*Jon Jamora (transpo notes)* Transportation (Crisostomo v CA) Contract of carriage/Transportation - persons/ assoc of persons obligate themselves to transport

persons/things/news from one place to another at a fixed price - common carrier 173 Kinds of Transportation Parties to a Contract of Trans 1! Carriage of passengers - common carrier - passenger" one who travels in a p#blic conve$ance b$ virt#e of contract% &/'% w/ pa$ement of fare to the carrier ! Carriage of (oods - carrier - shipper" person deliv goods to carrier for trans" pa$s consideration - consignee" to whom goods delivered" can be the shipper at some instances/can be a 3rd person not part of contract Conductor - one who binds himself to transport persons/things/news" engaged in the b#siness of carr$ing goods for hire Carriers (in general" )rvate/Common) persons or corps who transport goods% grat#ito#sl$ or for hire" can either be common or private carriers Freight - compensation paid to the carrier for transporting goods - goods trans b$ b$ */+/A Governing Laws ,verland Transportation - CivCode 173 -- 17..

Code of Commerce" 3/0--/71

Coastwise 2hipping - Civ Code - Code of Com Co(s foreign -- )hil ports - Civ Code - Code of Comm - Co(2A - 2alvage *aw Co(2 )hil -- 3oreign )orts - 17/3 Air Transportation - Civ Code - Code of Comm - 'nternational Carr" +arsaw Alitalia v 'AC - 4) assoc prof" spea5er in 46 sponsored meeting" sci papers in l#ggage" arrival" l#ggage dela$ed" did not partici in conference - Alitalia7s defense" liable onl$ for the en#meration in +arsaw - +arsaw" application" not an excl#sive en#meration of airline7s liabilit$ (or even a limit to the extent of the liabilit$)" 8oes not excl#de liabilit$ for other breaches of contract - 'f there is 93/wilf#ll miscond#ct" carrier cant avail of +arsaw7s limitation Common Carriers & Private Carriers Common Carriers - 1732 - P ! 173 CCs are )/C/3 or As &ngaged in the b#siness of trans ) or (s or both 9$ */+ or A 3or compensation% offering their services to the p#blic

Common Carriers vs Private Carriers" Charter Parties :ome 'ns#rance v American 2teamship - cargo" ins#red b$ :ome ins#rance" carrier am steamship" discharged to the stevedores" when consignee rcvd" shortages - Am 2tmships defense" stip#lations of charter part$" charterer not shipper responsible for loss or damage - Common carrier becoming private" undertaking special cargo/chartered to special person; - private carrier" stip exempting carrier for its agents negli valid - private carrier" non appli of civ code provs on common carriers consignee can be bo#nd b$ 9o* )lanters )rod#cts v CA - ))' bo#ght fert from ;its#" ;its# cont w/ <<<< for trans" time charter part$" ))' consignee" shortage - charter part$" contract where entire vessel or some important part is let b$ the owner to another for a time/#se t$pes" affrieghtment/bareboat - affreightment" #se of shipping space" leased in part or as a whole - demise" whole vessel is let to the charterer" command/possession/control over navigation transferred" incl#ding crew - private carrier" #nderta5ing is a single trans" not of general b#siness" altho#gh C,( for a fee - ordinary diligence; private carrier" b#rden of proof" in case of loss 8/8" the one alleging has b#rden of proving - CA9 -- still common carrier" control #nder shipowner" overcame pres#mption of negli" - Character of goods" highl$ sol#ble" #rea fertili=er" carrier exercised d#e diligence

*ea ;er v ;ala$an - '2; cont w/ *ea ;er" trans silica" leased barge" san5" loss" ;ala$an ins#rance - CA9" cont of affreightment -- still common carrier" - 3&" t$phoon" 94T CA9" not sole ca#se" so m#st prove exod - 3ailed to prove &>,8" not seaworth$ 3abre v CA - schoolb#s" cont w/ ++C exc#rsion" driver deto#r" sharp c#rve" hit steel brace" landed on side" in?#ries - defense" ++C3 responsible for cond#ct of trip - 17/1" in?# to passengers" liabilit$ - ordi dili in selection and s#pervision not a defense" cont of carr - owners" solidar$ liabilit$ w/ driver" for in?#s s#ffered b$ passengers" driver negligent - parties to s#it" passengers v cc" breach of cont" if as to driver @#asidelict - need not be engaged in p#b trans" classified as a common carrier Tests for determining a Common Carrier" Characteristics )hilippine 1st 'nd#strial v CA - oil pipeline" cit$ treas#rer taxed" exemption on taxes *(C (if common carrier) - test if c carrier" engaged in b#siness of carr$ing goods" #nderta5e to carr$ goods -- 5ind" carr$ b$ method cond#cted" m#st be for hire - oil pipeline" common carrier" given b$ petrole#m act 8e (#=man v CA - ?#n5 dealer" ret#rn trip carr$ mil5" one of the tr#c5s hi?ac5ed" loss - 173 " no distinction" ancillar$ /main b#siness" general/narrow segment of pop" sched#led/#nsched#led

Asia *ighterage v CA - wheat" ins#red" t$phoon" barge s#spended" list" refloat" other barges" main barge san5" p#blic a#ction" - asia lighterage defense" not common car" no fixed ro#tes/terminals/tic5ets - 173 no distinctions on ancillar$/reg#lar/to gen p#b - CA9" offers barges for trans" engaged in b#siness of trans 42 v Tan )iaco - rented tr#c5s" carried passengers #nder special contract in each case" not held o#t to all passengers" convicted for vio of )#b 4tilit$ *aw - noteA 2C liberal here" criminal case - p#blic #se" character of #se" if p#blic can en?o$ b$ right or onl$ b$ permission" permission (not of p#blic #se) Crisostomo v CA - services of CTT'" boo5ing -- to#r" abo#t to ta5e flight" departed previo#s da$" ta5e another to#r" demanded reimb#rsement - travel agenc$" not a cc" not in b#siness of trans (s/)s" onl$ tic5ets/permits/boo5ing" - contract#al relation" service of boo5ing/arranging - onl$ a contract for services" degree of diligence" ordinar$ - CA9" not negligent" followed standard proced#re" tic5et indicated exact date/time of depart#re 9ascos v CA - ha#ling contract" Cipriano w/ B2A" Cirpiano s#bcontracted 9ascos" failed to deliver" hi?ac5ed - bascos7 defense" leased tr#c5" not general b#siness - CA9" common carrier" admission in tr#c5ing b#siness" no distinction - 'ns#fficient proof on existence of cont of lease" presented onl$ affis" (control w/ lesseeC)

#egu$ation of CCs" 17%& )antranco v )2C - engaged in transpo of )s" motor vehicles" applied for C)C6 for addtnl b#ses" )2C gave conditions" )antranco challenged )2C a#thorit$ to prescribe conditions - valid delegation of powers" - b#siness of carrier" #se" where p#blic has an interest" right of state to reg#late p#b #tilities 3ores v ;iranda - prof of 3ine arts passenger" ?eep operated b$ 2ac5erman" regd in name of 3ores" descending bridge" excessive speed" lost control" bridge wall" in?#ries - approval of )2C needed" sale D a#thorit$ to operate" if no approval" transfer not binding as to p#blic" '(od" vigi$ance over goods" 1733)17&&" 17%* Limits of dut+ of e(od" armed ro,,er+ 8e (#=man v CA - 173E" liabilit$ for *88" #nless exempted ca#se - 173/" pres#med at fa#lt" (ca#se not one of 173E)" reb#t pres#mption (prove exercise of exod) - 17E/" cant limit diligence for thieves/robbers" #nless w/ grave and irresistible threat - ccs" not absol#te ins#rers for all ris5s of travel/trans of goods" as long as prove exod - CA9" information on robber$ filed" w/ fire arms" 5idnapped driver 9ascos v CA - CA9" affidavits ins#fficient in proving grave and irresistible threat" did not dwell on hi?ac5ing" not a first hand acco#nt

