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Mercantile Law – Transportation Law Case Digest

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Mercantile Law – Transportation Law Case Digest Mercantile Law – Transportation Law Case Digest DEAN’S CIRCLE 2019 – UST FACULTY OF CIVIL LAW UNIVERSITY OF SANTO TOMAS FACULTY OF CIVIL LAW LIST OF CASES Transportation Law I. Transportation Laws A. Definition of common carrier 1. Carrying of persons or goods or both may be the principal or ancillary activity Pedro De Guzman vs. Court of Appeals, G. R. No. L-47822, December 22, 1988 2. The common carrier need not be the owner ( of the vessel ) used to consummate contract of carriage Cebu Salvage Corporation vs. Philippine Home Assurance Corporation, G.R. No. 150403, January 25, 2007 B. Examples of common carrier 1. Pipeline operator First Philippine Industrial Corporation vs. Court of Appeals, G.R. No. 125948, December 29, 1989 2. Customs broker A.F. Sanchez Brokerage Inc. vs. Court of Appeals, G.R. No. 147079, December 21, 2004 Loadmasters Customs Services, Inc. vs. Glodel Brokerage Corporation, GR No. 179446, January 10, 2011 3. Freight forwarder that contracts delivery of the goods Unsworth Transport International (Phils.) vs. Court of Appeals, G.R. No. 166250, July 26, 2010 4. School bus operator despite limited clientele Spouses Perena vs. Spouses Nicolas, GR No. 157917, August 29, 2012 C. Distinctions between common carrier and private carrier Philippine American General Insurance Company vs. PKS Shipping Company, G.R. No. 149038, April 9, 2003 1 DEAN’S CIRCLE 2019 – UST FACULTY OF CIVIL LAW D. Diligence Required of Common Carriers 1. Extra-ordinary diligence required/ Presumption of fault in case of loss or damage to goods or death or injury to passengers Heirs of Amparo de los Santos vs. Court of Appeals, 186 SCRA 649 (1990) American Home Assurance Company vs. The Court of Appeals, G.R. No. 94149, May 5, 1992 Philippines Airlines, Inc. vs. Court of Appeals, 226 SCRA 423 (1993) Macam vs. Court of Appeals, 313 SCRA 77 (1999) Virgines Calvo doing business under the name and style Transorient Container Terminal Services, Inc. vs. UCPB General Insurance Co., Inc., G.R. No. 148496, March 19, 2002 Vector Shipping Corp. and Francisco Soriano vs. Adelfo B. Macasa 559 SCRA 97 (2008) R Transport Corporation vs. Pante, G.R. No. 162104, September 15, 2009 Nedlloyd Lijnen B.V. Rotterdam and the East Asiatic Co., LTD. vs. Glow Laks Enterprises, LTD., G.R. No. 156330, November 19, 2014 Eastern Shipping Lines, Inc. vs. BPI/MS Insurance Corporation and Mitsui Insurance Co., Ltd., G.R. No. 182864, January 12, 2015 Asian Terminals vs. Simon Enterprises, Inc. GR no. 177116, February 27 2013 ALFREDO MANAY, JR. v. CEBU AIR,INC, G.R. No. 210621, April 04, 2016 GREENSTAR EXPRESS, INC. v. UNIVERSAL ROBINA CORPORATION, G.R. No. 205090, October 17, 2016 Cacho v. Manahan, G.R. No. 203081, [January 17, 2018] FEDERAL EXPRESS CORPORATION v. LUWALHATI R. ANTONINO AND ELIZA BETTINA RICASA ANTONINO, G.R. No. 199455, THIRD DIVISION, June 27, 2018, LEONEN, J KEIHIN-EVERETT FORWARDING CO., INC., v. TOKIO MARINE MALAYAN INSURANCE CO., INC. and SUNFREIGHT FORWARDERS & CUSTOMS BROKERAGE, INC., G.R. No. 212107, SECOND