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COMMON CARRIER Atty. Vivencio F.

Abaño (with notes)

(ART. 1766) (ART. 1733) (ART. 1735) ART. 1734 ARTS. 1739-1743 (ARTS. 1744 – 1752)
Governing laws: EXTRA ORDINARY LOSS, DETORIORATION DEFENSES CONDITIONS TO STIPULATION LIMITING
1. New Civil Code DILIGENCE/ OR DESTRUCTION EXEMPTING OR AVAIL OF LIABILITY
2. Code of Commerce RESPONSIBILITY MITIGATING DEFENSES
3. Special Laws LIABILITY 1. Requisites
1. To transport with greatest skill PRESUMPTION OF a. In writing
(ART. 1732) and utmost foresight NEGLIGENCE 1. Natural disaster - 1 a) proximate and
COMMON CARRIER like flood, storm, only cause b. With valuable
Persons, corporations, firms, or 2. Utmost vigilance of very 1. Act not conclusive but earthquake, b) exercise of consideration other than
associations cautious person, according to disputable presumption lightning diligence prevent the services of the
all circumstances or minimize loss common carrier
1. Engaged in the business of 2. May be overcome by
carrying or transporting 3. If there’s an accident there is a contrary evidence of c. Reasonable, just and not
goods or passengers or both presumption that common defenses. 2. Act of public contrary to public policy
a. Whether to the general carrier is at fault enemy in war, - 2. Same as no. 1
population whether (above) 2. Void stipulation:
b. Or narrow segment of (ARTS. 1736 – 1738) (ART. 1753) international or a. Unreasonable
general population DURATION OF civil b. Unjust
EXTRAORDINARY Law of the country of destination c. Contrary to public
2. Offers its services to the RESPONSIBILITY shall govern liability of common 3. Act or omission of - 3 a) if proximate policy
public carrier for loss, destruction or owner or shipper cause, exempting,
a. Whether as principal or 1. From time goods are deterioration of goods. goods b) contributory 3. Valid Stipulation
ancillary business unconditionally placed in negligence, a. Limited to value of
b. Whether on possession of and received by DISPUTABLE mitigating goods appearing in
regular/scheduled basis common carrier for transport PRESUMPTION – NOT bill of lading
or until actual or constructive CONCLUSIVE: b. Fixed sum that is
occasional/unscheduled delivery to consignee or person 4. Character of goods - 4. Exercise of due reasonable and just
basis with right to receive. • Presumption of negligence: or defect in the diligence to and agreed upon
Jurisprudence says: it starts as must prove that the carrier packing or forestall or prevent c. Delay due to steike
3. For Compensation or fixed soon as the taxi/bus starts to slow is a Common Carrier container loss. or riot
price or rate down when you flag them. • Burden of Common Carrier
to prove that it was extra 5. Order or act - 5. With power to 4. Factors to be considered
4. Control of operation/cargo 2. Even when goods are ordinary diligent competent public issue the order a. Refusal to carry
(jurisprudence) temporarily unloaded or stored • Private carrier – plaintiff authority goods unless
in transit, unless shipper used must prove the negligence stipulation limiting
right of stoppage in transit liability is signed
by shipper
3. Even during time of storage at b. Delay or deviation
warehouse of common carrier c. Lack or presence of
at place of destination, until competition
consignee is advised of goods’
arrival and has had
opportunity to remove or
dispose of them.

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TRANSPORTATION OF PASSENGERS Atty. Vivencio F. Abaño

ARTS. 1733, 1755 JURISPRUDENCE ART. 1756 (ARTS. 1757, 1758) (ARTS. 1761, 1762) (DEFENSES)

EXTRAORDINARY A. Commencement LOSS, DETORIORATION LIMITATION OF DUTY OF PASSENGERS 1. Exercise of extraordinary