Prima facie case against carrier" ,urden of proof Fncha#sti v 8exter - gov via p#rchasing agent" mineral oil" carrier Fncha#sti" arrived w/ one case missing per shipment - (loss thr# ca#ses #n5nown" carrier m#st prove that it was thr# accident or some other circ#mstance) - no explanation G cc liable - rcpt in good order-- arrival in bad order H prima facie case ;irasol v 8ollar - boo5s" shipped" arrival in bad order" 9o* not liable for 3; perils of the sea - admitted that goods were damaged in its possession" 9o) on (8) to prove that it was ca#sed b$ some fact that exempts it from liabilit$ - rcvd in good condidtion" admitted goods dmgd" how it was damaged and when" matter w/ in carriers 5nowledge" #nreasonable to ma5e owner prove it - boxes damaged" b#rden of proof on carrier" in better position to 5now since in his cont/possession 173* -1." /at 0isaster" 173& F1 Asia *ighterage v CA - T$phoon" h#man intervention" negligence - Failed to exercise exod - even before towing bits broke, it sustained holes in docking - patched only w/ clay - despite K of Typhoon, proceeded to consignees wharf - typhoon not proximate cause Tanchiong v 'ncha#sti - shipment of gen merchandise" agreed to a transshipment" lorcha" strong winds" driven ashore" goods scattered" gathered" sold )A" -

the !" is not liable as it was not negligent and the cause of the loss was entirely due to a fortuitous event there was no notice of the storm that was to come in the port of #ubat the loss and damage was due to the wreck and heavy storm !" had a natural interest in preserving the lorcha for it had its own goods on it$ The !"s agents and the patron master of the lorcha" did the measures necessary to save the lorcha clearing the boat of gear resisting the wind; procuring an extra anchor" !"s agent took all measures to salvage the goods w/ knowledge of the shipper the lorcha had no means of changing anchorage$ %herever it went it would be exposed to the waves of the hurricane$ no liabilit$ when loss d#e to 3& D carrier not negligent t$phoon (3&)% m#st be onl$ and proxi ca#se 3&" exercise of exod" before d#ring and after After incident" after wrec5% agent too5 meas#res to salvage goods w/ * of shipper" s#bse@#entl$ sold to the adv of shipper 8#e diligence in event of 3&" before d#ring and after of nat# disaster

lorcha H no motor" via sail/wind moreland (dissenting) lorcha wo#ld obvio#sl$ lead to the loss ;artini v ;acondra$ - chemical prod#cts" shipment" damaged d#e to seawater" carriage on dec5 - letter of g#arant$" gave carrier choice of carriage on dec5 or #nder dec5" no space #nder dec5 - goods on dec5 D consent of the shipper" bears ris5 of loss - shifting b#rden of proof

still liable if in?# might have been avoided

shifting b#rdens - initial b#rden H prove contract (breach) then carrier m#st prove exercise of exod" if s#ccessf#l % in case of exempted ca#ses -- d#e diligence -- not liab &astern 2hipping *ines v 'AC - pipes/fabrics/s#rve$ing instr#s" fire" total loss - 3ire (not nat disaster)" 3&" h#man means" carrier did not prove diligence-liable - fire not of exempting ca#ses" fire #s#all$ man made - cogsa" s#ppletor$ to civ% s#pples code% limiting in absence of declaring a higher val#e - law (civ code/cogsa/warsaw) a#to incorpo in cont of carriage 9ascos/&astern shipping v 'AC - b#rden of proof - for pres#mption of negli to arise" in?# or death/loss (evi) m#st be given - #ltimate facts - loss/in?#r$ -- expenses - relief (damages)" civ/crim" instances when cv cr can be sim#ltaneo#s - prove contr of carriage D evidence - in?# -- hospi records med rcpts - goods -- doc# - (simpl$) contract D breach/damage

Art! 117E provides that no person shall be responsible for those events which co#ld not be foreseen or which tho#gh foreseen were inevitable

*ea ;er v ;ala$an

3&" I of fact" contract of affreightment ()) manned and controlled barge/ bo#nd to exercise exod" t$phoon was far from palawan did not show that it was free from fa#lt" wtiness co#ld not remember if an$thing was done to minimi=e loss 6ot seaworth$" 3& not sole ca#se" no personal inspection" had holes not eno#gh to prove that it was seaworth$ at the time of vo$age (seaworthiness m#st be at time of vo$age)

173* -*." char of goods" 17*2" Code of Comm 3%133%2 (ov v Fncha#sti - brittle tiles" damage

character of goods" if proved" not liable for exercising diligence in handling s#ch (8) proved fa#lt$ nat#re" proved it wasn7t negli" loaded/discharged diligentl$ conditions of 9o*" stamped" binding" stamped before shipment" deemed to have assented

2o#thern *ines v CA - sac5s of rice" shortage

Compania ;aritima v 'ns#rance Co! - hemp" transshipment" oral contract" barge" rcvd in behalf" san5" recondition" - 3&" CA9" storm" no storm reall$" carrier negli" had crac5s 117*" F'" 2 of fact ()ositive evi needed" to prove exercise of exod) -

*iabilit$ for loss (shortage)" carrier had < of improper pac5ing" still accept" not exempted from liabilit$ 2* Admitted" strings bro5en" bags with holes and spilled personnel collected and distrib#ted . sac5s among themselves

173* -&." order3act of competent Pu, !uth (an=on v CA

2craps" captain rcv" ma$or sha5edown" fired at owner" later acting ma$or D 3 police" order to d#mp scraps order of p#blic a#thorit$" m#st establish a#thorit$" if not liable" acting ma$or (not competent) &rder of '(; failed to estab mayors autho; scrap did not belong to mariveles; order of acting mayor not comepetent pub authority; not duty bound to obey dumping; no proof of sufficient intimidation

173. 173L -- arrastre is the agent of c#stoms what exempts carrierC -- element of control

1734" dut+ of arrastre and carrier" ru$es on dmgs &astern shipping *ines v CA - riboflavin" carrier" arrastre" bro5er" consignee" spillages - Carrier" ?ointl$ severall$ liable w/ arrastre" did not prove exercise of exod - Consignee/arrastre" depositor/wareho#seman" safe5eeping/ret#rn" cant deliv to 3rd" #nless express stip" Carrier/arrastre - ,bli to deliv in (ood cond to consignee - solid liable carrier w/ arrastre - carrier not alwa$s liable w/ arrastre solidil$" carrier not liable - carrier sole petitioner (CA H finding of negli on part of petitioner)" evidence on bro5er/arrastre for negli (s#fficient so solidaril$ w/ carrier)" - failed to reb#t pres#mption of negligence - holding of 3 pla$ers liable% not a hard and fast r#le" depends on facts of case (each can be exempted depending on facts) 'nterest" action for damages (not loan)" sho#ld be paid at legal interest (.M)" 1 M applies #pon finalit$ of ?#gd s#mmar$ r#le on damages" obli regardless of so#rce is breached" contravenor liab for dmgs" interest act#al/compensator$" depends of stip#lation (loan/forbearance)" w/o stip -- 1 M per ann#m" interest d#e shall earn legal int from time demanded" obli not consti loan (eg" breach of cont of carriage for passengers/goods) b#t damages -- rate .M per ann#m" discretionar$ (m#st be pra$ed for" specificall$ made)" no int tho on

