Beruflich Dokumente
Kultur Dokumente
TRANSPORTATION ESTABLISHMENTS
LEARNING OBJECTIVES
•Identify the laws affecting the transportation
sector
•Identify the rights of passengers of commercial
transportation
•Explain the relevance of these laws to the
promotion of tourism in the country
CARRIER
•A person or corporation who undertakes to
transport or convey goods or persons from one
place to another, gratuitously or for hire.
CLASSIFICATIONS OF CARRIER
• PRIVATE / SPECIALCARRIER
One which, without making the activity a vocation, or without holding itself or
himself out to the public as ready to act for all who may desire his or its
services, undertakes, by special agreement in a particular instance only, to
transport goods or persons from one place to another either gratuitously or for
hire.
If one engages the services of a private carrier in particular instance then there
is an agreement established (Contract of Private Carriage) as such, the law that
governs them is the ordinary contract under the Civil Code of the Philippines.
CLASSIFICATIONS OF CARRIER
CASE AT POINT
Regine Velasquez-Alcasid is a singer by profession, she owns two
vehicles, one Toyota Altis and the other is For Expedition. One
day, her friend Donna Cruz-Larazabal needs a car to fetch her
husband Yong Larazabal in the airport. Donna asked her friend
Regine to rent her Toyota Altis. Regine agreed provided that
Donna will have the vehicle gas up in full tank.
CLASSIFICATIONS OF CARRIER
•COMMON / PUBLIC CARRIER
> one holding itself out to the public as
engaged in the transportation of freight or
passenger for hire.
> one who is in the business of transporting
goods or persons for hire, as a public utility.
LAW ON COMMON CARRIERS
Art. 1732. Common carriers are persons,
corporations, firms or associations engaged in the
business of carrying or transporting passengers or
goods or both, by land, water, or air, for compensation,
offering their services to the public.
1. Are the above mentioned a
corporation or person?
2. Do they engage in the business
of carrying or transporting
passengers or goods?
3. Do they offer their services to the
public?
4. Is it for compensation?
CLASSIFICATIONS OF CARRIER
•COMMON / PUBLIC CARRIER
> one holding itself out to the public as
engaged in the transportation of freight or
passenger for hire.
> one who is in the business of transporting
goods or persons for hire, as a public utility.
CLASSIFICATIONS OF CARRIER
CASE AT POINT
Morisette Amon is the assistant marketing manager of Ibon Corporation. One of
her tasks is to travel around the metro to meet clients and advertise the company
to different establishments. Satisfied by her performance, the President of the
company gave her a car for personal use. She thought of having a “sideline”.
Thus, she contacted all her friends and proposed that should they need to deliver
the goods to the nuyer, Morisette may be hired to deliver the same at a fixed cost.
Her friends agreed to the proposal. She became successful to her “sideline”
LAW ON COMMON CARRIERS
• Engracio Fabre Jr. and his wife were owners of a 1982 model Mazda mini bus. They
used the bus principally in connection with a bus service for school children which
they operated in Manila. The couple had a driver, Porifrio Cabil whom they hired in
1981. His job was to take school children to and from St. Scholastica’s College in
Malate Manil. On November 2, 1984, the Word for the World Christian Fellowship
(WWCF) arranged with spouses Fabre for the transportation of 33 members of its
Young Adults Ministry from Manila to La Unionand back in consideration of
P3,000.00.
• Art. 1737. The common carrier's duty to observe extraordinary diligence over the
goods remains in full force and effect even when they are temporarily unloaded
or stored in transit, unless the shipper or owner has made use of the right of
stoppage in transitu.
• Art. 1739. In order that the common carrier may be exempted from
responsibility, the natural disaster must have been the proximate and only cause
of the loss. However, the common carrier must exercise due diligence to prevent
or minimize loss before, during and after the occurrence of flood, storm or other
natural disaster in order that the common carrier may be exempted from liability
for the loss, destruction, or deterioration of the goods. The same duty is
incumbent upon the common carrier in case of an act of the public enemy
referred to in Article 1734, No. 2.
RESPONSIBILITIES OF COMMON CARRIERS
(VIGILANCE OVER GOODS)
• Art. 1744. A stipulation between the common carrier and the shipper or
owner limiting the liability of the former for the loss, destruction, or
deterioration of the goods to a degree less than extraordinary diligence shall
be valid, provided it be:
(1) In writing, signed by the shipper or owner;
(2) Supported by a valuable consideration other than the service rendered by
the common carrier; and
(3) Reasonable, just and not contrary to public policy.
