Transpo

Chapter 3 and 4 Discussion

Sept 6, 2019 (Friday)

I. Obligations of Shipper / Pass

 Manay, Jr.
- SC: Before the passenger has pay, it is the obligation of the passenger to read the details.
- There should be different standard when it comes to online purchase; because we have to click appropriate
buttons. When you press “ok”, then you accepted the terms and conditions of the carrier.
 Heung-A
- TN: Shipper’s Load & Count – Quantity, Description, Condition)
- Q: Who has the obligations to QDC?
- A: For Quantity, we have containerization. This limits the liability of the carrier. One of the advantages is the
stability of the vessel because the goods are in a container. But if we look at it, it is also a limitation of the
liability of the carrier because who will load the loads the goods in the van? The Shipper. Who will count?
Shipper. Who will lock? Shipper.
- In short, whatever is loaded inside the container van, the carrier has no liability.
- The carrier has no responsibility, unless shipper can prove that an outside element caused the destruction of the
goods inside the container vans. Check: the proximate cause. But, as to number of the units, what governs is the
declaration in the bill of lading.
II. Defenses of Common Carriers (CC)
 1734 – exclusive
- 5 enumerated in the 1734
- In the case of De Guzma, hi-jacking was not one of the defenses under 1734 but it is linked to the extraordinary
diligence and it is linked to a provision in the NCC such that there is a presence of irresistible force, and the likes.
 Omnibus Motion Rule
- All defenses which are not pleaded are considered as waived.
- Transimex Case: storm was the caused; but the carrier only knew of the 1734 defenses so they did not use any
other defenses outside of the enumeration.
 Requisites
- Proximate Cause: 3 requisites of Par (a) of Art. 1734
- What is the importance of proximate cause? It is in the perspective of the common carrier. They need to
establish this to be able to be exempted from liability.
- If the proximate cause is used as a defense, then establish the requisites of each of the circumstances provided
under 1734.
 Fortuitous
- Is it a defense? Yes. Then establish the 4 requisites of fortuitous events.
- Going back to omnibus motion rule, can you use all of these enumerated as defenses in your answer? Yes. So
long as related in the case at bar.
 1759
- The responsibility here is absolute.
- Where there be scenarios that common carriers are not responsible despite the vessel used belonged to them?
- If your driver (you being the operator of the taxi) committed a rape, will you be liable for breach of common
carriage contract? Yes! Because the driver is your employee. What possible defense can you use? Deny that the
driver is your employee.
- This is the sense of the law, 1759. Absolute responsibility of the operators of the taxis.
- The operative fact is the link of employment.
 1763
- The requirement here is due diligence.
- Read: Pilapil; Battung Cases – In Pilapil, there was injury. In Battung, there was death. SC considered the same.
Because in both cases, there are defects in means, methods, negligence and willful acts. In the case of Battung,
there was no need for precaution. Nothing would need the inspection of the passengers and their bags,
- Battung vs Fortune Express – about necessary precaution. EEs of CC have intelligence that the passengers would
be setting fire on the bus and they did not do anything.
 Negligence / Contributory Negligence
- Negligence: must be the sole cause
- What is the implication of CN: It cant exempt, it can only mitigate or reduce. It is a concept against the party
who filed the case.
 Notice of Claim
- Its 24hrs in the article, but in practice, it was longer. The SC decided on the case that plaintiff said there was no
compliance but there was a substantial compliance.
- If you are the plaintiff, you need to allege it. Otherwise, no cause of action. If you have alleged, then prove.
 Prescription
- 10, 6, 4, 2, 1. – contract;without contract; tort;
 Limitation of Liability
- 1749 – a stipulation of limiting the liability of the cc is binding and valid.
- A: Assuming that there is loss/damage of goods of the shippers, the liability of the CC is limited to what is agreed
upon in the contract as this stipulation is valid as provided for by 1749. TN: Once in the trial, and the witness in
the plaintiff stated an amount different from what is agree upon and the defense was not able to object, that is
a waiver.
- 1750
 Desistance
- 4 requisites for a valid waiver. A desistance can be a defense if all these requisites are complied
 Vioalation
- Federal Express: It has no liability because the shipper violated a stipulation that no money must be shipped. But
what was shipped was a check.