TRANSPORATION LAW FINALS on its part in overseeing the unloading of

REVIEWER such heavy equipment.

DEFENSES OF A COMMON CARRIER IN Character of the Goods or Defects in the

THE CARRIAGE OF GOODS Packaging

1. Caso fortuito/force majeure  Even if the damage should be caused

2. Acts of Public Enemy by the inherent defect/character of the
3. Negligence of the shipper/owner goods, the common carrier must
4. Character of the goods or defects in exercise due diligence to forestall or
the packaging or in the container lessen the loss.
5. Order or act of public authority
6. Exercise of extraordinary diligence Order of Act of Public Authority

Caso Fortuito/Force Majeure  Said public authority must have the

power to issue the order
Limitations:
Defense is not available if:
1. The natural disaster must be the
proximate and only cause of the loss; 1. The public authority has no authority to
2. The common carrier must exercise issue the subject order; or
due diligence to prevent or minimize 2. Public authority exceeded his authority
the loss before, during or after the
occurrence of the disaster; and Exercise of Extraordinary Diligence
3. The common carrier has not
negligently incurred delay in  If the cause of destruction, loss or
transporting the goods. deterioration is other than the
enumerated circumstances, then the
Acts of Public Enemy carrier is liable therefor, such as if
there is no adequate explanation given
Note: Pirates are considered as public as to how the deterioration, loss, or the
enemy. This stands as an exception because destruction of the goods happened
they are considered as enemies of all and having failed to rebut the prima
civilized nations and indeed of human race, facie presumption of negligence.
and consequently their depredations on
common carrier will excuse the carrier from OBLIGATIONS OF A COMMON CARRIER
liability. IN THE CARRIAGE OF PASSENGERS

Negligence of the Shipper or Owner Duty to Observe Utmost Diligence to

Passengers
1. When it is the sole proximate cause:
absolute defense; and  A common carrier is bound to carry the
2. When merely contributory: partial passengers safely as far as human
defense care and foresight can provide, using
the utmost diligence of very cautious
Example: When the respondent did furnish persons, with due regard for all the
the petitioner with an inaccurate weight of the circumstances.
payloader, the common carrier is nonetheless
liable for the damage caused to the Continuing Offer Rule
machinery which could have been avoided by
the exercise of reasonable skill and attention
  The carrier has the duty to stop their when a passenger is carried
conveyances for a reasonable length gratuitously, a stipulation limiting the
of time in order to afford passengers common carrier’s liability for
an opportunity to board and enter, and negligence is valid, but not for willful
they are liable for injuries suffered by acts or gross negligence.
boarding passengers resulting from
the sudden starting up or jerking of Baggage Duty
their conveyances.
General rule: Carrier may only inquire on the
Duration of Liability nature of the passenger’s baggage but not
search or inspect its contents.
 The duty exists from the moment the
person who purchased the ticket or Exception: Airline companies are required to
token presents himself at the proper inspect each and every cargo brought into the
place and in a proper manner to be aircraft.
transported, having the bona fide
intention to use the facilities of the Kinds of Baggage
carrier.
1. Checked-in – those that are delivered
The duty continues until the passenger to the carrier; EXTRA
has, after reaching his destination, 2. Hand-carried – those that are in the
safely alighted from the carrier’s custody of the passenger; ORDINARY
conveyance or has had a reasonable
opportunity to leave the carrier’s Requisites for a Common Carrier’s
premises and to look after his baggage Liability for Hand-Carried Baggage or
and prepare for his departure. necessary Deposit (NP)

The duty of the common carrier to 1. Notice was given to the common
provide safely to its passengers so carrier, or to the employees, of the
obligates it not only during the course baggage by the passengers; and
of the trip, but for so long as the 2. Passenger took the precautions which
passengers are within its premises and the common carrier advised to the
where they ought to be in pursuance to care and vigilance of their baggage.
the contract of carriage.
Limit of Liability in International Air
Transportation
In case of International Air Carriers, it is
liable for passenger’s injury: Passengers:

1. If the passenger is on board an General Rule: 128,821SDRs per passenger

aircraft;
2. In the course of any of the operations Exception: By special contract, the carrier
of embarking; and the passenger may agree to a higher
3. In the course of disembarking; and limit of liability
4. When there was or because of delay
Checked-in Baggage or cargo:
Gratuitous or Reduced Fee
General rule: 1,288SDRs per baggage
 A passenger being carried gratuitously
or under a reduced fare is still Exception: In case of special declaration of
considered a passenger. However, value and payment of a supplementary by
sum by the consignor, the carrier is liable to
pay not more than the declared sum unless it  The right to damages shall be
proves the sum is greater than the actual extinguished if the action is not
value to the consignor at delivery. brought within 2 years from:
a. Date on which the carriage
Cargo loss, damage, or delay stopped;
b. Date of Expected Arrival; or
General rule – 22SDRs/kg c. Date or Arrival at the destination

