Transportation Notes
Transportation Notes
BOL as a RECEIPT
Bill of Lading (BOL) is a written acknowledgement, signed Receipt is not essential to complete a
by the master of a vessel or other authorized agent of the delivery of goods to the carrier, but,
carrier, that he has received the described goods from the When issued it is competent and prima
shipment, to be transported on the expressed terms, to the facie, but not conclusive, evidence of
described place of destination, and to be delivered there to delivery to the carrier.
the designated consignee or parties.
Said Weight Clause
KINDS OF BILL OF LADING “said to weight” means nobody knows the actual
weight of the cargo; the weight written on the bill
NoNe CuRe Fo ClePTOS and on the manifest is based only on the
declaration of the shipper.
1. Negotiable or non-negotiable
BOL that contains word of negotiability is It is only material when the presumption
negotiable of negligence is invoked.
2. Clean bill of lading and Foul Bill of Lading
Clean bill of lading- does not contain any notation 2. BOL as a CONTRACT
indicating DEFECTS in goods.
Foul Bill of Lading- contains such notation It is the law between the parties provided it is not
3. Spent Bill of Lading contrary to law, morals, good customs, public
If the goods were delivered but the BOL order and public policy.
was not returned
4. Through Bill of Lading PARTIES in the BOL are shipper and carrier.
Issued by a carrier who is obliged to
USE THE FACILITIES of the other Consignee may also be a party to a contract
carriers and his own for the purpose of although not signatory therein by reason of either:
transporting goods from the seller to the
buyer. 1. the relationship of agency between the
BOL which is HONORED by the second consignee and the shipper/consignor;
and other interested carriers who do not 2. the unequivocal acceptance of the BOL, with
issue their own lading. full knowledge of its contents; or
5. On Board Bill v. Received for Shipment Bill 3. availment of stipulation pour autrui
On Board Bill- is one in which it is stated
that the goods have been RECEIVED
ON BOARD the vessel which is to carry
the goods. CONTRACT OF ADHESION
Received for Shipment Bill- is one which o Drafted only by one party, usually the
it is stated that the goods have been carrier, and is sought to be accepted or
RECEIVED FOR SHIPMENT with or adhered to by the other party, the
without specifying the vessel by which passengers or shippers.
the goods are to be shipped. o Take it or leave it basis
6. Custody Bill of Lading o BOL is a contract of adhesion
It indicates that the goods are already o Liberally construed in favor of the
received by the carrier but the vessel passenger/shipper who adhered to such
indicated therein has not yet arrived in BOL or ticket.
the port. o They are not entirely prohibited; they are
7. Port Bill of Lading as binding as ordinary contracts, the
reason being that the party who adheres
The vessel indicated in the BOL that will
to the contract is free to reject it entirely.
transport the good is already in port.
No vessel, no liability.
CULPA CONTRACTUAL V CULPA AQUILIANA The civil liability for collision is merely co-existent
with the interest in the vessel; if there was total
Point of CULPA CULPA loss, liability is also extinguished.
distinction CONTRACTUAL AQUILIANA
Source of
Contract Quasi-delict
obligation GR: If the ship is totally lost, liability is extinguished. If the
No liability being ship or part thereof still exists, he can escape liability by
Liability of Solidarily liable with
there no privity of abandoning the vessel, its appurtenances and its freight.
employee the employer
contract
Due diligence in the
Due diligence in the Article 837, 587 and 590 of Code of Commerce cover only:
selection and
selection and
Availability of supervision of the
supervision of the 1. Liability to third persons
defense employee is a
employee is NOT a 2. Acts of the captain
defense under
defense 3. Collisions
art.2180
In what
Liable as a Liable as an EXCEPTIONS TO THE LIMITED LIABILITY RULE
capacity
contracting party employer
liable
1. Where the injury or death to a passenger is due
either to the fault of the shipowner, or to the
Elaboration: concurring negligence of the shipowner and the
captain (NEGLIGENCE)
Culpa contractual -Only the employer because of the
contract of carriage is between the passenger/shipper and
GR: Shipowner is liable for the negligence of the Except:
captain in collision cases 1. Those owned and/or operated by the Armed Forces
---- liability is limited to value of the vessel of the Philippines and by the Foreign Government for
Limited liability rule applies if the captain or the its Military Purpose.