DILIGENCE OR DESTRUCTION LIABILITY diligence by common
1. Liberal view – 1. To observe ordinary carrier.
1. To carry passengers safely When a person offers to be 1. Liability cannot be diligence to avoid injury to
as far as human care and transported, placing himself in PRESUMPTION OF dispensed or lessened by himself 2. Negligent act of the
foresight can provide the care and control of the NEGLIGENCE posting of notices, passenger is the proximate
2. Using utmost diligence of a common carrier who accepts statements on tickets or 2. Contributory negligence cause of death or injury
very cautious person him as such passenger Disputable and may be otherwise. does not bar recovery of
3. With due regard for all the overcome by proof of exercise damages but reduces the 3. Employees could not have
circumstances. 2. Strict view – of extraordinary diligence. 2. In gratuitous carriage amount thereof prevented by ordinary
There is actual boarding or stipulation to limit liability diligence the willful act or
NO INSURER OF placing of a part of the (ARTS. 1759, 1760) may be valid, but not for (ART. 1763) negligence of other
ABSOLUTE SAFETY passenger’s body in the willful act or gross passengers or stranger
vehicle NON-EXEMPTIONG OR negligence ACTS OF CO- which caused injury or
The common carrier is not NON-LIMITING PASSENGERS OR death
required to exercise all the B. Termination 3. Reduced fare does not STRANGERS
care, skill or diligence the 1. Common carrier is liable justify limiting liability 4. Liability is mitigated by the
human mind can conceive nor When the passenger alights to negligence or willful 1. Common carrier is contributory negligence of
free the passenger from all from the vehicle at the place of act of employee, even if responsible in case of death passenger or his failure to
possible risks. destination and has reasonable done beyond scope of or injury on account of obserbe ordinary diligence
opportunity to leave the authority or in violation willful act or negligence of to avoid injury
PASSENGER common carrier’s premises of orders other passengers or
strangers 5. Stipulation to limit liability
One who travels in a public 2. Liability does not cease in gratuitous carriage, if no
conveyance by virtue of an with exercise of ordinary 2. If employees could have willful act or gross
express or implied contract diligence by common stopped or prevented the negligence by common
with the common carrier, carrier act or omission by exercise carrier.
paying fare or what is the of ordinary diligence
equivalent thereof. 3. Liability is not eliminated
or limited by stipulation,
posting of notices,
statements on the tickets

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RECOVERABLE DAMAGES Atty. Vivencio F. Abaño (with notes)
ACTUAL MORAL NOMINAL TEMPERATE LIQUIDATED EXEMPLARY

Compensation for pecuniary Compensation physical Awarded for the vindication Award is more than nominal Damages agreed upon in a Imposed by way of example
loss suffered (2219) suffering, mental anguish, or recognition of a right but less than actual damages contract in case of breach or correction for the common
fright, serious anxiety, etc., which has been invaded or thereof (2226) good (art. 2229).
Kinds: which are the proximate result violated (2221) Actual > temperate > nominal
1. 2200 of the wrongful act or Amount stipulated shall be When recoverable:
a. Actual loss omission. Grounds for recovery: When recoverable: equitably reduced if
b. Unrealized profit (Arts. 2217, 2219) iniquitous/unconscionable 1. There must be actual,
1. Breach of legal duty or 1. When pecuniary loss was moral temperate, or
2. 2205 invasion of legal right, suffered but the amount Example: liquidated damages
a. Impairment of Grounds for award: even if no actual damages thereof cannot from the
earning capacity resulted or none is shown. very nature thereof be 1. Valid stipulation on 2. Crime is attended by
b. Injury to business 1. In breach of contract of proved with certainty. limited amount of aggravating
standing or carriage there must be 2. NO actual, moral, liability circumstance
commercial credit fraud, bad faith, or death temperate damages 2. When the amount can be 2. Stipulated
(2220, jurisprudence) awarded. proved but the plaintiff indemnity in case of
3. 2206 failed to present delay. 3. Gross negligence in
a. Fixed indemnity 2. In case of death, heirs evidence, nominal commission of quasi-
Php 50,000 for death entitled to moral damages. Nominal < Temperate < Actual damages is awarded When recoverable: delict
(even brain dead) (jurisprudence)
b. Loss of earning 3. Only injured passenger 1. Proof of existence of 4. Contract [of carriage] is
capacity formula: entitled to moral damages contract violated in wanton,
2/3 (80-age of death) due to his injury Notes: fraudulent, reckless,
x gross income (jurisprudence) • Cannot be awarded with 2. Proof of breach of aggressive, or malevolent
+2 Actual damages contract, or delay in manner.
Factors to determine compliance or
4. 2208-2213 amount: fulfillment When not recoverable:
a. Atty’s fees
b. Interest 1. Social, political, official Notes: 1. There’s good faith
and financial standing of Previously agreed upon
When recoverable: passenger (jurisprudence) 2. Employer is not
1. Proof of loss, injury or subsidiarily liable unless
impairment 2. Degree/extent of mental he participated in or
2. Proof of actual amount anguish (jurisprudence). abetted the crime
thereof with reasonable
degree of certainty 3. Sentimental value of Notes:
premised upon competent property (2218) • Cannot stand alone
proof • Usually awarded. w/ moral
damages
Notes: Notes:
• Need to prove! • Not a matter of right
• Documents to support • There must be proof of bad
(follow the rules of faith
evidence) Jurisprudence:
statement of accounts in
hospital is enough