Exception: In case of special declaration of Courts Having Jurisdiction in Actions for

value and payment of a supplementary by Damages:
sum by the consignor, the carrier is liable to
pay not more than the declared sum unless it a. The court where the carrier is
proves the sum is greater than the actual domiciled;
value to the consignor at delivery. b. The court where the carrier has an
establishment by which the contract
Note: has been made; or
c. The court of the place of destination.
 An agreement relieving the carrier
from liability or fixing lower limit is null DEFENSES OF A COMMON CARRIER IN
and void. THE CARRIAGE OF PASSENGERS
 The Warsaw Convention denies to the
carrier availment of the provisions  With respect to passengers, the
which exclude or limit his liability if the carrier’s primary defense is the
damage is caused by his willful exercise of extraordinary diligence
conduct or by such default on his part  In case of death of or injuries to
equivalent to willful misconduct, or if passengers, common carriers are
the damage is similarly caused by any presumed to have been at fault or to
agent of the carrier acting within the have acted negligently, unless
scope of his employment. evidence proving observance of
extraordinary diligence has been
ACTION FOR DAMAGES proved.

1. Notice of Claim Diligence in the Selection and Supervision

of Employees
In case of Damage – the person entitled to
make claim must deliver a written complaint General Rule – the liability of common
to the carrier within: carriers does not cease upon proof that they
exercised all the diligence of a good father of
a. Baggage – 7 days from the receipt of a family in the selection and supervision of
baggage. their employees.
b. Cargo – 14 days from the receipt of
goods; Exception – If the source of obligation is
under Art. 2176 or a cause of action based on
In case of delay – 21 days from the date on quasi-delict, the exercise of due care and
which the baggage or cargo have been diligence in the selection and supervision of
placed at his disposal. employees is available as a defense.

Note: The complaint is a condition precedent, It is no defense that the employee acted
without it, no action shall lie against the beyond the scope of his authority because
carrier, save in the case of fraud on his part. the riding public is not expected to inquire
from time to time, before they board the
Prescription of Action carrier, whether or not the driver is acting
within the scope of his authority and Stipulation Limiting/Reducing the
observing the existing rules and regulations Carrier’s Liability
required of him by management..
Goods – a stipulation limiting liability of a
 As between the carrier and the common carrier for the loss, destruction, or
passenger, the former must bear the deterioration of the goods to a degree less
risk or wrongful acts or negligence of than extraordinary diligence is valid, provided:
the carrier’s employees against
passengers, since it, and not the 1. It is in writing signed by both parties;
passenger, has the power to select 2. It is supported by a valuable
and remove them. consideration other than the service
rendered by the common carrier and;
Doctrine of Last Clear Chance 3. It is reasonable, just, and not contrary
to public.
General Rule – states that where both
parties are negligent but the negligent act of Passengers Denied Boarding – the carrier
one is appreciably later than that of the other, is duty bound to accept and board a
or where it is impossible to determine whose passenger with confirmed tickets if the
fault or negligence caused the loss, the one passenger presents himself on time in the
who had the last clear opportunity to avoid airline counter in the airport. There would be
the loss but failed to do so, is chargeable with a breach of contract on the part of the carrier
the loss. if its employees will refuse to accept the
passenger with confirmed tickets.
Exception – It does not apply where a
passenger demands responsibility from the Passengers who are bumped-off: The
carrier to enforce its contractual obligation. It airline company acted in bad faith in
would be inequitable to exempt the negligent insolently bumping petitioners off the flight
driver of the jeepney and its owners on the after they have completed all the pre-
ground that the other driver was likewise departure routine. Bad faith is evident when
guilty of negligence. the ground personnel of the airline company
unjustly and unreasonably refused to board
Carriers are Not Insurers of the Lives of petitioners to the plane which compelled them
Their Passengers to rent a car and take the train to the nearest
airport where they bought new sets of plane
 A common carrier does not give its tickets from another airline that could fly them
consent to become an insurer of any home. Petitioners have every reason to
and all risks to passengers and goods. expect that they would be transported to their
It merely undertakes to perform certain intended destination after they had checked
duties to the public as the law imposes in their luggage and had gone through all the
and holds itself liable for any breach security checks.
thereof.
It is firmly settled that moral damages are
Presumption of Negligence recoverable in suits predicated on breach of a
contract of carriage where it is proved that the
 In case of loss of effects or cargo or carrier was guilty of fraud or bad faith, as in
death or injuries to passengers, the this case.
common carrier is presumed to be at
fault or to have acted negligently
unless he had observed extraordinary
diligence in the vigilance thereof.