crew caused the damage or injury as when
unseaworthiness of the vessel was caused by the 2. Bancas, sailboat and other waterbone contrivance of
negligence of the captain or crew during the less than three tons capacity and not motorized.
voyage
However, if the failure to maintain the
- Vessels are considered personal property under the
seaworthiness of the vessel can be ascribed to the
shipowner alone or the shipowner concurrently Civil Law. The Code of Commerce likewise expressly
with the captain, then the limited liability principle acknowledges the special nature of a vessel as
cannot be invoked --- LIABILITY FOR THE personal property.
DAMAGES IS TO THE FULL EXTENT (ex.
Overloading, unseaworthiness even at the time of C. PERSONS WHO TAKE PART IN MARITIME
departure) COMMERCE
PROTESTS
MARINA regulations:
- is the written statement by the master of a vessel
or any authorized officer, attested by proper officer MASTER – the person having command of the ship. The
or a notary, to the effect that damages has been same term is being used both for domestic trade and
suffered by the ship international trade.
Required under the following cases:
BOAT CAPTAIN – a person authorized by the MARINA to
1. When the vessel makes an arrival under stress
2. Where the vessel is shipwrecked act as officer and/or in command of a boat/ship or has
3. Where the vessel has gone through a hurricane or the qualification/license to act as such.
the captain believe that the cargo has suffered
damages or averages
4. Maritime collisions
CHARTER PARTIES
VESSELS
Charter Parties
A vessel or watercraft is defined under PD No. 447 as
any barge, lighter, bulk carrier, passenger ship - a contract whereby the entire ship, or some of the
freighter, tanker, container ship, fishing boats, or other principal part, is let by the owner to a merchant or other
artificial contrivance utilizing any source of motive person for a specified time or use for the conveyance of
power, designed use or capable of being used as a goods, consideration of payment of freight
means of transportation operating either as a common - it is a contract, hence, parties are free to stipulate upon
carrier, including fishing vessels covered under PD No. such terms and conditions that would suit their
43, purposes subject to the caveat that these should not be
contrary to law or public policy
a. freight shall begin to run from the day of
loading on the vessel
Parties b. in charters with fixed period, the freight shall
begin to run upon that very day
c. If freight is charged according to weight ,
1. Charterer- merchant or a person who desire s to lease
payment shall be made according to gross
ship or vessel owned by another by transport of his or her weight , including the weight of the containers
goods for commercial purposes or persons from one port to
another
LAST DAYS- period of time stipulated from loading and
2. Shipowner (SO) unloading ( provided for in charter party ) ; if no lay days
provided for in the charter party, it is understood that the
charterer will unload and discharge cargoes within a
reasonable time or with reasonable diligence
KINDS:
b. voyage charter – vessel is leased for a single LOAN ON BOTTOMRY – loan made by shipowner or ship
or particular voyage agent guaranteed by vessel itself and repayable upon arrival
of vessel at destination; vessel/portion
- New Civil Code – carrier will not be liable only if it can INTERNATIONALCARRIAGE FROM FOREIGN PORT TO
present proof that the unseaworthiness was caused THE PHILIPPINES (COGSA)
exclusively by any of the circumstances specified in Art.
1734 of the NCC
- The shipowner and the ship agent may waive the benefit of 2.NOTICE OF CLAIM
any of the defenses in its favor provided not only under NOT MANDATORY(non-filing of the claim DOES NOT bar
COGSA but also under other laws recovery)
1.BREACH OF CONTRACT
PUBLIC CARRIAGE
2.NOTICE OF CLAIM
MANDATORY(non-filing of the claim bars recovery) Who regulates public carriage?
Art. 366 Code of Commerce
When: (actual delivery is necessary) - Land Transportation Franchise and Regulatory
a. immediately if the damage is APPARENT Board.
b. within 24 hours from receipt of the merchandise if the - Major function: determines fare rate
damage is NOT APPARENT.
Commencement of period: when consignee has received Who issues Certificate of Public Convenience (CPC)?
possession of the merchandise(upon delivery)
- Public Service Commission
- May be delegated to LGUs
Is CPC transferable?