Scribd Logo
Upload

Welcome to Scribd!

  • The Law On Common Carrier and The Air Passenger Bill of Rights

    Uploaded by

    Nathalia Bautista
    117 views1 page
    This document summarizes Philippine law regarding common carriers and passenger rights. It defines common carriers as those engaged in transporting passengers or goods for compensation and offering services to the public. Common carriers are responsible for observing extraordinary diligence and are presumed at fault if a passenger is injured unless they can prove utmost diligence was exercised. Fortuitous events beyond a carrier's control, such as natural disasters, may exempt them from liability but not events like fire that could be prevented through precautionary measures. The Air Passenger Bill of Rights establishes the rights of passengers to accurate information, receiving full value of purchased services, and compensation.

    Original Description:

    Original Title

    The Law on Common Carrier and the Air Passenger Bill of Rights

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document summarizes Philippine law regarding common carriers and passenger rights. It defines common carriers as those engaged in transporting passengers or goods for compensation and offering services to the public. Common carriers are responsible for observing extraordinary diligence and are presumed at fault if a passenger is injured unless they can prove utmost diligence was exercised. Fortuitous events beyond a carrier's control, such as natural disasters, may exempt them from liability but not events like fire that could be prevented through precautionary measures. The Air Passenger Bill of Rights establishes the rights of passengers to accurate information, receiving full value of purchased services, and compensation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    117 views1 page

    The Law On Common Carrier and The Air Passenger Bill of Rights

    Uploaded by

    Nathalia Bautista
    This document summarizes Philippine law regarding common carriers and passenger rights. It defines common carriers as those engaged in transporting passengers or goods for compensation and offering services to the public. Common carriers are responsible for observing extraordinary diligence and are presumed at fault if a passenger is injured unless they can prove utmost diligence was exercised. Fortuitous events beyond a carrier's control, such as natural disasters, may exempt them from liability but not events like fire that could be prevented through precautionary measures. The Air Passenger Bill of Rights establishes the rights of passengers to accurate information, receiving full value of purchased services, and compensation.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    Lesson VI: The Law on Common Carrier and the Air Article 1174 of the Civil Code of the

    e Civil Code of the Philippines


    Passenger Bill of Rights “No person shall be responsible for a fortuitous
    event which could not be foreseen, or which, though foreseen,
    A Carrier is a person or corporation who undertakes to was inevitable.”
    transport or convey goods or persons from one place to Common Carriers are not held liable to any of the
    another. following causes:
    1)Natural Disasters
    Classifications of Carrier 2)Act of the Public Enemy
    1. Private Carrier – do not engage in the business of 3)Act or Omission of the Shipper or the Owner of the
    transportation but is capable of transporting goods and goods
    passengers. 4)The character of the goods or defects in the
    Contract of Private Carriage, this is the agreement packaging
    5)Order or Act of a competent public authority
    established if one has engaged in the service of a private
    carrier.
    Fire is not a Fortuitous Event
    - The diligence required is ordinary diligence or the
    diligence of a good father of a family. - Should have precautionary measures
    - It is not considered a natural disaster or calamity. If
    2. Common Carrier/ Public Carrier
    there is a fire, someone is negligent.
    Article 1732 of the Civil Code of the Philippines
    “Common Carriers are persons, corporations, firms, The Air Passenger Bill of Rights of the Philippines
    or association engaged in the business of carrying or Was promulgated by the virtue of the joint DOTC-
    transporting passengers or goods or both, by land, water, or DTI administrative order number one
    air, for compensation, offering their service to the public” - First and only administrative order created by the
    two
    Contract of Carriage/ Contract of Public Transportation,
    the established agreement between the parties (passenger and Three Main Rights of the Passenger
    the common carrier) 1. The right to be provided with accurate information
    - The contract is the meeting of the minds not the before purchase
    paper. 2. The Right to receive full value of the service purchased
    - It is required to perform utmost or extraordinary 3. The right to compensation
    diligence.
    Responsibility of a Common Carrier
    Article 1733, Common Carriers are bound to observe
    extraordinary diligence.
    Article 1755, Common Carriers is bound to carry passengers
    safely as far as human care and foresight can provide, using
    utmost diligence.
    Article 1756, In case of death of or injuries to passenger,
    common carriers are presumed to have been at fault for
    negligence until they proved they carried/execute utmost
    diligence.

    When should Common Carrier Commence to Observe


    Extraordinary Diligence
    For Goods, liability continues to be operative even during
    the goods are stored in a warehouse of the carrier at the place
    of destination, until the consignee has been advised of the
    arrival of the goods and has had reasonable opportunity
    thereafter to remove them or otherwise dispose of them.
    For Passengers, by stepping or standing on the platform of
    the bus, it is already considered a passenger and is entitled all
    the rights and protection pertaining to such a contractual
    relation.
    When does the Contract Cease?
    - It does not cease the moment the passenger get off
    the bus but continues until the passenger has had a
    reasonable time or reasonable opportunity to leave
    the carrier’s premises.
    Fortuitous Events may exempt the Common Carrier from
    the liability

    You might also like