173%)1734" duration of e(traordinar+ responsi,i$it+" perfection of cont of carr Compania ;aritima v 'ns#rance Co! - control and possession" loaded on a lighter manned b$ carriers ees" - it was loaded" it was recvd b$ patron Jin behalf of bow5notK" free of charge not impair cont of carr - 9o* not re@rd for cont of carr" proof of stips and obligations" no limits as to form" oral contract confirmed b$ written boo5ing 8elsan Transport v American :ome 'ns - diesel oil" discharge" port bow c#t" vessel drifted" severed r#bber nose" spill" storage valve not closed" - still in carrier7s possession since discharge not finished when bac5flow occ#rred" d#t$ to preserve goods - did not prove exempted ca#ses - carrier still had control in discharge !greement to Limit CCs $ia,i$it+ *# 8o v 9inamira - cases of film" carrier" stevedoring" arrastre" signs of pilferage - Control/)ossession" inspection via c#stoms" t#rn over to consignee" carrier loses possession - 9o*" limit liabilit$" not liable for dela$/loss" when not in possession" Carrier not responsible" (when shipment was delivered to c#stoms)

#li@#idated claims #nless established on reasonable certaint$ final exec" 1 M per ann#m from finalit$

17**" 17*&" 17&5" 17&1" stipu$ation $imiting $ia,i$it+ of CC :eacoc5 v ;acondra$ - cloc5s" 9o* stip#lations" failed to deliver - Can a carrier limit its liabilit$ based on agreed val#ations it made in a 9o*C - (t$pe% stip limit liab to agreed val#ation #nless shipper declares a greater val and pa$s higher rate of freight) - cla#ses 1 and 1 valid - $es carrier can limit its liab b#t it shall be strictl$ constr#ed against him - conflict between cla#ses - interpretation" sho#ld be strictl$ constr#ed against the part$ ca#sing it (this case" carrier) - 9o* constr#ction" given b$ carrier" for trans to consignor" strictl$ constr#ed against carrier

,ng Fi# v CA - law$er" hearing" docs in maleta" delivered to hotel" docs missing" not accept" - limitation on liab" CA9 did not declare a higher val#e/pa$ premi#m" stip easil$ readable" m#st have been aware" limitation applies - cont of adhesion" still bo#nd even if not sign" cont of carr" )an Am v 'AC - films for exhibition 42/(#am" promo materials" l#ggage did not arrive" - )angan did not anno#nce prepas" no decal of higher val#e D premi#m" no notice of special circs - *imitation" applies" +arsaw" international carriage Catha$ v CA - passenger" &N) of cement corp" conference" l#ggage lost - +arsaw" does not precl#de other pertinent laws - 6on application of +arsaw" wilf#ll miscond#ct of ees/93" cant avail of limitation" disco#rtes$/ not 5now l#ggage missing #ntil infored b$ c#stoms -- 93 - 2pecial in?#r$" CA9" Factors affecting agreement: 1746, 1747, 1748, 1751, 1752 Applicable Law in Foreign Trade 175! "#les on $assenger %aggage 1754, 1&&8, 2''' to 2''! 1733/17//" nat#re/extent of responsibilit$ 'saac v A* Ammen - b#s collided w/ pic5 #p" severed arm - carrier" exod in avoiding collision" did ever$thing to avoid" swerved to right/gravel" s#dden emergenc$" ordinar$ diligence

1! one exempting the carrier from an$ and all liabilit$ for loss or damage occasioned b$ its own negligence! ! one providing for an #n@#alified limitation of s#ch liabilit$ to an agreed val#ation! 3! one limiting the liabilit$ of the carrier to an agreed val#ation #nless the shipper declares a higher val#e and pa$s a higher rate of freight! 2hewaram v )A* - baggage" mistagged" presented similar baggage" not his" loss - stip#lation limiting liabilit$" when not bo#nd" printed in small letters" hard to read" m#st be reasonable #nder circs" - loss" carrier7s ees" own negligence" cant avail of limitation" tampering

carriage of )s" as far as h#man care and foresight can provide" w/ the #tmost dili of ver$ ca#tio#s persons w// d#e regard for all circs not an ins#rer against all ris5s

*andingin v )antranco - da#ghters died" exc#rsion" b#s" swerve" bag#io" passengers fall - exod" carr$ing )s" failed CA9" motor malf#nction" inspection (not eno#gh considering strain on vehicle)" failed d#e regard for all circs" cross ?oint bro5e - 93" negli driver" pretended to have spcl permit" lost control" s#ddenl$ swered" b#s open on one side - ta5e into acco#nt geog of the place" for vehicle to be fit as to circs *andicho v 9TC, - passenger w/ cage of chic5en" abo#t to fall" passenger attend to cage" fell" in?#r$ - passenger sleep$" cage was not abo#t to fall - carrier not an ins#rer against all ris5" - ees" carrier" m#st see to it that passenger safel$ placed" operate caref#ll$ eno#gh to prevent mishaps - d#t$ of passenger" place himself in a safe portion" di==iness/sleeping of ) cant be foreseen b$ carrier" )s loo5 o#t 6ecesito v )aras - passenger D1$r old" wooden bridge" lost cont" swerved" fell on cree5" severina drowned" 5id in?#red - exod" mechanical defect" inspection (vis#al) -- not determine steel 5n#c5les resistance" m#st be periodical test determining strength of critical portions of vehicle" safet$ of passengers )A* v CA O 2amson - captain overshot air field" mangrove" in?#red co pilot"

negligent in allowing captain to fl$" not pass for captain #nder CAA reg#lation d#t$ of #tmost diligence" extends to crew" safet$ of passengers/crew" rationale" mere lapse can res#lt to death of )/C

2#lpicio v CA - ,wner of l#mber hired stevedores" load carrier" gas/copra" stevedores #nconscio#s" )amalaran died of gas poisoning - 6ot passenger" stevedore" b#t presence called for b$ cont of carr" who else wo#ld load" carrier responsible for their safet$" - 3ailed ord dili in selection/s#pervision of ees" ins#fficient training on handling s#ch goods" preca#tionar$ meas#res" BA* v As#ncion - stop over narita" overnight sta$" shorepass" denied b$ immigration" discrepanc$ in passport" bro#ght to rest ho#se" expenses - 9reach of contract" none CA9" d#t$ to inspect trav docs" b#t not to veracit$ of ever$ entr$ - Admission to co#ntr$" be$ond carriers powers" immigration 173%" 0uration of #esponsi,i$it+" 6arsaw art 17" Code of Com %74