DIVISION, October 28, 2019, REYES, J. JR., J. ANNIE TAN v. GREAT HARVEST ENTERPRISES, INC., G.R. No. 220400, THIRD DIVISION, March 20, 2019, LEONEN, J. E. Liabilities of Common Carriers Ma. Luisa Benedicto vs. Hon. Intermediate Appellate Court, G.R. No. 70876, July 19, 1990 Cogeo Cubao Operators and Drivers Association vs. Court of Appeals, 207 SCRA 243 (1992) Spouses Cesar & Suthira Zalamea vs. Court of Appeals, G.R. No. 104235 November 18, 1993 Philippine Airlines, Inc. vs. Court of Appeals, G.R. No. 119641, May 17, 1996 Philippine Airlines, Inc. vs. Court of Appeals, G.R. No. 120262, July 17, 1997 2 DEAN’S CIRCLE 2019 – UST FACULTY OF CIVIL LAW Carlos Singson vs. Court of Appeals, G.R. No. 119995, November 18, 1997) Loadstar Shipping Co., Inc. vs. Court of Appeals, G.R. No. 131621, September 28, 1999 Equitable Leasing Corporation vs. Lucita Suyom et al., G.R. No. 143360, September 5, 2002 Light Rail Transit Authority & Rodolfo Roman vs. Marjorie Natividad, G.R. No. 145804, February 6, 2003 Singapore Airlines Limited vs. Fernandez, G.R. No. 142305, December 10, 2003 Cathay Pacific Airways, Ltd., vs. Spouses Daniel Vazquez And Maria Luisa Madrigal Vazquez, G.R. No. 150843, March 14, 2003 William Tiu, doing business under the name and style of “D’ Rough Riders” vs. Pedro A. Arriesgado, G.R. No. 138060, September 1, 2004 Philippine Airlines Inc. vs. Court of Appeals, G.R. No. 123238, September 22, 2008 The Heirs of the late Ruben Reinoso, Sr. vs. Court of Appeals, GR No. 116121, July 18, 2011 Heirs of Jose Marcial Ochoa vs. G&S Transport Corporation, G.R. No. 170071, March 9, 2011 as affirmed in the July 16, 2012 decision Loadstar Shipping Company, Inc., and Loadstar International Shipping Co., Inc. vs. Malayan Insurance Co., Inc., G.R. No. 185565, November 26, 2014 Spouses Jesus Fernando and Elizabeth Fernando v. Northwest Airlines, Inc., G.R. No. 212038 and G.R. No. 212043, February 8, 2017 Jose Sanico and Vicente Castro v. Werherlina P. Colipano, G.R. No. 209969, September 27, 2017 SULPICIO LINES, INC. v. NAPOLEON SESANTE, G.R. NO. 172682, July 27, 2016 ALFREDO S. RAMOS v. CHINA SOUTHERN AIRLINES CO. LTD., G.R. No. 213418, September 21, 2016 CATHAY PACIFIC AIRWAYS, LTD. V. SPOUSES ARNULFO, G. R. No. 188283, July 20, 2016 Sulpicio Lines, Inc. v. Karaan, G.R. No. 208590, [October 3, 2018] ASIAN TERMINALS, INC. (ATI) v. PADOSON STAINLESS STEEL CORPORATION, G.R. No. 211876, FIRST DIVISION, June 25, 2018, TIJAM, J. F. Vigilance over Goods 1. Exempting Causes Mauro Ganzon vs. Court of Appeals, G.R. No. L-48757, May 30, 1988 Central Shipping Company, Inc. vs. Insurance Company of North America, G.R. No. 150751, September 20, 2004 Western Shipping Agency, Inc., vs. National Labor Relations Commission, 253 SCRA 405 (1996) Virgines Calvo doing business under the name and style Transorient Container Terminal Services, Inc. vs. UCPB General Insurance Co., Inc., G.R. No. 148496, March 19, 2002 TORRES-MADRID BROKERAGE, INC. v. FEB MITSUI MARINE INSURANCE CO., INC.. G.R. No. 194121, July 11, 2016 3 DEAN’S CIRCLE 2019 – UST FACULTY OF CIVIL LAW TRANSIMEX CO. v. MAFRE ASIAN INSURANCE CORP., G.R. No. 190271, September 14, 2016 a. Requirement of Absence of Negligence Bachelor Express, Incorporated vs. The