Quiz Mod 6 8
Quiz Mod 6 8
Quiz Mod 6 8
QUIZ #2 - MODULES 6 - 8
1. The duty of extraordinary diligence by common carrier extends even to pedestrians or to
passengers of their vehicles.
True. “While the immediate beneficiaries of the standard of extraordinary diligence are,
of course, the passengers and owners of cargo carried by a common carrier, they are not
the only persons that the law seeks to benefit. For if common carriers carefully observed
the statutory standard of extraordinary diligence in respect of their own passengers, they
cannot help but simultaneously benefit pedestrians and the owners and passengers of
other vehicles who are equally entitled to the safe and convenient use of our roads and
highways.” (Kapalaran Bus Line v. Coronado)
2. The duty of extraordinary diligence by common carrier extends even to the crew or
complement operating the vehicle.
True. The duty to exercise the utmost diligence on the part of common carriers is for the
safety of passengers as well as for the members of the crew or the complement
operating the carrier, the airplane in the case at bar. And this must be so for any
omission, lapse or neglect thereof will certainly result to the damage, prejudice, any
injuries and even death to all aboard the plane, passengers and crew members alike.
(Philippine Airlines v. Court of Appeals)
3. The common carrier and the shipper can validly stipulate that the goods are at the
shipper’s risk provided the stipulation is in accordance with the requisites of Article 1744
such as writing, signed by the parties and supported by a valuable consideration, among
others.
False. Art. 1745. Any of the following or similar stipulations shall be considered
unreasonable, unjust and contrary to public policy: (1) That the goods are transported at
the risk of the owner or shipper
4. The common carrier and the shipper can validly stipulate that the carrier will not exercise
diligence in the custody of goods provided the stipulation is in accordance with the
requisites of Article 1744,
False. Art. 1745. Any of the following or similar stipulations shall be considered
unreasonable, unjust and contrary to public policy: (3) That the common carrier need not
observe any diligence in the custody of the goods;
5. The common carrier and the passenger can validly stipulate that the diligence required is
less than extraordinary diligence provided that the stipulation is in writing, signed by the
parties and supported by a valuable consideration, among others.
False. The stipulation may be valid if goods, but not passengers.
6. The common carrier is not required to exercise extraordinary diligence if the passenger is
carried gratuitously as long as there is no gross or willful negligence.
False. Art. 1758. When a passenger is carried gratuitously, a stipulation limiting the
common carrier's liability for negligence is valid, but not for wilful acts or gross
negligence. The reduction of fare does not justify any limitation of the common carrier's
liability.
7. A vessel is seaworthy if it is fit to withstand the rigors of the voyage and fit to store the
cargoes and accommodate passengers to be transported.
True. Sec. 114, Insurance code provides that a ship is "seaworthy when reasonably fit to
perform the service, and to encounter the ordinary perils of the voyage, contemplated by
the parties to the policy.”
8. The shipowner must expressly warrant that its vessel is seaworthy
False. “Carriage of Goods by Sea Act: Sec. 3. (1) The carrier shall be bound before and at
the beginning of the voyage to exercise due diligence to — (a) Make the ship seaworthy;
xxx Thus, the carriers are deemed to warrant impliedly the seaworthiness of the ship.”
(Caltex vs. Sulpicio Lines, Inc.)
9. The passenger or shipper or owner of goods has the burden to prove that the vessel is
unseaworthy
False. It is the carrier that carries such burden of proving that the ship is seaworthy.
(Delsan Transport Lines vs. CA)
10. If the captain of the vessel is not a Filipino, even if licensed and the patron is unlicensed,
the vessel is considered unseaworthy.
True. Art. 609 Code of Commerce. Captains, masters or patrons of vessels must be
Filipinos, have legal capacity to contract in accordance with this code, and prove the skill,
capacity and qualifications necessary to command and direct the vessel”
11. The vessel’s capacity is 1000 persons. At the time of the accident, it was carrying 850
passengers and 170 crew and complement. The owner of the vessel is liable for failing to
exercise extraordinary diligence even if the number of passengers in the vessel is within
its capacity.
True. The total number of passengers is not within the carrying capacity of the vessel.
12. The common carrier is not liable for damages sustained from water or natural elements
because these are beyond the control of the common carrier.
False. Sec. 116. A ship is seaworthy when reasonably fit to perform the service and to
encounter the ordinary perils of the voyage contemplated by the parties to the policy.
13. The shipowner is not liable for the acts or negligence of the captain or the crew if the
former has exercised due diligence in the selection and supervision of captain and crew.