Cangco v ;PP - ee" step off" melons" at night" right arm cr#shed" - liabilit$" negli of ees" cont of carriage" d#t$ of carr$ing passenger safel$" entering leaving - breach of contract" not necessar$ to prove that there was negli" 8el )rado v ;eralco - street cars" motorman" stations" ran to catch" signaled" slowed down" before

sec#ring position" accelerated" fell" right foot cr#shed obligation to stop" stations" none since not at station" 94T sho#ld not increase peril" d#e regard for all circs" breached d#t$ when he accelrated

#ntil reach point of desti/leave premises" 3eailed exod in providing comfort" war" 3& not sole ca#se" did not contest no all weather airport

Presumption of /eg$i" 17&% *a ;allorca v CA - famil$" shade" bag left" father get bag" motor not sh#t" w/o cond#ctor7s signal" driver moved vehicle" toddler cr#shed s5#ll - Cont of carr still" as to father/child - Peasonable opport#nit$ to alight" contin#es #ntil reasonable opp to leave" - Alt CoA" @#asidelict 9ataclan v ;edina - b#s" passengers" night" tire b#rst" overt#rned in canal" some passengers co#ld not get o#t" ho#r later" ees got help" men had torches" gas spread" lit" - proximate ca#se" carrier7s fa#lt (not fire)" negligence of driver ca#se of overt#rning" co#ld have smelled gas Aboiti= v CA - farmer passenger" vessel arrive" stevedore too5 care of cargo" 1 ho#r later went bac5 to get cargo" crane hit him" died - Carrier still liable" cont of carr" not terminated" arrive at point of desti" if remains in premises to claim baggage - Peasonable opp to leave )A* v ca O Qapatos - bo#nd for ceb#" airport closed" heav$ rains" proceed to diff airport" informed of options" not accommodated" co#ld not hitch" accepted free tic5e #nder protest" p#rchased tic5et - obli of carrier" comfort and convenience of passengers" incl#ded in safet$ of passengers" - 2tranded passengers" exod in providing comfort" diversion d#e to 3& not termi ccont of carr" responsibilit$ contin#es Force 1a8eure 9achelor &xpress v CA - passenger came on board" stabbed )C soldier" ca#sed panic" passengers ?#mp o#t of b#s" in?#ries - 3&" m#st be sole ca#se" m#st have no negli on part of carrier - CA9" carrier negli" fast driving" belated stop" not e@#ipped w/ proper doors" 3ort#ito#s &vent - ca#se #nforeseen/indep of h#man will - impossible to foresee/inevitable - impossible to render obli in a normal manner - obligor free from participation from ca#sing in?#r$ to credi I#is#mbing v CA - nbi agent" s#spect in 5illing of a ?#dge" re@#est" captain not send re@#est" hi?ac5" g#nshots" hold #p captain" got belongings of passengers" - 3&" no negli on carrier" grave threat" passengers shot" screening proced#res not stop determined hi?ac5ers - Threat not #pon gaining entr$" when most effective" 17/1" 17.0" Pesponsibilit$ for acts of &es 9ataclan v ;edina - negligence of ee" proximate ca#se of death 8e (illaco v ;PP - passenger manila railroad" g#ard of ;PP" shot (illaco" gr#dge" - carrier no liab for 8eve=as acts" no d#ties at time"

2hooting" 3&" gr#dge #nforeseeable

;aranan v )ere= - taxi" driver stab passenger - diff between old civ and new civil code - absol#te liabilit$ for acts of ees basis of carrier7s liab for assa#lts made b$ drivers - minorit$ view" liab onl$ if w/ in the scope - ma?orit$ view" s#fficient that done w/ in co#rse of ees d#t$ (implied" safel$ trans passenger)" absol#te liab for ees assa#lts" Jin excess of AK not a defense Peasons for ma?orit$ view - special #nderta5ing" f#ll meas#re of protection p#rs#ant to high meas#re of care given b$ law" speciall$ from own ees - liabilit$ for ees" delegation of d#t$ to ees to safel$ trans passenger - carriers bear the ris5 of wrongf#l acts of ees" power to select/remove Carrier liable - correctl$ claim against driver" covered b$ crim case w/c incl#ded civ liab *PTA v 6avidad - passenger" altercation w/ g#ard" fell on trac5s" ran over b$ train 9asis of *iabilit$ - cont of carr" breach of cont - in discharge of its commitments" carrier ma$ hire ees ,P o#tsiders/indep firms - not relieved of responsibilities #nder cont of carr - CA9" sec# agenc$ not liable" evidence ins#fficient 17.3" Pesponsibilit$ for acts of 2trangers/co passengers )ilapil v CA

passenger on b#s" b$ stander" threw roc5" left e$e impaired acts of strangers" ordi diligence in preventin" if wholl$ b$ stranger" carrier not liab" carrir no control over circs carrier not ins#rer against all ris5

9achelor v CA - act of stranger" conc#rring negligence of carrier" carrier negligent 17.1/17. " 8#t$ of )assengers" contri negli Cangco v ;PP 9#t% onl$ ordinar$ diligence is re@#ired of cangco - was there an$thing in the circs that wo#ld ma5e the passenger do otherwise given the same circsC - Cangco was did not 5now of the obstr#ction" dar5" +as there contri negliC - still $o#ng" no ris5 in alighting from a moving train (slowl$)" place was familiar to cangco" there was no contri negli Contrib#tor$ negligence" determination" did person act rec5lessl$" ph$sical conditions considered" if not characteri=e impr#dence (no contri neg) 'saac v A* Ammen Contrib#tor$ negligence of 'saac - seated on left side" rested arm on window sill" severance" he was the onl$ victim contri negli (P H red#ction of dmgs" exception H protr#de an arm/elbow% be$ond edge of window H no recover$ (will not res#lt if it were not for s#ch negli)

Contri negli" not relieve carrier of liabilit$" red#ction of amo#nt of damages" 17.E" 111" 01" 03" 0." Act#al/Compensator$ dmgs
!rt9 21779 '(cept as provided ,+ $aw or ,+ stipu$ation: one is entit$ed to an ade;uate compensation on$+ for such pecuniar+ $oss suffered ,+ him as he has du$+ proved9 uch compensation referred to as actua$ or compensator+ damages9 !rt9 22519 <n contracts and ;uasi) contracts: the damages for which the o,$igor who acted in good faith is $ia,$e sha$$ ,e those that are natura$ and pro,a,$e conse;uences of the ,reach of the o,$igation: and which the parties have foreseen or cou$d have reasona,$+ foreseen at the time the o,$igation was constituted9 <n case of fraud: ,ad faith: ma$ice or wanton attitude: the o,$igor sha$$ ,e responsi,$e for a$$ damages which ma+ ,e reasona,$+ attri,uted to the non)performance of the o,$igation9 !rt9 22539 The part+ suffering $oss or in8ur+ must e(ercise di$igence of a good father of a fami$+ to minimi=e the damages resu$ting from the act or omission in ;uestion9 !rt9 17%*9 0amages in cases comprised in this ection sha$$ ,e awarded with the tit$e >?<<< of this ,oo@ concerning damages9 !rtic$e 225% sha$$ a$so app$+ to the death of a passenger caused ,+ the ,reach of contract ,+ a common carrier9 !rt9 225%9 The amount of damages for death caused ,+ a crime or ;uasi)de$ict sha$$ ,e at $east P 3:555 -now P&5:555.: even though there ma+ have ,een mitigating circumstances9 <n additionA -1. The defendant sha$$ ,e $ia,$e for the $oss of the earning capacit+ of the deceased: and the indemnit+ sha$$ ,e paid to the heirs of the $atter" such indemnit+ sha$$ in ever+ case ,e assessed and awarded ,+ the court: un$ess the deceased on account of permanent ph+sica$ disa,i$it+ not caused ,+ the defendant: had no earning capacit+ at the time of his death" -2. <f the deceased was o,$iged to give support according to the provisions of artic$e

