RESEARCH

ON

TRANSPORTATION LAW

MELGEN JAMITO SARRA

Atty. Soriano

Liceo de Cagayan University

Law School
 OBLIGATION OF THE PARTIES IN A CONTRACT OF CARRIAGE OF GOODS AND PASSENGERS

OBLIGATION OF THE COMMON CARRIER AS TO THE GOODS

General Obligations Exceptions Case

1. Duty to accept goods for transport. 1. Hazardous and Dangerous F.C. FISHER vs YANGCO
Substances, STEAMSHIP COMPANY1
2. Unfit for transportation,
3. Result in overloading,
3. Contrabands or Illegal goods,
4. Injurious to health,
5. Exposure to untoward danger like
flood, or capture by the enemies
6. Strike, and
7. Failure to tender goods on time.

2. Duty to make timely delivery of the goods. Stoppage in Transitu. ANICETO G. SALUDO vs.
HON. COURT OF APPEALS,
TRANS WORLD AIRLINES,
INC2

3. Duty to deliver it in the place of delivery.

4. Duty to deliver it to the consignee or any person to

whom the bill of lading was validly transferred or
negotiated.
5. Duty to exercise extraordinary diligence. Parties may stipulate limitations of
liability, a degree less than
extraordinary diligence
6. Duty to 3rd person's property3.

1
G.R. No. L-8095 March 31, 1915
2
G.R. No. 95536 March 23, 1992
3
Kapalaran Bus Lines v. Coronado, GR No. 85331, Aug. 25, 1989
 OBLIGATION OF THE COMMON CARRIER AS TO ITS PASSENGERS

General Obligations Exceptions Cases

1. Duty to accept passenger for transport

2. Duty to special classes of passengers

3. Duty bound to transport the passenger with

reasonable dispatch

4. Duty to exercise extraordinary diligence

5. Duty to 3rd persons4

OBLIGATION OF THE PARTIES IN A CONTRACT OF CARRIAGE: PASSENGER AND SHIPPER

Shipper
1 Duty to exercise due diligence
2 Duty to disclose
3 Duty for the payment of freight
4 Duty for a timely loading and unloading
5 Duty to secure permits
6 Duty to load and count

A General Passenger
1 Duty to exercise due diligence
2 Duty to secure permits
3 Duty to pay the proper fare
4 Duty to present oneself to the proper place
5 Duty to present oneself at the proper time
6 Duty not to bring such luggage that is in excess of the weight and size prescribed by regulations or contract.
7 Duty not to transport prohibited materials or goods, including animals.
8 Duty to secure travel documents

4
Kapalaran Bus Lines v. Coronado, GR No. 85331, Aug. 25, 1989
 DUTY TO EXERCISE EXTRAORDINARY DILIGENCE OF A COMMON CARRIER IN GENERAL
The required to know and follow the required precaution for avoiding damage to or destruction of the goods
entrusted to it for safe carriage and delivery.
To render service with the greatest skill and foresight and to use all the reasonable means to ascertain the
nature and characteristics of goods tendered for shipment, and to exercise due care in the handling and stowage,
including such methods as their nature requires.

To provides safety to its passengers so obligates it not only during the course of the trip but for so long as the
passenger are within its premises and where they ought to be in pursuance to the contract of carriage 5.

DUTY TO EXERCISE EXTRAORDINARY DILIGENCE OF A COMMON CARRIER, TRAINS

Upon alighting the train
Walks along the station flatform
Retrieving his baggage
In the proper place and proper manner to be transported
Inside the station, ticket office, waiting room or inside the coach

DUTY TO EXERCISE EXTRAORDINARY DILIGENCE OF A COMMON CARRIER, PASSENGERS, BUS, AND MOTOR VEHICLES
At the carrier’s premises
Retrieving his baggage
Inside the vehicle
Will not terminate, until passenger safely alighted from the carrier’s conveyance or had a reasonable opportunity
to leave the carrier’s premises6.

DUTY TO EXERCISE EXTRAORDINARY DILIGENCE OF A COMMON CARRIER, BY SEA

As soon as a person with bona fide intention of taking passage places himself in the care of the carrier or its
employees and accepted as passenger.

5
VDA. DE NUECA v. MANILA RAILROAD CO. Gr. 31731, Jan. 30, 1968

6
Dangwa v CA, 202 SCRA 575