Académique Documents
Professionnel Documents
Culture Documents
COURSE SYLLABUS
Parties
2. Common Carrier - one that holds itself out as ready to engage in the transportation of
goods for hire as a public employment and not as a casual occupation.
(De Guzman v. CA, G.R. No. L-47822, 22 December 1988)
Shipper is the person who delivers the goods to the carrier for transportation. He is the
person who pays the consideration or on whose behalf payment is made.
Consignee is the person to whom the goods are to be delivered.
May be the shipper himself where the goods will be delivered to one of the branch offices
of the shipper, or
May be a third person who is not actually a party to the contract.
Carrier
3. Perfection
3.1 aircraft
3.2 Buses, Jeepneys, and Street cars
3.3 Trains
Laws and Jurisprudence:
a. British Airways v. CA February 9, 1993, 218 SCRA 699
b. Mauro Ganzon v. CA No. L-48757, May 30, 1988
c. Korean Airlines Co. ltd v. CA August 3, 1994 234 SCRA 717
d. Dangwa Transportation Co., Inc. v CA October 7, 1991, 202 SCRA 574
4. Common carrier
4.1 Public service
Laws and Jurisprudence:
a. Article 1732 of the New Civil Code
b. Commonwealth Act No. 146 section 13 par. b as amended
Link:
http://www.upecon.org.ph/epdp/wp-content/uploads/2016/01/1936-11-7
-960_CA-146-Public-Service-Commission-Act.pdf
c. De guzman v. CA No. L-47822 December 22, 1988 166 SCRA 612
5. Test:
6. Characteristics
6.1 Broader concept
6.2 Ancillary business
6.3 Limited clientele
6.4 Means of transportation
Laws and Jurisprudence:
a. Article 1732 of the New Civil Code
b. National Steel Corporation v. CA
c. Asia Lighterage and Shipping, Inc. v. CA, G.R. No. 147246, August 19.
2003
d. Fabre, Jr. v. CA, No. 111127, july 26, 1996, 259 SCRA 426
e. Phil. American general insurance Company v. PKS Shipping Co. April 9,
2003
f. Virgines Calvo v. UCPB General Insurance Co., G.R. No. 148496, March
19, 2002
g. Caltex(phil) v. Sulpicio Lines, 315 SCRA 709, 1999 case
h. Loadstar Shipping Co. v. Pioneer Asia Insurance G.R No. 157481 January
2006
i. Home Assurance Corp., G.R. No. 150403, Jan. 25 2007.
j. Planters v. CA G.R. No. 101503, September 15, 1993 226 SCRA 476
k. A.F Sanchez Brokerage Inc. v. CA, G.R. No. 147079, December 21, 2004
4. Passengers baggages
4.1 Define baggage
4.2 Checked-in-Baggage
4.3 Hand Carried baggage
(Philippine Airlines Inc. vs. Court of Appeals, G.R. No. 119706, March
14, 1996)
(British Airways vs. Court of Appeals, G.R. No. 121824, January 29,
1998)
(Philippine Airlines Inc. vs. Hon. Adriano Savillo, et. al., G.R. No.
149547, July 4, 2008)
(Philippine Airlines Inc. vs. Hon. Adriano Savillo, et. al., G.R. No.
149547, July 4, 2008)
4.1 Concepts
4.2 Definition
4.3 Kind of Bill of lading
4.4 Nature of Bill of lading
4.5 When effective
4.6 Bill of lading as Contract
Parties
Contract of adhesion
Parol evidence rule
Bill of lading as evidence
Bill of lading as actionable document
Shipment terms
PART 7 VESSELS
8.1 Definition
8.2 Different kinds of charter parties
Bareboat charter
Contract of affreightment
8.3 Effect of charter on character of carrier
8.4 Persons who may make charter
Charterer
Part owners
Ship agents
Captain or master
8.5 Requisites of a valid charter party
8.6 Freight
8.7 Port of unloading
8.8 Demurrage