271: the recipient who is not an heir ca$$ed to the decedentBs inheritance ,+ the $aw of testate or intestate succession: ma+ demand support from the person causing the death: for a period not e(ceeding five +ears: the e(act duration to ,e fi(ed ,+ the court" -3. The spouses: $egitimate and i$$egitimate descendants and ascendants of the deceased ma+ demand mora$ damages for menta$ anguish ,+ reason of the death of the deceased9

Cariaga v *T9C, - passenger" 42T med st#dent" b#s cross railroad" train derailed" b#mp b#s" driver died" frontal lobe of cariaga in?#red Act#al/compensator$ dmgs - breach of contract" probable/foreseeable conse@#ences for breach - med/hostpi/other expenses - 175 - income that co#ld have been earned" circs" co#ld have been foreseen" co#ld have passed boards" 1st rate #niv" 300 pesos monthl$ income /5 )an Am v 'AC 8amages/lost profitsC - sho#ld not be granted - 1107" liable for damages that cpo#ld be foreseen when cont of trans entered into" preparations of )angan not anno#nced to )an Am (there sho#ld have been notice of special circs to show dmgs) - contracts cancelled" proximate ca#se was pangan7s fail#re to deliv on dates agreed" did not declare val#e of l#ggage chec5ed in" pan am not priv$ to contract/not called to condition re@#iring promo mats to be delivered at a certain date Act#al damages" to recover extraordinar$ damages" m#st declare/notif$ carrier of the special circ#mstances

Nilla Pe$ v CA - b#s hit b#ll cart" end of bamboo pole penetrated wind shield" left e$e in?#red/brain conc#ssion" died 's the TC7s comp#tation on the n#mber of $ears correctC - TC" A&T;" life expectanc$ 33 and R" he was 30" form#laA /3 (L0-30) G life expectanc$ - Nillare$" invo5ing E $ear r#le" - 'n alcantara" none of parties @#estioned E $ear basis" it was not the r#le w/ regard to time" no #niform r#le" depends on circ#mstance Pate of damagesC - here not of f#ll amo#nt of earning" s#pport (intestate heirs) - earning H necessar$ expenses G net earnings )A* v CA O )adilla - plane crash" heir" mother +as the comp#tation of indemnit$ correct" based life expectanc$ of the deceased - )A*7s arg#ment" principle of law in the 42" life expectanc$ of the deceased or the beneficiar$" w/c ever is shorter - 3oreign ?#ris onl$ )ers#asive" will appl$ onl$ if no avlbl law/?#ris - Applicable lawsA 17.E/ 0." damages for death based on life expectanc$ of deceased (not beneficiar$) - *iabilit$ for loss of earning capacit$" paid to heirs" assessed and awarded b$ co#rt" 46*&22 had no earning capacit$ (ph$sical disabilit$ not ca#sed b$ def) - 8avilla case" 30 $ears of age at death" life expect 33 1/3" form#la - /3 (L030)" income from 3 diff so#rces" d#e to circs life expec lowered to / (had ailments and bac5 aches) - )roving act#al dmgs" witnesses ;ate/re$es" had 5nowledge of salaries" ob?ections to their testis waived" *ife expec 30 $ears" single 17" 1." 11" 8amages 0" 0.(3)" ;oral

!rt9 22179 1ora$ damages inc$ude ph+sica$ suffering: menta$ anguish: fright: serious an(iet+: ,esmirched reputation: wounded fee$ings: mora$ shoc@: socia$ humi$iation: and simi$ar in8ur+9 Though incapa,$e of pecuniar+ computation: mora$ damages ma+ ,e recovered if the+ are the pro(imate resu$t of the defendantBs wrongfu$ act or omission9 !rt9 221%9 /o proof of pecuniar+ $oss is necessar+ in order that mora$: nomina$: temperate: $i;uidated or e(emp$ar+ damages ma+ ,e ad8udicated9 The assessment of such damages: e(cept $i;uidated ones: is $eft to the discretion of the court: according to the circumstances of each case9 !rt9 22179 1ora$ damages ma+ ,e recovered in the fo$$owing ana$ogous cases A -1. ! crimina$ offense resu$ting in ph+sica$ in8uries" -2. 2uasi)de$icts causing ph+sica$ in8uries" ((( -15. !cts and actions referred to in !rtic$es 21: 2%: 27: 24: 27: 35: 32: 3* and 3&9 ((( !rt9 22259 6i$$fu$ in8ur+ to propert+ ma+ ,e a $ega$ ground for awarding mora$ damages if the court shou$d find that: under the circumstances: such damages are 8ust$+ due9 The same ru$e app$ies to ,reaches of contract where the defendant acted fraudu$ent$+ or in ,ad faith9 !rt9 225%9 ((( -3. The spouses: $egitimate and i$$egitimate descendants and ascendants of the deceased ma+ demand mora$ damages for menta$ anguish ,+ reason of the death of the deceased9

3ores v ;iranda - ;oral damages - m#st be discarded - breach of cont" for moral to be given" m#st prove 93" analogo#s cases 11" 0" @#asidelicts does not incl#de previo#s contract#al relations - death of a passenger" allows recov of moral dmgs

if passenger does not die" no moral recov" #nless 93 proven negligentl$ (is not a breach of confidence)" hence not a#tomaticall$ 93" Air 3rance v Carrascoso - 1st class" given to white man" better right" 2ho#ld ;oral damages be grantedC - $esS - 3rom 1st class to to#rist class" compelled to leave after being seated" d#e to embarrassment too5 pan am instead ;adrid -- ;la - 3ail#re to f#rnish 1st class" s#ffered mental ang#ish/embarrassment - 1st class 9ang5o5 to teran" breach of cont when failed to giv 1st class% 93 -compelled to to#rist class after seated" - o#sted b$ manager to give white man his seat" captain ref#sed to intervene" did not present mgr to den$ statement on captain" no evidence if whiteman had reservation" did not prove if white man did have a better right -- def silent - manager" did not ?#st prevent carrascoso from en?o$ing his right" imposed his arbitrar$ will" threatened to throw him o#t of the plane *ope= v )an Am - senator w/ wife/da#ghter/son in law" 1st class" given to#rist class" +as there 93C - F&2S - *ope= arg#ment" pre?#dice against pino$s" other passengers - )an Am7s arg#ment" honest mista5e" reservations made via ?oint reservation card" w r#finos (L in all pl#s lope=es)" other r#finos #nder sep reservations" new reservation card made" agenc$ cancelled r#finos" b#t herran= (reservation ee) mista5enl$ cancelled even lope=es" contacted san fran ofc for reinstatement" wait listed" still a month awa$" herran= confident and forgot abo#t it" vila" co wor5er of

herran=" confirmed reservation" tele= to san fran" b#t still #nable to )an A; in effect" admitted that it cancelled reservations" intentionall$ withheld fact of cancellation" letting them believe their 1st class reservations valid" s#ch cond#ct amo#nts to 93" malice Peservations s#per visor" non notification" Jprompted him to withhold infoK" his d#t$ to inform them D tic5ets of record Jmar5ed ,< for 1st classK

