Beruflich Dokumente
Kultur Dokumente
Principle: Fairness demands that in measuring a common carrier's duty towards its passengers,
allowance must be given to the reliance that should be reposed on th e sense of responsibility of all
the passengers in regard to their common safety. It is to be presumed that a passenger will not take
with him anything dangerous to the lives and limbs of his co-passengers, not to speak of his own.
Principle: The impossibility of determining the amount of actual damage caused to the goods of
the consignee while they were in the possession of the shipper and the amount of the actual damage
incurred while the goods were in the hands of the petitioner was due to the petitioner's failure to
exercise the degree of diligence required of it.
Principle: Received by the Carrier in apparent good order and condition unless otherwise
indicated hereon, the Container(s) and/or goods hereinafter mentioned to be transported and/or
otherwise forwarded from the Place of Receipt to the intended Place of Delivery upon
upo n and [subject]
to all the terms and conditions appearing on the face and back of this Bill of Lading. If required
by the Carrier this Bill of Lading duly endorsed must be surrendered in exchange for the
Goods of delivery order.
Principle: The bills of lading represent the formal expression of the parties’ rights, duties and
obligations. It is the best evidence of the intention of the parties which is to be deciphered from
the language used in the contract, not from the unil ateral post facto assertions of one of the parties,
or of third parties who are strangers to the contract. Thus, when the terms of an agreement have
been reduced to writing, it is deemed to contain all the terms agreed upon and there can be, between
the parties and their successors in interest, no evidence of such terms other th an the contents of the
written agreement.
Principle: Article 1764. Damages in cases comprised in this Section shall be awarded in
accordance with Title XVIII of this Book, concerning Damages. Article 2206 shall also apply to
the death of a passenger caused by the breach of contract by a common carrier.
Principle: Article 1754 of the Civil Code does not exempt the common carrier from liability in
case of loss, but only highlights the degree of care required of it depending on who has the custody
of the belongings. Hence, the law requires the common carrier to observe the same diligence as
the hotel keepers in case the baggage remains with the passenger; otherwise, extraordinary
diligence must be exercised.41 Furthermore, the liability of the common carrier attaches even if the
loss or damage to the belongings resulted from the acts of the common carrier's employees, the
only exception being where such loss or damages is due to force majeure.
Principle: A brokerage may be considered a common carrier if it also undertakes to deliver the
goods for its customers.
G.R. No. 206468, August 2, 2017
JUDITH D. DARINES and JOYCE D. DARINES vs. EDUARDO QUIÑONES and
ROLANDO QUITAN
Principle: This case is one for breach of contract of carriage (culpa contractual ) where it is
necessary to show the existence of the contract between the parties, and the failure of the common
carrier to transport its passenger safely to his or her destination. An action for breach of contract
differs from quasi-delicts (also referred as culpa aquiliana or culpa extra contractual) as the latter
emanate from the negligence of the tort feasor including such instance where a person is injured
in a vehicular accident by a party other than the carrier where he is a passenger.
Principle: In the Bill of Lading, it was categorically stated that the carrier shall in any event be
discharged from all liability whatsoever in respect of the goods, unless suit is brought in the proper
forum within nine (9) months after delivery of the goods or the date when they should have been
delivered. The same, however, is qualified in that when the said nine-month period is contrary to
any law compulsory applicable, the period prescribed by the said law shall apply.
Principle: The duty of common carriers to observe extraordinary diligence in shipping goods does
not terminate until delivery to the consignee or to the specific person authorized to receive the
shipped goods. Failure to deliver to the person authorized to receive the goods is tantamount to
loss of the goods, thereby engendering the common carrier's liability for loss. Ambiguities in
contracts of carriage, which are contracts of adhesion, must be interpreted against the common
carrier that prepared these contracts.
Principle: M/V Ricky Rey was converted into a private carrier notwithstanding the existence of
the Time Charter Party agreement with Northern Transport since the said agreement was not
limited to the ship only but extends even to the control of its crew. Despite the denomination as
Time Charter by the parties, their agreement undoubtedly reflected that their intention was to enter
into a Bareboat Charter Agreement.
Principle: Common carriers are mandated to internalize or shoulder the costs under the contracts
of carriage. This is so because a contract of carriage is structured in such a way that passengers or
shippers surrender total control over their persons o r goods to common carriers, fully trusting that
the latter will safely and timely deliver them to their destination. In light of this inherently
inequitable dynamics — and the potential harm that might befall passengers o r shippers if common
carriers exercise less than extraordinary diligence — the law is constrained to intervene and impose
sanctions on common carriers for the parties to achieve allocative efficiency.
Principle: Article 1733 of the Civil Code, extraordinary diligence in the vigilance over the goods
it transports according to all the circumstances of each case. In the event that the goods are lost,
destroyed or deteriorated, it is presumed to have been at fault or to have acted negligently, unless
it proves that it observed extraordinary diligence.