False. Art. 1759. Common carriers are liable for the death or injuries to passengers
through the negligence or willful acts of the former’s employees, although such
employees may have acted beyond the scope of their authority or in violation of the
orders of the common carriers. This liability of the common carriers does not cease upon
proof that they exercise all the diligence of a good father of a family in the selection and
supervision of their employees.
14. The limited liability rule that the liability of the shipowner is limited to the captain or
crew’s gross negligence or willful acts.
False.
15. Failure to comply with the regulations of the MARINA indicates negligence for which the
common carrier can be held liable.
True. Negligence on the part of the captain and crew as well as the operator includes
failure to comply with the regulations issued by the MARINA on the safety of passengers.
(Transpo, Aquino, p.153)
16. If there is no assignment between the shipper and the carrier as to the route over which
the conveyance is to be made, the carrier may take the usual route which it deems best.
False. The carrier is obligated to follow the usual reasonable commercial or customary
route. (Transpo, Aquino, p. 154)
17. If the carrier took a route other than the route agreed upon by the shipper and the
carrier on the ground of force majeure, the shipper is not liable for any increase in the
transportation charges and in fact even entitled to damages which his goods suffered by
reason of deviation.
False. Art. 359. If there is an agreement between the shipper and the carrier as to the
road over which the conveyance is to be made, the carrier may not change route, unless
it be by reason of force majuere; xxx When on account of said force majuere, the carrier
had to take another route which produced an increase in transportation charges, he shall
be reimbursed for sich increase upon formal proof thereof.
18. The carrier fails to exercise extraordinary diligence if the accident occurred while the
vehicle is parked on “no parking” area.
True. The carrier fails to exercise extraordinary diligence if it will not comply with the
basic traffic rules. Also, Art. 2185 Civil Code. Unless there is proof to the contrary, it is
presumed that a person driving a motor vehicle has been negligent if at the time of the
mishap, he was violating any traffic regulation.
19. The carrier fails to exercise extraordinary diligence if at the time the accident happened,
the driver has an expired driver’s license which he cannot renew on time because all LTO
offices are closed during the lockdown.
True. (Transpo, Aquino, p. 164)
20. The carrier fails to exercise extraordinary diligence and is liable for injuries caused by an
explosion of firecrackers loaded in its bus because the employees did not inspect the
packages brought inside the bus.
False. Nocum v. Laguna Tayabas Bus Co.
21. The airline company fails to exercise extraordinary diligence and is liable for injuries
caused by an explosion of firecrackers loaded in the airplane because the employees did
not inspect the packages brought inside the airplane.
True. The carrier is not deemed to have exercised extraordinary diligence if it did not
exercise its duty to inspect as mandated by R.A 6235 (Transpo, Aquino, p 434). There is
therefore no room for the application of the ruling in Nocum v. Laguna Tayabas Bus Co
when an aircraft is involved. Unlike buses or jeepeneys, passengers and goods in aircraft
are subject to rigorous inspection under the above mentioned law. (Aquino, Transpo, p.
437)
22. A bill of lading is necessary for the perfection of a contract of carriage.
False. A contract of carriage is not a formal contract. A bill of lading is not necessary for
the perception of a contract of carriage. (Transpo, Aquino, p. 300)
23. A ticket is necessary for the perfection of contract of carriage by air.
False. Contract to carry is perfected even of no tickets have been issued
24. Without a bill of lading or ticket presented by the shipper or passenger to the carrier, the
obligation of the latter to exercise extraordinary diligence in transporting the goods or
passengers does not commence.
False. Due diligence shall be exercised the moment the goods are delivered to the
carrier; from the moment the person who purchase ticket presents himself at the proper
place and proper manner, if by train; from the moment the person with bona fide
intention of taking passage places himself in the care of the carrier or its employees and
is accepted as passenger, if by sea.
25. Ambiguity in a bill of lading is construed against the shipper.
False. The contract of adhesion is construed strictly against the party that prepared it.
(Federal Express Corporation v. Antonino)
26. A bill of lading becomes effective upon its delivery to and acceptance by the shipper.
True.
27. The shipper or the passenger is not bound by the terms and condition and can escape
responsibility under the bill of lading he signed on the grounds that he had no choice but
to adhere to the same if he wants his goods to be transported.
False. Acceptance of the bill without dissent raised the presumption that all the terms
therein were brought to the knowledge of the shipper and agreed to by him and, in the
absence of fraud or mistake, he is estopped from thereafter denying that he assented to
such terms. (Transpo, Aquino, p. 304)
28. The terms and conditions in a bill of lading can be proved, explained, or contradicted by
evidence aliunde.