:erran= was even promoted" higher salar$" not investigated" self enrichment ;oral 8amages - 93 D h#miliation% damaged feelings etc - 'nternational carriers sho#ld 5now the prestige of the senate pres pro tempore office" former N) - Altho#gh private b#siness engagement" second engagement b$ pino$s in honor of his being pro tempore - +ife shared prestige and h#miliation" 13hr trip" discomfort" prior to flight had fl# and lost 10po#nds - 8a#ghter and son inlaw" prestige and h#miliation" paid for b#t did not get 1st class - 'ntentionall$ withheld fact of cancellation ,rtigas v *#fthan=a +s there 93C - F&2 - saw pino$ passport" seat given to 9elgian w/o expla" re@#est t#rned down - as5ed if other have 1st to :<" offered 1st instead at cairo" false representation" at cairo said same thing as to darham

93" whi$e assuring him 1st c$ass at cairo" ee wrote on tic@et trave$ed econom+ #ome CD EK" w/c disallowed him from demanding 1st class" onl$ deliberatel$ ma5e him believe he was from Cairo -- :< lac5 of care" fai$ure to accommodate in c$ass contracted G 93 allowing moral m#ch worse here" preference of 9elgian passenger" done willf#ll$ and in disregard of ortigas7 rights made to believe to be given 1st class at cairo" even had to ta5e pills since embarrassed" onl$ offered 1st class at 9ang5o5 to h5"/ w/c ortigas ref#sed as to ?ovial mood" passenger avails for it for a higher price" doctor7s advice to ta5e 1st class d#e to heart condition

bf" breach of d#t$ thro#gh motive/illwill

;oral damages - no 93" - testi showed" no receipt of a tracer te$e( -report from station that passenger not rcv baggage)" w/o it pres#med that handling was normal" at airport discovered that air$ine tag was accidenta$$+ ta@en off" tagless baggage on hold #ntil '8 - effort to find baggage" investigation" - 93 cant be pres#med" m#st be established and proved b$ clear and convincing evi Catha$ v Nas@#e= - vas@#e=es" fre@#ent fliers/polo cl#b" D maid D friends" #pgraded from b#siness to 1st class" ref#sed" gave in" filed s#it +s there 93C - no - 3ra#d" insidio#s machinations" deceitf#l plot" conceal to ind#ce consent - 93" dishonest p#rpose" wilf#ll doing of something wrong" - Chiu honest in te$$ing them that their seats given to others" altho#gh exercised poor ?#dgment - 6ot for some devio#s p#rpose" definitel$ better for passenger - 8id not go against CAA Peg#lation" overboo5ing be$ond 10percent" no evi be$ond 10 percent - 6o 93 ;oral damages - 6, - granted onl$ when" carrier g#ilt$ of fra#d/93/death - if not in 93" limited to nat#ral conse@#ences of s#ch breach - CA7s award of moral no legal basis" no 93" 4pgrading/downgrading" +/, consent

*#fthansa7s defense - ee made mista5e" informed onl$ waitlisted" - no racism" wo#ld be against their image" whiter than his witness - ortigas in a good mood" not m#ch diff in 1st class / econ ;oral - m#st be increased from 100 to 1/05 - c#enca" 05 not appl$" here offense repeated E times rome Calc#tta cairo darham w/ indifference - l#f arg# that lope= 1005 excessive" not p#b official (94T cant disregard ortigas in an inferior position - aggravated b$ falsel$ noteing tic5et E times =#l#eta case" wife/da#ghter on board" late :" sho#ted at/left" award of 1/05 to 005 )A* v ;iano - not declare higher val" baggage missing" delived to his hotel" alleged missing things" 9reach of contr of carr" moral - awarded onl$ if carrier in 93

6+A v :eshan - went to airport earl$" nd in line" not given boarding passes" board" onl$ 1 seat vacant" flew in another airline" waited for l#ggage +as there breachC - 6+A defenses" event#all$ reach *A (so no in?#r$)" if offer folding seats crew no seats" heshans disembar5ed willingl$ did not want to wait to be seated together" damages e(cessive - :eshans arg#ment" iss#ance of tic5et" passenger has ever$ right to be trans on that date/flight" breach of cont - :eshans evi more credible" 6+A did not even present flight mani/seatingcap/la$o#t - 3ailed to explain lac5 of boarding passes - 8isembar5ed (besides re@#est to be seated together)" boarded 10 mins before depart#re" willingness to ?#st board" b#t there were not eno#gh seats - F&2 there was breach" ;oral damages - m#st be red#ced mill -- /005 - altho#gh co#rt dicretion" sho#ld not be scandalo#sl$ excessive 1) moral" neither to p#nish wrongdoer nor to enrich (p) 1" 3 " 33" &xemplar$ dmgs
!rt9 22279 '(emp$ar+ or corrective damages are imposed: ,+ wa+ of e(amp$e or correction for the pu,$ic good: in addition to the mora$: temperate: $i;uidated or compensator+ damages9 !rt9 22329 <n contracts and ;uasi contracts: the court ma+ award e(emp$ar+ damages if the defendant acted in a wanton: fraudu$ent: rec@$ess: oppressive: or ma$evo$ent manner9 !rt9 22339 '(emp$ar+ damages cannot ,e recovered as a matter of right" the court wi$$ decide whether or not the+ shou$d ,e ad8udicated9

;ecenas v CA - vessel to vessel collision" heirs filed s#it &xemplar$ damages - Commandant of phil coast g#ard" Tacloban negligent" minister of national defense affirmed then reversed" both vessels at fa#lt - Cap of don ?#an" pla$ing mah?ong vefore collision" off d#t$" no s#ch thing as off d#t$ for master of vessel" not the first time entertainng himself" grosll$ negli for not correcting him - 3ailed meas#res to prevent sin5ing" officer on watch failed to inform cap of imminent danger - Carried more than it sho#ld" passengers allowed L10" coast g#rad rep L7L allowed not incl#ded 1 . crew /chil below " 1E0 more than allowed" 7/0 in manifest" 1 L not in manifest" did not have eno#gh life rafts - (rossl$ negligent - ;ore than twice as fast than tacloban" f#ll comliment of crew" had radar" offcer on watch sighted tacloban (E na#tical miles awa$)" co#ld have avoided collision w/ ordi dili - Tacloban cit$" t#rning hard to port signaled" short blasts with horn" don ?#an did not repl$ &xemplar$" award - rationale" reshape behavior that is sociall$ deleterio#s" deterrents for s#ch behavior - b#l5 of the pop#lation is too poor to avail of domestic air trans" man$ maritime disasters" - instr#ment of the law to sec#re the ends of p#blic polic$" exemplar$ damages - phils archipelagic" *#mp s#m - m#st be allocated per dmg 1" E" ." 6ominal Tempe *i@#i

!rt9 22219 /omina$ damages are ad8udicated in order that a right of the p$aintiff: which has ,een vio$ated or invaded ,+ the defendant: ma+ ,e vindicated or recogni=ed: and not for the purpose of indemnif+ing the p$aintiff for an+ $oss suffered ,+ him9 !rt9 222*9 Temperate or moderate damages: which are more than nomina$ ,ut $ess than compensator+ damages: ma+ ,e recovered when the court finds that some pecuniar+ $oss has ,een suffered ,ut its amount cannot: from the nature of the case: ,e proved with certaint+9 !rt9 222%9 Li;uidated damages are those agreed upon ,+ the parties to a contract: to ,e paid in case of ,reach thereof9 !rt9 17&79 The responsi,i$it+ of a common carrier for the safet+ of passengers as re;uired in !rts9 1733 and 17&& cannot ,e dispensed with or $essened ,+ stipu$ation: ,+ the posting of notices: ,+ statements on tic@ets: or otherwise9

diligence re@#ired b$ law to be exercised b$ ever$ common carrier was violated b$ T+A and this entitles them% at least% to nominal damages from T+A alone!

