considered in determining liability in case of injury?
A: Yes. The passenger must observe the diligence
of a good father of a family or ordinary diligence to avoid injury to himself (Art. 1761). This means that if the proximate cause of the passenger’s injury is his negligence, the common carrier is not liable.
Q: Who has the burden of proof in cases of contributory negligence?
A: The common carrier since it will benefit from
such mitigated liability.
Q: May the registered owner of the vehicle be held liable for damages suffered by a third person in the course of the operation of the vehicle?
A: Yes. The registered owner of a public service
vehicle is responsible for damages that may arise from consequences incident to its operation or that may be caused to any of the passengers therein (Gelisan v. Alday, G.R. No. L‐30212, Sept
30, 1987). Also, the liability of the registered
owner of a public service vehicle for damages arising from the tortious acts of the driver is primary, direct, and joint and several or solidary with the driver. (Philtranco Service Enterprises,
Inc. v. CA, G.R. No. 120553)June 17, 1997) IV. BILL OF LADING Q: What is a bill of lading?
A: It is a written acknowledgement of receipt of goods and agreement to transport them to a specific place and to a named person or to his order.
Q: What is the two‐fold character of a bill of lading?
A: A bill of lading operates both as a receipt and as a contract. It is a receipt for the goods shipped and a contract to transport and deliver the same as therein stipulated. As a receipt, it recites the date and place of shipment, describes the goods as to quantity, weight, dimensions, identification marks and condition, quality, and value. As a contract, it names the contracting parties, which include the consignee, fixes the route, destination, and freight rate or charges, and stipulates the rights and obligations assumed by
the parties. (Phoenix Assurance Co., Ltd. v. United States Lines, G.R. No. L‐24033, Feb. 22, 1968) Q: What are the three functions of Bill of Lading? A: 1. It is a receipt for the goods shipped 2. It is a contract by which the three
parties namely the shipper, carrier and consignee undertake specific responsibilities and assume stipulated obligations; and
3. It is a legal evidence of the contract between the shipper and the carrier. As evidence, its contents shall decide all disputes which may arise with regard to their execution and fulfillment.
NOTE: In the absence of a bill of lading, their respective claims may be determined by legal proofs which each of the contracting parties may present in conformity with law. Q: What are the two types of bill of lading? A:
1. Negotiable – If issued to the bearer or to the order of any person named in such bill.
2. Non‐negotiable – If issued to a specific person named in such bill.
Q: What is the period of delivery of goods?
A: If a period has been fixed for the delivery of
the goods, it must be made within such time, and, for failure to do so, the carrier shall pay the indemnity stipulated in the bill of lading, neither the shipper nor the consignee being entitled to anything else (Art. 370, Code of Commerce).
Q: If indemnity is not stipulated, how will it be determined?
A: If no indemnity has been stipulated and the
delay exceeds the time fixed in the bill of lading, the carrier shall be liable for the damages which the delay may have caused. (Art. 370, Code of
Commerce)
Q: What is the duty of the carrier if there is no period of time fixed for the delivery of goods?
A: The carrier shall be under the obligation to
forward them with the first shipment of the same or similar merchandise he may make to the point where he must deliver them, and should he not do so, the damages occasioned by the delay shall be suffered by him. (Art. 358)
Q: Is the surrender of the bill of lading necessary upon delivery of the goods?
A: Yes. If the carrier fails to require such
surrender:
1. If non‐negotiable – Action against the carrier does not lie.
2. If negotiable – Action by the shipper may lie against the carrier
Q: When could a consignee refuse to take delivery of goods?
A:
1. When a part of the goods transported are delivered and the consignee is able to prove that he cannot make use of the part without the others; (Art. 365) 2. If the goods are damaged and such
damage renders the goods useless for the particular purpose for which there are to be used; (Art. 365)
3. When there is delay on account of the fault of the carrier; (Art. 371) or 4. If the cargo consists of liquids and they
have leaked out, nothing remaining in the containers but one‐fourth (¼) of their contents, on account of inherent defect of cargo. (Art. 687)
Note: In all cases, the shipper may exercise the right of abandonment by notifying the carrier. Ownership over damaged goods passes to the carrier and carrier must pay shipper the market value of the goods at point of destination.
Q: What is the period for filling claims?
A:
1. Immediately after delivery – if the damage is apparent; or
2. Within 24 hours from delivery – If the damage is not apparent. (Art. 366, Code of Commerce)
Q: When does Article 366 of the Code of Commerce apply?
A: It applies in case of domestic transportation
(inter‐island) where there is damage to the goods transported.
Q: What are the requisites before claim for damages under Art. 366 may be demanded?
A:
1. Consignment of goods through a common carrier, by a consignor in one place to a consignee in another place; and
2. The delivery of the merchandise by the carrier to the consignee at the place of destination (New Zealand Ins. Co., Ltd.
v. Choa Joy, G.R. No. L‐7311, Sept. 30, 1955).
Q: What is the effect of paying the transportation charges in the filing of an action on account of damages to goods? A: 1. If paid before checking the goods – The right to file a claim is not waived.
2. If paid after the goods were checked – The right to file a claim is already waived (Southern Lines, Inc. v. CA, G.R.
No. L‐16629, Jan. 31, 1962).
Note: The filing of claim is a condition precedent for recovery of damages.
Q: What is the doctrine of Combined or Connecting Services?
A: The carrier which delivered the goods to the
consignee shall assume the obligations, rights and actions of those who preceded him in the conveyance of the goods.
The shipper or consignee should proceed against the one who executed the contract or against the others who received the goods without reservation. But even if there is reservation, they are not exempted from liabilities that they may have incurred by reason of their own acts (Art.
373, Code of Commerce).
The carrier may then file a third‐party complaint against the one who is really responsible. The carrier is an indispensible party. But the shipper or consignee may sue all of them as alternative defendants.
Q: What is the period for filing actions?
A: It shall prescribe eight days after the delivery
has been made, and once prescribed, the carrier shall have no other action than that corresponding to him as an ordinary creditor (Art. 375, Code of Commerce).