During or After The Occurrence of The Disaster

Article 1732
Common carriers are persons, corporations, firms or association engaged in the business of
carrying or transporting passengers, or goods, or both, by land, water or air, for
compensation, offeing their services to the public.
Charter Party may transform a common carrier into a private carrier.

a. by demise or bareboat charter- charterer mans the vessel with his own people and
becomes, in effect, the owner for the voyage or service stipulated.
b. Contract by Affreignment
Private Carrier vs. Common Carrier

Lies between the character of the business.
Loss, Destruction, or deterioration of the goods, unless due to any of the following causes
only:
1. Flood, storm, earthquake, lightning, or other natural disaster or calamity
2. Acts of the public enemy in war, international or civil
3. Acts or ommsision of the shipper or owner of the goods
4. The character of the goods or defects in the packing or in the containers
5. Order or act of the competent public authority
6. Exercise of extraordinary diligence
Requisites of Fortuitous event

1. The cause of the unforeseen and unexpected occurrence , or of the failure of the debtor to
comply with his obligation, must be independent of the human will
2. It must be impossible to foresee the vent which constitute te caso fortuito, or if it can be
foreseen, it must be impossible to avoid.
The parties cannot stipulate to totally exempt the carrier from exercising any degree of
diligence whatsoever
The common carrier laible of less tha the diligence of a good father of a family.
But it can be stipulated to be less than the extraordinary diligence of a good father of a
famiky
1. That the stipulation should be in writing signed by both
2. supported by a valuabe consideration other than the service rendered by the common
carrier
3. The stipulation is reasonable , just and not contrary to law.
COGSA( carriage of Goods by Sea act)

The law of the country to which the goodsare to be transported governs the liability
of the common carrier in case of loss, destruction or deterioration.
-primarily governed by the civil code
- by the code of commerce and by special laws.
To claim that natural calamity as a defense against the claim of the respondent. The common
carriers shall prove the the natural disaster is the proximate and only cause of the loss and
the common carrier excercised due diligence to prevent or minimize the loss before,
during or after the occurrence of the disaster.
The common carrier shall not be liable for any loss or damage to or in connection with the
transportation per customary freight unit, in an amount not exceeding 500 dollars per
package lawful money US.
Pwede magstipulate but not more less than the amount provided by the law.
Art 1749.
A stipulation that the common carriers liability as limited to the value of the goods
appearing in the bill of lading , unless the shipper or owner declares a greater value , is
binding.
But in no case more than the value of the damage actually sustained ,
Example: 28 pacages x 500 = 14, 000 dollars x 20.14= P281, 960 vs. 256,000
Actual loss will be upheld.
The 500 dollars refers to units and not containers. Package refers to Units in COGSA.
The Container if provided by the carrier so it cannot be the basis of the 500 dillar package
beciuase they have the discretion to control how many containers can they use.
The carrier is at liberty to pack and carry them at any container they want.
Art 587.
The agent shall aso be civilly liable for the indemnities in favour of third persons
which arise from the conduct of he captain in the care of th goods which the vessel
carried, but he may exempt himself therefrom by abandoning the vessel with all her
equipments and the freight he may have earned during the voyage.
If the law does not state the degree of diligence required, it will be the ordinary diligence
of a good father of the family.
Arrastre refers to the hauling of cargo , comprehends the handling of cargo on the wharf or
between the establishments of the consignee or shipper and the ships tackle. The Arrastre
responsibility ends from the delivery of the last item to the consignee.
Stevedoring refers to the handling of the cargo in the vessel or between the ships tackle
and the hold of the vessel. The stevedore responsibility ends when the same fiish on
loadiung and stowing the cargo in to the vessel.
Stevedore is not a common carrier and not a warehouseman. Liability of the same is Quasi-
Delict.
Stevedoring- reuired negligence is only the ordinary doiligence of a good father of a