6ominal - vio of right" here breach of cont Temperate pec#niar$ damage that cant be @#antified" if some form of pec#niar$ ( larger than nominal) BA* v CA - er#ption pinat#bo" first accomo" then not acommo 6ominal given" declassified as passengers" had right of priorit$ for next flight 2imilar to sal#do" breach fail#re of airline to ta5e extra mile" comfort convenience/ trt w/ co#rtes$ / airline m#st help $o#

Alitalia v 'AC - special in?#r$ - +arsaw not limit amo#nt damages claimed" as long as proved - (eneral pra$er of relief" s#ch other e@#itables relief (broad eno#gh to incl#de nominal" in this case nominal not alleged) - for the fr#stration/disappointment" embarrassment in acad comm#nit$" 2al#do v CA -

when to trans" stated in 9o*" prima facie case" b#t can be reb#tted" carrier present own evi (wrong bod$) )A* absolved T+A" pa$ nominal damages" the$ were indifferent to 2al#dos 9reach per se is a gro#nd for damage" if cant prove pec#niar$ (no act#al dmgs) so nominal instead
6onetheless% the facts show that petitionersT right to be treated with d#e co#rtes$ in accordance with the degree of

2avello v 6+A - B#dge" comelec chair"+ife" mgr" *#ggage lost" diamond rings" perigan shoes" taghe#er " colehaan shoes" camera" - 6ot cover alleged losses - exit cla#ses" no receipt shown" no evi shown" m#st notif$ airline w/ s#ch U of da$s - +arsaw applied - 8id not notif$ airline" did not declare items" no pa$ment of premi#m" not compl$ w/ notice #nder +arsaw . - +arsaw binds them" ignoranceV - :and carr$ forced to chec5 in" mamadali 0L" 10" Att$s fees/interest
!rt9 22549 <n the a,sence of stipu$ation: attorne+Bs fees and e(penses of $itigation: other than 8udicia$ costs: cannot ,e recovered: e(ceptA -1. 6hen e(emp$ar+ damages are awarded"

-2. 6hen the defendantBs act or omission has compe$$ed the p$aintiff to $itigate with third persons or to incur e(penses to protect his interest" -3. <n crimina$ cases of ma$icious prosecution against the p$aintiff" -*. <n case of a c$ear$+ unfounded civi$ action or proceeding against the p$aintiff" -&. 6here the defendant acted in gross and evident FF in refusing to satisf+ the p$aintiffBs p$ain$+ va$id: 8ust and demanda,$e c$aim" -%. <n actions for $ega$ support" -7. <n actions for the recover+ of wages or househo$d he$pers: $a,oreres and s@i$$ed wor@ers" -4. <n actions for indemnit+ under wor@menBs compensation and emp$o+erBs $ia,i$it+ $aws" -7. <n a separate civi$ action to recover civi$ $ia,i$it+ arising from a crime" -15. 6hen at $east dou,$e 8udicia$ costs are awarded" -11. <n an+ other cases where the court deems it 8ust and e;uita,$e that attorne+Bs fees and e(penses of $itigation shou$d ,e recovered9 <n a$$ cases: the attorne+Bs fees and e(penses of $itigation must ,e reasona,$e9 !rt9 22159 <nterest ma+: in the discretion of the court: ,e a$$owed upon damages awarded for ,reach of contract9 #egu$ation of Carriers

an$ person who ma$ operate3cont3manage in the )hils for hire/compensation for general or limited c$iente$e permanent or occasional for b#siness any common carrier/ railroad/ street/ railway/ traction railway/ sub way motor vehicle whether for freight/passenger" w/ or w/o fixed route carrier service/ express service/ steamboat/ steamship line/ pontines/ ferries/ water crafts shipyard / marine repairshop/ warehouse/ wharf/ dock ice plant/ ice refrigeration plant/ canal irrigation system gas / electric/ light/ heat/ power/ petroleum/ sewerage system/ wire/wireless communication system/ broadcasting stations )ersons in agric#lt#re" motor vehicle" special contract" for hire/ 3rd parties in agric#lt#re" limited time/specific pr#pose" operated b$ latter" for c#ltivation of his farm" transpo of of agri prods of s#ch 3rd part$" not considered as operating )#blic service

2ection 13 ()2A) (c) (a) )2C ?#risdiction" s#pervision/cont" necessar$ powers - p#blic services/franchises/e@#ipment - ()4s owned b$ government/(,CCs)" not re@#ired C)C/C)C6 - 6, a#thorit$ to re@#ire steamboats/steamships/motorships C)C/prescribed ro#tes (b) )#blic service incl#des )erson - ever$ individ#al" co partnership" ?oint stoc5 or corpo - domestic/foreign - lessees/tr#stees/receiver - m#nicipalit$/province/cit$/gooc/agen$ of gov/ persons operate p#blic #tilities Art >'' 2ec 11 3ranchise" certificates" a#thori=ation for operation of a )#blic 4tilit$" grantees

citi=ens of the )hils Corporations" orgd #nder the )hils" .0M of capital )hil owned" a#thori=ation for /0$ears onl$ 3ranchise" #nder condition that it is s#b?ect to amendment/alte/repeal b$ the congress 2tate" enco#rage e@#it$ participation" p#blic #tilities 3oreign investors" governing bod$ in an$ )4" limited to proportionate share of their capital" all managing/exec offcrs m#st be 3ilipinos

combinations in restraint of trade #nfair competition

<;4 v (arcia 8etermining rates - not confiscator$ (too low)" m#st be able to cover expenses - sho#ld not be discriminator$ (too high)" m#st be affordable )rior op r#le ,pp to oppose applic