False. A bill of lading is covered by parole evidence rule. (See definition in #66)
29. Under F.O.B the buyer bears the risk of loss while the goods are in transit.
False. In F.O.B the risk passes to the buyer at the F.O.B point. (Transpo, Aquino, p. 316)
30. Under C.I.F. the buyer assumes the risk of loss at the point of destination.
False.
31. The carrier can be held liable for accepting improperly packaged goods
True. Art. 1742. Even if the loss, destruction or deterioration of the goods should be
caused by the character of the goods, or the faulty nature of the packing or of the
containers, the common carrier must exercise due diligence to forestall or lessen the
loss.
32. The carrier shall ship the goods at the time and the manner stipulated or on the first
available shipments.
False. (?)
33. A bill of lading can only be issued in the name of a specified person and must be signed
by the captain within 24 hours after the cargo has been received on board.
False. A document of title can either be a bearer document or an order document (Art.
1507).
34. The Carriage of goods by sea act or COGSA applies if the goods are shipped from a
foreign port to the Philippines or shipped from the Philippines to a foreign port.
True. S ec. 1 COGSA
35. In the absence of a shipper’s declaration of a higher value of the goods in the bill of
lading, the liability of the carrier is the actual value of the goods or US 500 per package
whichever is lower.
False. Sec. 4 (5) COGSA. Neither the carrier nor the ship shall in any event be or become
liable for any loss or damage to or in connection with the transportation of goods in an
amount exceeding $500 per package xxx unless the nature and value of such goods have
been declared by the shipper before shipment and inserted in the bill of lading.
36. The indorsement and delivery of the bill of lading operates as delivery of the cargo.
False. N egotiation of the bill of lading operates as delivery (Art. 1513)
37. A passenger or shipper who suffered damages because of breach of contract of
transportation may sue the carrier for damages on the basis of culpa contractual or culpa
aquiliana.
False. C
ulpa contractual
38. The driver of the jeepney who bumped another vehicle and the owner of the jeepney are
both directly and primarily liable to pedestrians and passengers of the other vehicle who
are injured.
False. P assenger - true, pedestrian - false.
39. The liability of the captain, officers, and crew of the vessel is based on culpa contractual
or culpa aquiliana.
False. C ulpa aquiliana or culpa delictual
40. The driver of the jeepney who figured in an accident and the owner are both directly and
primarily liable to the passengers who are injured.
True.
41. In overland transportation and coastwise shipping, all claims for damages or average
against the carrier must be filed with the carrier by the shipper within 24 hours from
receipt of the goods.
False. Art. 366. The claim of damage must be filed immediately if the damage is
apparent; or the claim for damage must be made within 24 hours from receipt of the
merchandise if the damage is not apparent (i.e, the damage cannot be ascertained
merely from the outside packaging of the cargo)
42. A claim for conversion or misdelivery of the goods must also be filed within 24 hours with
the carrier from receipt of the goods.
False. P rior notice of claim does not apply to misdelivery of goods.
43. The filing of notice or claim within the 24-hour period is only for the convenience of the
parties and not a condition precedent for filing of a case.
False. The filing of claim actually constitutes a condition precedent to the accrual of a
right of action against a carrier for damages caused to the merchandise (Transpo,
Aquino, p. 282)
44. A request by the consignee of the goods for a bad order examination tolls the period for
the filing of formal notice of claim.
False.
45. In the case of successive carriers by agreement for combined services, the carrier
delivering the goods assumes the obligation of the preceding carrier.
True. “The quoted provision of the Warsaw Convention Art. 1(3) clearly states that a
contract of air transportation is taken as a single operation whether it is founded on a
single contract or a series of contracts. The number of tickets issued does not detract
from the oneness of the contract of carriage as long as the parties regard the contract as
a single operation. The evident purpose underlying this Article is to promote
international air travel by facilitating the procurement of a series of contracts for air
transportation through a single principal and obligating different airlines to be bound by
one contract of transportation.” (American Airlines vs. CA) Also, Art. 373 Code of
Commerce. A carrier who delivers merchandise to a consignee by virtue of agreements
or combined services with other carriers shall assume the obligations of the carriers who
preceded him, reserving his right to proceed against the latter if he should not be directly
responsible for the fault which gives rise to the claim of the shipper or of the consignee.
46. The consignee cannot refuse to accept delayed delivery of the goods.
False.
47. If the consignee refuses to pay the compensation due, the carrier has the right to
withhold delivery of the goods and may even hold the shipper or consignee liable for
damages.
