Article 1732 does not distinguish between one whose principal business activity is the carrying of
goods and one who does such carrying only as an ancillary activity. The contention, therefore, of
petitioner that it is not a common carrier but a customs broker whose principal function is to
prepare the correct customs declaration and proper shipping documents as required by law is
bereft of merit.
Culpa Contractual
Who sues whom?
Is there a pre-existing
obligation?
Defense of a “diligence
of a good father of a
family in the selection
and supervision of
employees”
Nature of Negligence
Presumption of
Negligence
Culpa Aquiliana
Culpa Criminal
Passenger vs Common Passenger vs Common
People vs. Driver
carrier
carrier and driver
Yes
NO
NO
Not a proper and
complete defense
A proper and complete Not a proper and
though it may mitigate
defense
complete defense.
damages
Direct and
Merely incidental to the
Substantive.
performance of the Direct and Substantive Mutually exclusive
contract
to the intention to
commit a crime
There is presumption of
negligence as long as it
can be proven that there
was a contract and it
was breached.
No presumption of
negligence.
No presumption of
negligence.
Public right
Private Right
Private Right
preponderance of
evidence
preponderance of
evidence
proof beyond
reasonable doubt
Liability of Employer
Nature of right violated
Liability for damages
Quantum of Proof
IS THERE PRESUMPTION OF NEGLIGENCE?
CARRIER AND LOSS, DETERIORATION, AND DESTRUCTION
Article 1734 of the New Civil Code, the presumption of negligence does not apply to any of the
following causes:
1. Flood, storm, earthquake, lightning or other natural disaster or calamity;
elements of a “fortuitous event” as follows:
(a) the cause of the unforeseen and unexpected occurrence, or the failure of the debtors to
comply with their obligations, must have been independent of human will;
(b) the event that constituted the caso fortuito must have been impossible to foresee or, if
foreseeable, impossible to avoid;
(c) the occurrence must have been such as to render it impossible for the debtors to fulfill
their obligation in a normal manner; and
(d) the obligor must have been free from any participation in the aggravation of the
resulting injury to the creditor.
FORTUITIOUS IS THE PROXIMATE AND ONLY CAUSE - IMPORTANT ELEMENT
even in cases where a natural disaster is the proximate and only cause of the loss, a common carrier
is still required to exercise due diligence to prevent or minimize loss before, during and after the
occurrence of the natural disaster, for it to be exempt from liability under the law for the loss of the
goods. (Philamgen v MGG Marine Services)
2. Act of the public enemy in war, whether international or civil;
3. Act or omission of the shipper or owner of the goods;
4. The character of the goods or defects in the packing or in the containers;
5. Order or act of competent public authority.
Condition to the exception
1.
NATURAL DISASTER IS PROMXIMATE AND ONLY CAUSE
2.
CARRIER EXERCISE DILIGENCE TO PREVENT SUCH LOSS
3.
COMMON CARRIER HAS NOT NELIGENTLY INCURRED DELAY
SEAWORTHY - CREW MUST BE COMPETENT AND EXPERIENCED
A bill of lading serves two functions. First, it is a receipt for the goods shipped. Second, it is a contract
by which three parties—namely, the shipper, the carrier, and the consignee—undertake specific
responsibilities and assume stipulated obligations.
PRESUMPTION OF NEGLIGENCE
Carriage of goods - Article 1734 - LDD. Damage to the goods.
Passengers - Article 1756 - Existing contract and injury or death on the part of the passenger
DELAY - Did not deliver reasonable time
1169 - no demand no delay
1170 - liability for damages in case of delay
Overcome the presumption - observe extra ordinary diligence, LDD injury or death caused by 1734
TO OVERCOME THE PRESUMPTION
-OBSERVE THE DILIGENCE REQUIRED
Fire - not considered unless caused by lighting
Consignee - delay in receiving the goods, doesn’t matter
Just because consignee is in delay doesn’t mean that CC will not observe extra ordinary diligence
EVEN BEFORE, DURING AND AFTER THE FORMER RECEIVE THE PARCEL, it will only end
upon the recipt of the cosignee, he cannot escape.
CONTRIBUTORY NEGLIGENCE - ARTICLE 1741
Article 1741. If the shipper or owner merely contributed to the loss, destruction or
deterioration of the goods, the proximate cause thereof being the negligence
of the common carrier, the latter shall be liable in damages, which however,
shall be equitably reduced. - DOESNT MATTER KUNG HINDI DINECLARE NI
PASSENGER
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PAL - received despite limitation liability of 100 of more than 100
PASSENGER CLAIMED more than 100 VALID - LIMITATION OF LIABILITY PROVIDED IT IS JUST AND REASONABLE
FREELY AND AGREED UPON BETWEEN TWO PARTIES
MUST NOT BE NEGLIGENT
LIMITATION OF LIABILITY VS NEGLIGENT
MAS LALONG MAKAKACLAIM IF HINDI PUMIRMA DON SA CONTRACT. NOT
BINDING THE LIMITED LIABILITY PROVISION.