RESPONSIBILITIES OF COMMON CARRIERS
(VIGILANCE OVER GOODS)
SHOULD FORTUNE EXPRESS BE HELD LIABLE FOR THE INJURY AND DEATH OF ITS PASSENGERS DUE TO
THE HIJACKING OF THREE ARMED MARANAOS?
LIABILITIES OF COMMON CARRIERS
FOR THE ACTS OF EMPLOYEES AND STRANGERS
• Art. 1759. Common carriers are liable for the death of or injuries to
passengers through the negligence or willful acts of the former's employees,
although such employees may have acted beyond the scope of their authority
or in violation of the orders of the common carriers.
• This liability of the common carriers does not cease upon proof that they
exercised all the diligence of a good father of a family in the selection and
supervision of their employees.
LIABILITIES OF COMMON CARRIERS
FOR THE ACTS OF EMPLOYEES AND STRANGERS
• For a bus company, due diligence in selection of employees is not satisfied by finding
that the applicant possessed a professional driver’s license.
• The employer should also examine the applicant for his qualifications, experience, and
record of service.
• Due diligence in supervision requires the formulation of rules and regulations for the
guidance of employees and issuance of proper instructions as well as actual
implementation and monitoring of consistent compliance with the rules.
• For a shipping company , the vessel must be considered seaworthy, adequately
equipped for the voyage and manned with sufficient number of competent officers and
crew.
LIABILITIES OF COMMON CARRIERS
FOR THE ACTS OF EMPLOYEES AND STRANGERS
• For an airline company, if a flight attendant humiliates a
passenger while on flight, the common carrier who is the
employer of the said flight attendant is liable for the latter’s
act.
• In the same manner, if the driver of a tour bus while on duty
committed robbery against a tourist, the tour bus operator is
liable thereof.
LIABILITIES OF COMMON CARRIERS
FOR THE ACTS OF EMPLOYEES AND STRANGERS
ENFORCEMENT OFLIABILITY OF COMMON CARRIERS
In case of death or injury caused to passengers, the victim may file a case of breach of
contract of carriage or culpa contractual against the owner of the common carrier.
In case of death or injury caused to a stranger or pedestrian, the victim may file a
criminal complaint against the driver of the common carrier for reckless imprudence
resulting in homicide and damage to property. The victim may also file a suit against the
common carrier and its driver on the ground of culpa-aquiliana or quasi-delict
QUASI DELICT, civil law. An act whereby a person, without malice, but by fault, negligence or
imprudence not legally excusable, causes injury to another. .
LIABILITIES OF COMMON CARRIERS
FOR THE ACTS OF EMPLOYEES AND STRANGERS
DAMAGES RECOVERABLE FROM COMMON CARRIERS
In an action based on culpa contractual or culpa aquiliana, the damages that are recoverable are as
follows:
Actual damages – consist in expenses for medicine, hospitalization, etc.
Unrealized profits – compensatory damages which shall be fixed by determining the net yearly
income of the injured or deceased passenger and multiplying the same by the number of years that
he was expected to live or lead a gainful existence as determined by mortality tables of life
insurance companies of the Philippines.
Moral Damages – may be awarded when the mishap resulted in the death of a passenger, or when
the heirs of the deceased suffered mental anguish, or when the carrier was guilty of fraud, or bad
faith, even if death did not result. The big amount of damages will be awarded in view of the
importance of the person of the passenger.
LIABILITIES OF COMMON CARRIERS
FOR THE ACTS OF EMPLOYEES AND STRANGERS
DAMAGES RECOVERABLE FROM COMMON CARRIERS
In an action based on culpa contractual or culpa aquiliana, the damages that are recoverable are as
follows:
Exemplary Damages – or corrective damages are awarded by way of example or correction of the
public good , or when the common carrier acted in wanton, reckless and oppressive manner.
Award for death indemnity - in accordance to with the current rulings of the court.
Award for Attorney’s fees - may be recovered when exemplary damages ae awarded. Under Article
2008 of the Civil Code, attorney’s fees may be recovered when exemplary damages are awarded.
In case moral damages – cannot be awarded without proof of the carrier’s bad faith, ill will, malice
or wanton conduct, nominal damages may be allowed under the circumstances.