Honorable Court of Appeals (Sixth Division), G.R. No. 85691, July 31, 1990 Loadstar Shipping Co., Inc., vs. Court of Appeals, G.R. No. 131621, September 28, 1999 Smith Bell Dodwell Shipping Agency Corporation vs. Catalino Borja, G.R. No. 143008, June 10, 2002 b. Absence of Delay Aniceto Saludo, Jr. vs. Hon. Court of Appeals, G.R. No. 95536, March 23, 1992 Philippine Air Lines vs. Florante Miano, G.R. No. 106664, March 8, 1995 c. Due Diligence to Prevent or Lessen the Los Central Shipping Company, Inc. vs. Insurance Company of North America, G.R. No. 150751, September 20, 2004 2. Contributory Negligence 3. Duration of Liability a. Delivery of Goods to Common Carrier Mauro Ganzon vs. Court of Appeals, G.R. No. L-48757, May 30, 1988 Oriental Assurance Corporation v. Manuel Ong, doing business under the business name of Western Pacific Transport Services and/or Asian Terminals, Inc., G.R. No. 189524, October 11, 2017 b. Actual or Constructive Delivery Lu Do & Lu YM Corporation vs. I.V. Binamira, G.R. No. L-9840, April 22, 1957 Compañia Maritima vs. Insurance Company of North America, G.R. No. L-18965, October 30, 1964 Westwind Shipping Corporation vs. UCPB General Insurance Co., G.R. No. 200289, November 25, 2013 3. Stipulation for Limitation of Liability a. Void Stipulations Sweet Lines, Inc. vs. Hon. Bernardo Teves, Presiding Judge, CFI of Misamis Oriental, Branch VII, G.R. No. L-37750, May 19, 1978 4 DEAN’S CIRCLE 2019 – UST FACULTY OF CIVIL LAW b. Limitation of Liability to Fixed Amount c. Limitation of Liability in Absence of Declaration of Greater Value St. Paul Fire & Marine Insurance Co. vs. Macondray & Co, Inc., et al., G.R. No. L- 27796, March 25, 1976 Eastern and Australian Steamship Co., Ltd. vs. Great American Insurance Co., G.R. No. L-37604 October 23, 1981 5. Liability for Baggage of Passengers a. Checked-In Baggage b. Baggage in Possession of Passengers G. Safety of Passengers Victory Liner, Inc. vs. Rosalito Gammad, G.R. No. 159636, November 25, 2004 Philippine National Railways vs. The Honorable Court of Appeals, G.R. No. L-55347, October 4, 1985 1. Duration of Liability a. Waiting for Carrier or Boarding of Carrier Dangwa Transportation Co., Inc. vs. Court of Appeals, G.R. No. 95582, October 7, 1991 b. Arrival at Destination La Mallorca vs. Honorable Court of Appeals, G.R. No. L-20761, July 27, 1966 Aboitiz Shipping Corporation vs. Hon. Court of Appeals, Eleventh Division, G.R. No. 884458, November 6, 1989 1. Liability for Acts of Others a. Employees Antonia Maranan vs. Pascual Perez, et al, G.R. No. L-22272, June 26, 1967 Leopoldo Poblete vs. Donato Fabros, G.R. No. L-29803, September 14, 1979 Sabena Belgian World Airlines vs. Honorable Court of Appeals G.R. No. 82068. March 31, 1989 b. Other Passengers and Strangers Jose Pilapil vs. Hon. Court of Appeals, G.R. No. 52159, December 22, 1989 3. Exempting causes 5 DEAN’S CIRCLE 2019 – UST FACULTY OF CIVIL LAW a. Force majeure Alberta Yobido vs. Court of Appeals, G.R. No. 113003, October 17, 1997 b. When force majeure does not apply Fortune Express, Inc., vs. Court of Appeals, G.R. No. 119756, March 18, 1999 4. Extent of Liability for Damages Philippine Airlines, Inc.
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