CAGAYAN STATE UNIVERSITY

COLLEGE OF LAW
Andrews Campus, Tuguegarao City, Cagayan

COMMERCIAL LAW REVIEW

(SET 2 – TRANSPORTATION LAW)

Instructions: Answer the following questions briefly and legibly. Answers should be submitted
on or before 02 May 2020. Late papers will not be accepted.

II. TRANSPORTATION LAW

A. COMMON CARRIERS
1. What are common carriers?
2. Differentiate common carriers from private carriers.
3. What is the diligence required of common carriers?
4. Discuss briefly the liabilities of common carriers.
5. Give the Classification of transport network vehicle services and transport network
companies.
6. Make a case digest of the following cases:
a. Caltex Phils. V. Sulpicio Lines, 315 SCRA 709 [1999]
b. Virgines Calvo v. UCPB General Insurance Co., G.R. No. 148496, March 19,
2002

B. VIGILANCE OVER GOODS

1. Discuss the following rules relative to the topic of “exempting causes”:
a. Requirement of absence of negligence
b. Absence of delay
c. Due diligence to prevent or lessen the loss
d. Case digest for the following:
i. Cokaliong Shipping Lines v. UCPB, Gen. Insurance Co., G.R. No. 146018,
25 June 2003
ii. Delsan Transport Lines v. CA, G.R. No. 127897, Nov. 15, 2001
2. Discuss the rules on contributory negligence.
3. Relative to Arts. 1736, 1737, and 1738 of the New Civil Code, what is the duration of
liability in:
a. Delivery of goods to common carrier?
b. Actual or constructive delivery?

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 c. Temporary unloading or storage?
4. With respect to stipulations reducing diligence or limiting liability,
a. what stipulations are considered void?
b. how is liability limited to fixed amount?
c. how is liability limited in absence of declaration of greater value?
d. provide a case digest for the following:
i. Torres-Madrid Brokerage, Inc. v. FEB Mitsui Marine Insurance Co., Inc.,
G.R. No. 194121, July 11, 2016.
5. What is the liability of common carriers for:
a. Checked-in baggage of passengers?
b. Baggage in possession of passengers?
c. Briefly discuss the case of “Sulpicio Lines v. Sesante”, G.R. No. 172682, July 27,
2016.

C. With respected to SAFETY OF PASSENGERS,

1. What are considered void stipulations?
2. When is a common carrier bound to exercise utmost diligence? Discuss this in relation
to the cases of “Dangwa Transportation Co., Inc. v. C.A.”, 202 SCRA 575, 580 [1991];
“Light Rail Transit Authority, et al. v. Marjorie Navidad, et al.”, G.R. No. 145804,
February 06, 2003; and “Aboitiz Shipping Corporation v. CA, 179 SCRA 95 (1989)
3. Discuss the liability of common carriers for the acts of employees and passengers
under Arts. 1759 and 1763 of the NCC.
4. Discuss the case of “G.F. Florida Transport, Inc. v. Heirs of Battung, Jr., G.R. No.
208802, Ocotber 14, 2015.
5. What is the liability of common carrier for:
a. Delay in commencement of voyage?
b. Defects in equipment and facilities?
6. Up to what extent is the common carrier liable for damages?

D. BILL OF LADING
1. Is a bill of lading necessary for the perfection of a contract of carriage?
2. Discuss the three-fold character of a bill of lading.
3. What are the rules of Delivery of goods? Discuss this in relation to case of “Republic v.
Lorenzo Shipping,” 450 SCRA 551 [2005], and “Designer Baskets, Inc. v. Air Sea
Transport, Inc.”, G.R. No. 184513, March 09, 2016.
4. When should claims be filed with the carrier? How about in court?
5. Effects of stipulations

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E. MARITIME COMMERCE
1. What is a charter party? What are the kinds of charter party?
2. What is the Liability of shipowners and shipping agents?
3. What are the exceptions to limited liability
3. In relation to accidents and damages in maritime commerce,
a. what is meant by “general average”?
b. what is the rule in case of collisions and allisions?
4. Carriage of Goods by Sea Act
a. What is the procedure in filing claims under the COGSA?
c. What is the prescriptive period of filing claims and cases under the COGSA?

F. PUBLIC SERVICE ACT

1. Define “public utility”.
2. What conditions must concur in the grant of Certificate of Public Convenience?
3. What is meant by “Prior or Old Operator Rule”?
4. What standards/factors must be used by the state in fixing rates of public utilities?
5. Digest the case of “Republic v. Manila Electric Co., G.R. Nos. 141314 and 141369,
November 15, 2002.
6. Are the Boundary system and Kabit system lawful arrangements? Explain.
7. What must be done for a valid sale, encumbrance or lease of property of public
utilities?

G. THE WARSAW CONVENTION

1. In what instance is the Warsaw Convention applicable?
2. What is the limit of liability of the carrier -
a. to passengers?
b. for checked baggage?
c. for hand-carried baggage?
3. What is the rule in case of wilful misconduct of carrier?

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