True. Article 374. The consignees to whom the remittance may have been made can not
defer the payment of the expenses and transportation charges on the goods that they
received after twenty-four hours have elapsed from the time of the delivery; and in case
of delay in making this payment, the carrier may request the judicial sale of the goods he
transported to a sufficient amount to cover the transportation charges and the expenses
incurred
48. In coastwise shipping, overland and domestic transportation, the prescriptive period to
file an action for damages or loss of the goods covered by a bill of lading is 10 years.
True. Art 1155 of the NCC
49. In international carriage of goods by sea, all claims for damages must be filed with the
carrier within 3 days from receipt of the goods.
False. If damage is apparent claims should be filed immediately upon discharge of the
goods, and if the damage is non- apparent it is within 3 days from delivery. (Sec 3 (6)
COGSA)
50. The filing of claim within 3 days with the carrier is not mandatory, and not condition
precedent for filing a case.
True. If a notice of loss or damage (w/c is the filing of claim), either apparent or
concealed, is not given as provided for in this section, that fact shall not affect or
prejudice the right of the shipper to bring suit within one year after the delivery of the
goods or the date when the goods should have been delivered (Sec3 (6) COGSA)
51. In international carriage of goods, the prescriptive period to file an action for damages
for the loss of the goods is within 1 year from discharge of the goods.
True. (Sec 3(6) COGSA)
52. The carrier and the shipper may agree and stipulate in the bill of lading that the period to
file notice of claim for damages or average is 72 hours from receipt.
True. Philam Gen vs Sweet Lines. Note: Coastwise shipping stipulation in the bill of lading
is valid. Whereas, in international carriage of good by the sea it would be invalid.
53. In international carriage of goods, the prescriptive period to file an action for damages by
reason of the conversion or misdelivery of the goods is within 1 year from discharge of
the goods.
False. Domingo Ang vs American Steamship Agency. The prescriptive period does not
apply to misdelivery or conversion. Art 1155 of the NCC is the applicable law.
54. In international carriage of goods, the prescriptive period to file an action for damages by
reason of the delay in the delivery of goods is within 1 year from discharge of the goods.
False. One (1) year after delivery of the goods or the date (damaged) when the goods
should have been delivered (lost)
55. In international carriage of goods, the prescriptive period is suspended by a written
extrajudicial demand.
False. DOLE vs Maritime Company of the Philippines
56. Define deviation
A deviation is a departure from the intended voyage or contract of carriage. Any
departure from the customary route may be treated as a deviation.
57. Define transshipment
Transshipment is the act of taking cargo out of one ship and loading it in another or the
transfer of goods from the vessel stipulated in the contract of affreightment to another
vessel before the place of destination named in the contract has been reached.
58. Define FOB
Free On Board, is a transportation term that indicates that the price for goods includes
delivery at the seller's expense to a specified point and no further.
59. Define CIF
Cost, Insurance, Freight indicates that the price quoted by the seller includes the invoice
price plus insurance and freight.
60. Define moral damages
Art. 2217. Moral damages include physical suffering, mental anguish, fright, serious
anxiety, besmirched reputation, wounded feelings, moral shocks, social humiliation, and
similar injury. Though incapable of pecuniary computation, moral damages may be
recovered if they are the proximate result of the defendant's wrongful act or omission.
61. Define extraordinary diligence
Extraordinary diligence is the extreme measure of care and caution which persons of
unusual prudence and circumspection use for securing and preserving their own
property right.
62. Define culpa aquiliana, culpa contractual, culpa criminal
Quasi-delicts (Culpa aquiliana) is an act or omission which causes damages to another,
there being fault or negligence and there being no pre-existing contractual relationship
between the parties. Whoever causes such act or omission is obliged to pay for the
damage done. (Art. 2176)
63. Define contract of adhesion
A contract of adhesion is defined as one in which one of the parties imposes a
ready-made form of contract, which the other party may accept or reject, but which the
latter cannot modify. One party prepares the stipulation in the contract, while the other
party merely affixes his signature or his "adhesion" thereto, giving no room for
negotiation and depriving the latter of the opportunity to bargain on equal footing.
64. Define bill of lading
A bill of lading is a written acknowledgement, signed by the master of a vessel or other
authorized agent of the carrier, that he has received the described goods from the
shipper, to be transported on the expressed terms, to the described place of destination,
and to be delivered there to the designated consignee or parties.
65. Define seaworthiness
Seaworthiness means that the vessel is fit to withstand the rigors of the voyage, fit to
store the cargoes and accommodate passengers to be transported and adequately
equipped and properly manned
66. Define parole evidence rule
Under parole evidence rule, the terms of a contract are rendered conclusive upon the
parties, and evidence aliunde is not admissible to vary or contradict a complete and
enforceable agreement embodied in a document, subject to well defined exceptions.