2ec 17 6ational emergenc$" when p#blic interest re@#ires" state ma$A - temporaril$ ta5e over/direct operation - an$ privatel$ owned )4 or b#siness affected w/ p#b interest national emergenc$ - catastrophe of nation wide proportions - epidemic" t$phoon" flood - economic crisis - rebellion 2ec 1L 3or 6ational +elfare/defense" state ma$ - establish/operate vital ind#stries - #pon pa$ment of ?#st compensation - )#b ownerhip 4tilites/ )rivate enterprises to be operated b$ government B#st compensation" fair e@#ivalent of prop - #s#all$ fair mar5et val#e" price fixed b$ b#$er and seller - what co#nts as BC" ?#dicial prerogative - m#st incl#de conse@#ential damages" ded#ct conse@#ential benefits - m#st be paid in mone$" w/ in reasonable time from ta5ing 2ec 11 Peg#late/prohibit monopolies" p#blic interest +h$ need for hearing in )#blic need - to find o#t if s#itable in prov service 6otice" newspapers" or b#lletin boards of cities/m#ni affected" ?#risdictional re@s :earing parts - compliance w! ?#ris re@s" notice - presentation of evi" in s#pport of @#alifs opport#nit$ to be heard is important" w/c can be waived" b#t there still sho#ld be an act#al hearing applications" ver$ tech" engineers ma5e it/act#arians" exha#stion of admin remedies exception" transcendental importance Tatad v (arcia modes of ac@#iring J,K - sale (has consideration)/donation (re@#ires acceptance)/s#ccession 9*T 9,T 9T C#rative legislation - c#re defects of previo#s law" dissenters" admission of vio of bidding re@ of pro?ect

Asset what is prohibit is the operation of a )4 b$ a foreigner (not ownership) P) v ;eralco 'ncome tax" ded#ction op expenses - op expenses" basis of reasonable ret#rn on cap 6et average investment method or ave investment method - 6A'" cant spread expense for entire $ear" cost m#st be for act#al period of time #sed" smaller fig - ;eralco" wants val#ations at beginning end" ave div into " bigger fig#re &PC" &)'PA - performance based reg#lation - rate depends on performance" APP (ann#al rev re@s)" cap pro?ects" e@#ip depreciation" excl#de income tax - pro?ect APP for next / $rs" add reasonable ret#rns - if services not at par" no service (if below standard)" rebate given -monetar$ compensation PC)' v 6TC Cant operate in place o#tside scope of C)C6 - even if w/ franchise" m#st get certificate to operate in area PC)'" no C)C" dissalowed Cogeo C#bao v CA *#ngsod 2ilangan" carrier CC,8" bandera s$stem" own terminal" lahat pass C)C is propert$" altho#gh not excl#sive" can be amended b$ congress" common good" deserves consti protection CC,8" admitted that not licensed" no right to operate and #se bandera s$s 6ominal damges violated

Pegd owner r#le - doctrine" whoever regd owr" liable to death/damage to goods" similar to land reg -- regd owner bo#nd (elisan v Alda$ - driver stole goods" - can go against regd owner 9enedicto v 'AC - defense of regd ownr" not priv$ to cont - 94T" regd owner liable - *ease/binenta" m#st reg sale" - 3ranchise is personal" )hiltranco v CA - bi5e owner <abit s$stem ( 8o2) - cont of sale" fictitio#s" franchise holder on paper owner" - 1st deed of sale" regd in *T3P9 68 deed of sale" not regd" onl$ in realit$ an implied tr#st" will sell to act#al owner" either deed of assign/deed of sale depending on nat#re - exception" if action based on personal liab" 2antos v 2ib#g - sheriff alread$ levied vehicle" then 3rd part$ claimant" file sep case" - b#t here" lease/sale not regd" so not allowed - vehicle in c#stodia legis" sho#ld be in wareho#se" sale did not p#sh thr#" 17 $ears di na benta" depreciation / $rs"

*ita v CA - / to$ota" no franchise" tal5d to *ita &" for a 3ee - def of 5 s$s - <2 " cert of c" allows another to op #nder s#ch franchise for a fee - C)C (iss#ed b$ gov agenc$/*(4) and C)C6 ()" Te?a v 'AC - 5s" N,'8" for being against p#b pol - 5s" 3 parties" act#al owner/franchise holder/p#blic - p#blic not bo#nd - 'n pari delicto" parties in 93" can see5 affirmative relief against each other" 1E1 - Taxi b#mp rider (motorc$cle owner) - Crim against driver/civ case for @#asi against reg owner - 4nlawf#l" illegal" b#t not a crime - 8ecision of TC/CA void since in pari" did it have ?#ris of ver s#b?ect matter of case (reconve$ance against franchise holder)" &rror in ?#dgment vs &rror in ?#ris - error in ?#dgement" since grant affirmative relif" since parties w/ void contract - b#t not error in ?#ris" once iss#e s#mmons" c#= once iss#e s#mmons" defendants -- answer - law confers ?#ris -- TC/CA validl$ ac@#ired ?#ris" from time of s#mmons #p to decision -- valid" b#t error in ?#dgment Peversible then () - if benefit from interloc#tor$" will be void" m#st -- restit#tion Te?a ;ar5eting v 'AC 9o#ndar$ s$stem - ee -- er rel" elements presentC" pwede" hire" s#pervision/control" wages (fixed/commission basis - rec5less)" -

rec5less -- n#mber of trips/speed" irresponsible -- no position to pa$ dmgs altho#gh no fxd wage" still ee H er rel"

driver plead g#ilt$ co#ld not satis civil indemnit$ civ case" then" against regd owner" defense" denial of d#e process" driver primaril$ liab" b#t driver pleaded g#ilt$" so er denied 8)" lac5 of 5nowledge not a defense here (parang #nfair) defense" rel of lessor lessee" lease sho#ld be regd w/ ltfrb" bo#ndar$ s$s" arrangement w/ driver m#st be regd to bind the p#b (or regd owner acco#ntable) *ast clear chance - one w/ last chance to avoid" liab" even if other negli )hil Pab v 'AC - tail gaiting" one behind can avoid" - *CC" s#it between drivers and owners - 6ot a defense in breach of cont of carr - 2#bstantial factor test 9#stamante - 3. $r old tr#c5" descending" b#s ascending (evading <#bota J5#ligligK" rice farming) rec5less impr#" civ/crim" eg stationar$" tas binangga *ara v Nalencia - deadman stat#te" attrib#te to a deadman" deadman cant ref#te what $o# are sa$ing - degree of diligence of accommodation passenger" or invited g#est -- not common carrier -! ,rdinar$ diligence

lac5 of care on part of the deceased" open pic5 #p" cro#ching position passenger" avoid in?#r$ to himself" if passengers negli proximate ca#se" alt defense carrier" ' am not proxi ca#se 3; concept" not proxi ca#se carrier

17E. -

8efenses of woner of vehicle not common carrier if carrier -- 173E exod alt arg#ment -- contri negli

To w/c stip#lation will it appl$C Agreement carrier H shipper 2tip" limit liab" carriers liab limited to a said amo#nt" +hat ma5es it ann#llable" J#nless former agrees to stipK Jref#sed to carr$ the goodsK" monopol$" cant sa$ no" onl$ means of transpo

defense" prescription" cont of carriage" 10 $rs doc#ment (b#s tic5et" online boo5ing)" . $rs @#asi cont" E $rs tort meeting of the minds" cont of trans" shipping -- passenger proves cont of trans" also prove in?# or death/*88" b#rden then shifts to carrier damages cant be ass#med m#st be proved b$ clear and convincing evi civil actions H preponderance of evidence" @#alit$ of evi" clear and convincing nominal H vio of right" no pec#n amo#nt tempe H vio of right" D monetar$ dmg cost moral H wantonV - #s#all$ grant exem exemplar$ H - corrective Att$s fees - m#st be reasonable Anticipating litigation - receipts" those w/ s#bstantial amo#nts" tr$ to get info" deposition" -