Familky. Because he same are only providing service in loading and stowing the cargo to
and from the vessel.
Arrastre requires the same diligence required in s common carrier and warhehouseman
because they are in custody of the goods.
Code of Commerce shall be applied in determining the rights and liabilities of the parties.
Bill of lading binds only the shipper/consignee and the carrier.
The Doctrine of Limited Liability will not apply where there is negligence on the part of the
vessel owner or agent.
A question of law arises when there is doubt as what law is on a certain of facts
A question of fact is when doubt arise as to the truth or falsity of the alleged facts.
Warsaw Concention
The onvention which applies to ibternationa transportation by air.
1. The place of departure and the place of arrival are within the territiories of two
contracting paries, regardless of whether or not there was a break in the transportation or
transhippmen
2. The place of departure and the place of arrival are within the territory of a Single
contracting country if there Is agred stopping place within a territory subject to the
sovereignty, mandate or authority of another rpower.
Passenger
1. while on board
2. in the act of embarking
3. in the act of disembarking
4. when there was or is in delay.
Checked baggage or goods

1. during transportation
2. delay
Passenger 250,000 francs
Carriage 250 francs/kg.
Jurisdiction
1. the domicile of the carrier
2. principal place of business
3. where the contract has been made.
The court of the destination
1. Condition precedent
Notice of claim ( mandatory or a condition precedent)
1. Baggage 3 days
2. baggage with delay 14 dasy from the time baggage was placed at the disposal of
the passenger
3. goods- 7 days from delivery.
Prescription.
1. 2 years from the receipt in case of an action for damage to passenger baggagae.
2. tort- 4 years.
Overloading is not prohibited. 10 percent.

Civil aviation authority act of 2008 CAAA
Airwoethiness
Means that an aircraft, its engines, propellers and other compinents and accessories,
are of proper design and construction, and are safe for air navigation purposes, such design
and construction being consistent with accepted engineering practice and in accordance
with aerodynamic laws and aircraft science.
Civil Aviation
Refers to the operation of any civil aircraft for the purpose of general avaiation
operations, aerial work or commercial air transport operations.
Civil Aviation Authority of the Phillipiens

-have acces to all civil aircraft for their inspection
1. the aircraft may not be airworthy
2. the airman may not be qualified or physicaly or mentally capablr for the flight
3. the operation would caus imminent danger to persons or property on the ground.
1. The registry of aircraft anf any transfer, lien, mortgage or other interests in aircraft or
aircraft engines is maintained by the CAAP. The CAAP is given the sole authority to
register aircraft and liens, mortgage or other interest in aircraft or aircraft egines.
2. certificate of Registration is a conclusive ebvidnece of ownership.
If not registered. B=vid only to then paties, heira and assigns, executor and administrators or
successors in interest and any person having actual knowledge s
Land transportation Franchising Regulaotyr Board.

Marine Industry Authority
Civil Avaitaion Auhtority
Requisite to Grant Certificate of Publuc Conveniece

. 1. The grantee is a Filipino citizen or corporation or entity 60percent is owned by
such citizen
. The grantee must have sufficient financial capability to undertake the service.
3. the service will promote Public interest and convenicne in a proper and suitable
manner.
Certificate of Public Conveneience- any authorization to operate public service for which no
franchise is required
Certificate of Public Convenience and Neccesity-

During or After The Occurrence of The Disaster

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

During or After The Occurrence of The Disaster

Uploaded by

Copyright:

Available Formats

Article 1732

Charter Party may transform a common carrier into a private carrier.

Private Carrier vs. Common Carrier

Requisites of Fortuitous event

COGSA( carriage of Goods by Sea act)

Actual loss will be upheld.

Stevedoring- reuired negligence is only the ordinary doiligence of a good father of a

Checked baggage or goods

Overloading is not prohibited. 10 percent.

Civil Aviation Authority of the Phillipiens

2. certificate of Registration is a conclusive ebvidnece of ownership.

Land transportation Franchising Regulaotyr Board.

Requisite to Grant Certificate of Publuc Conveniece

Certificate of Public Convenience and Neccesity-

You might also like