)
d) CLAIMS
46. Philam vs. Heung-a Shipping, GR No. 187701 and 187812, July 23, 2014
47. Belgian Oversease v. Philippine First, Gr No. 143133, 6/5/2002
48. Vector v. American, GR No. 159213, 7/3/2013
I. CONCEPTS
ii) Damages
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a) Definition
b) Elements
i) Applicable Laws
ii) Aircraft- Definition
iii) Parties
iv) Classification of aircraft charters
v) Cabotage
80. Kuwait Airways Corporation vs. PAL, GR No. 156087, May 8, 2009
81. UNITED AIRLINES, INC v. CA, GR no. 124110, April 20, 2001
82. Northwest Airlines v. Laya, GR No. 146020, May 29, 2002
83. Air France v. Gillego, GR. No. 165266, December 15, 2010
84. Sabena v. CA, GR No. 1046855, 3/14/1996
85. Saludo v. CA, GR No. 95536, 3/23/1992
86. Trans World Airlines v. CA, GR No. 78656, 8/30/1988
87. PAL v. CA, GR No. 119641, 3/14/1996
88. Air France v. Carrascoso, Gr No. L-21438, 9/28/1966
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89. China v. Chiok, GR no. 152122, 7/30/2003
90. PAL v. Lopez, GR No. 156654, 11/20/2008
91. Japan Airlines v. CA, GR No. 118664, 8/7/1998
92. Northwest v. Catapang, GR No. 174364, 7/30/2009
93. Northwest v. Spouses Heshan, GR No. 179117, 2/3/2010
94. PAL v CA, GR No. 123238, 12/10/2003
95. Northwest Airlines v. Laya
i) Warsaw Convention
ii) Liabilites under Warsaw Convention
iii) Venue
iv) Rules on Notice of claim
J. GENERAL CONCEPTS
NOTE: Abandonment of the vessel is the number 1 requirement to avail of the right of LLR, but if
the vessel was entirely lost then this requirement can be dispensed with.
NOTE: For enforcement of all claims against the shipowner, no preference is given either
you filed your cases ahead of the other, if your case is completed, it shall remain pending until all
other cases against the shipowner is done before execution can be done.
c) Protest
i) Definition
ii) When required
d) Jurisdiction
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i) Prohibited Acts
ii) Exceptions
iii) Pollution insurance
K. VESSELS
a) Vessel
i) Definiion
ii ) Importance
iii) Kinds
iv) Acquisition and Registration
NOTE: Mortgage and encumbrances over vessels are governed by the provisions of PD 1521,
otherwise known as the Ship Mortgage Decree of 1978. The provision of PD 1521 with respect to
mortgage prevail over the Code of Commerce and Civil Code provisions.
i) Requirements
110. POLIAND Industrial v. NDC, 467 SCRA 500, August 22, 2005
NOTE: The shipowner is the person who is primarily liable for damages sustained in the
operation of vessel.
1) PARTIES
a. Ship Agent
i) Extent of Liability
ii) Powers and Functions
b. Part Owners
c. Captain and Masters of Vessel
i) Qualifications
ii) Powers and Functions
iii) Liability
d. Pilotage
NOTE: powers inherent in the position of captain and liability of captains and ship agents to third
persons with respect to contracts
e. Pilotage
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NOTE: He is, generally, personally liable for damage caused by his own negligence or default to the
owners of the vessel and third persons in a collision. But in one case, the court held that the owner
should be responsible to the injured acts and it is the owner who should run after the pilot. All the
more if the pilot is employed by the shipowner.
111. Inter- Orient Maritime v. NLRC, GR NO. 115286, August 11, 1994
N. CHARTER PARTIES
a) Charter Party
i) Definition
ii) Kinds
iii) Parties
iv) Requisites
116. De La torre vs. CA, GR NO. 160088 160565, July 31, 2011
a) Bottomry
b) Respondentia
c) Distinctions of bottomry/respondentia from simple loan
d) Authorized to constitute loans on bottomry/respondentia
e) Forms
f) Effects
P. AVERAGES
a) Averages
i) Definition
ii) Classification
1)simple(definition)
2) general average
i) Definition
ii) Requisites
iii) Legal Steps
iv) Jettison
NOTE: if there is a loan but the goods are lost, then it’s the lender who shall bear the loss. Example
of simple averages are found in art. 809 of COC
Q. COLLISIONS
A) Collision/Allision
a) Definition
b) Zones in collision
120. Urrutia & Co. v. Baco River, GR NO. 7675, March 25, 1913
c) Governing law
B) Protest
a) Definition
b) Steps under taken for a valid arrival under stress
c) when not lawful
b) Shipwreck
A) Salvage
a) Definition
b) Kinds
c) Elements of a valid Salvage
d) Persons not entitled to salvage
e) Derelict
f) Jetsam/Flotsam/Ligan
g) Salvage Fee
i)Limit
ii)Circumstances to consider
f) Rights and Obligations of Salvors and Owners
g) Maritime Lien
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126. G. Urrutia v. Pasig Steamer, GR No. 7294, March 22, 1912
127. Wallace v. Pujalter & Co., GR No. L-10019, March 29, 1916
128. Fernandez v. Thompson, GR No. 12475, March 21, 1918
A) Applicability
B) Parties
c) CLAIMS (Cogsa Act)
i) Elements
ii) Purpose
iii) Constitutional Provisions/Limitations
iv) Ownership
v) Term/Exclusivity
vi) Amendment
vii) Monopolies and Unfair Competition
viii) Regulation of rates
i) baisc requirements
ii) rules and policies
iii) Free competition
iv) Instances when CPC is not required
v) transfer of certificate/other transactions
vi) revocatoin of CPC
vii) When NTC has no power to cancel legislative franchise
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