Commercial Laws 2

  I. Common Carriers

 A. Common Carriers in General

  1.  Definition of common carrier Art. 1732 of the New Civil Code (NCC)
  2.  Tests for determining whether a party is a common carrier
  3.  Common carrier vs. private carrier
  4. Contract to Carry vs. Contract of Carriage
  5.  Parties to a contract of carriage of goods and of passengers
  6.  Laws governing contracts of carriage/transportation contracts
  7. Classification of transport network vehicle services and transport network companies
  8. Diligence required of common carriers (Art. 1733, NCC)
  9. Liabilities of common carriers

 Cases:

  1. De Guzman v. CA, G.R. No. L-47822 December 22, 1988
  2. Caltex (Philippines), Inc. v. Sulpicio Lines, et al., G.R. No. 131166, September 30, 1999
  3. Coastwise Lighterage Corporation v. CA, G.R. No. 114167 July 12, 1995
  4. Calvo v. UCPB General Insurance Co., Inc., G.R. No. 148496, March 19, 2002
  5. Sps. Cruz v. Sun Holidays, Inc., G.R. No. 186312, June 29, 2010
  6. First Philippine Industrial Corporation v. CA, G.R. No. 125948, December 29, 1989
  7. Crisostomo v. CA, G.R. No. 138334, August 25, 2003
  8. Sps. Perena v. Sps. Nicolas, G.R. No. 157917, August 29, 2012
  9. Asia Lighterage and Shipping Inc. v. CA, G.R. No. 147246, August 9, 2003
  10. Westwind Shipping Corp. v. UCPB General Insurance Co., Inc. & Asian Terminal, Inc., G.R. No. 200289, November 25, 2013

 B. Vigilance over Goods (Arts. 1734 to 1754, NCC)

  1. Liability from loss; presumption of negligence
  2.  Exemption from liability
  3. Delay in delivery of cargo
  4. Contributory negligence
  5. Duration of liability 
    1. Delivery of goods to common carrier
    2. Actual or constructive delivery
    3. Temporary loading or storage
  6. Stipulation for limitation of liability. 
    1.  Void stipulations 
    2. Limitation of liability to fixed amount 
    3. Limitation of liability in the absence of declaration of greater value
  7. Liability for baggage of passengers
C. Safety of Passengers (Arts. 1755 to 1763, NCC) 
  1. Nature of responsibility/liability 
  2. Duration of liability 
  3. Presumption of negligence 
  4. Limitations of liability; validity of stipulations 
  5. Responsibility for acts of others
    1. Employees 
    2. Strangers and other passengers
  6. Contributory negligence
  7. Liability for quasi-delict
  8. Liability of common carriers for injury to stevedores
D. Common Provisions 
  1. Extent of liability for damages (Art. 1764, NCC)
  2. State regulation of common carriers (Art. 1765, NCC)
Cases:
  1. Compania Maritima v. Insurance Company of North America, G.R. No. L-18965, October 30, 1964
  2. Yobido v. Tumboy, G.R. No. 113003, October 17, 1997
  3. Mauro Ganzon v. CA, G.R. No. L-48757, May 30, 1988
  4. Mckee v. Tayag, G.R. No. L-68102, July 16, 1992
  5. Delsan Transport Lines, Inc. v. American Homes Assurance Corporation, G.R. No. 149019, August 15, 2006
  6. Samar Mining Company, Inc. v. Nordeutscher Lloyd, G.R. No. L-28673, October 23, 1984
  7. Sulpicio Lines, Inc. v. Sesante, G.R. No. 172682, July 27, 2016
  8. Easter and Australian Steamship Co., Ltd. v. Great American Insurance Co., G.R. No. L-37604, October 23, 1981
  9. St. Paul Fire & Marine Insurance Co. v. Macondray & Co., Inc., G.R. No. L-27796, March 25, 1976
  10. Loadstar Shipping Co. v. CA, G.R. No. 131621, September 28, 1999
  11. Philippine Airlines, Inc. v. Lorenzana, G.R. No. 70481, December 11, 1992
  12. Aboitiz Shipping Corp. v. Viana, G.R. No. 84458, November 6, 1989
  13. Dangwa Transportation Co., Inc. v. Cudiamat, G.R. No. 95582, October 7, 1991
  14. Light Rail Authority v. Natividad, G.R. No. 145804, February 6, 2003
  15. Sulpicio Lines, Inc. v. Pamalaran, G.R. No. 106279, July 14, 1995
  16. La Mallorca v. CA, G.R. No. L-20761, July 27, 1966
  17. G.V. Florida Transport, Inc. v. Heirs of Battung, G.R. No. 208802, October 14, 2015
  18. Pilapil v. CA, G.R. No. 52159, December 22, 1989

II. Maritime Law

A. General Concepts
  1. Definition of Maritime Law
  2.  Vessel
B. Limited Liability Rule
  1. Real and Hypothecary Liability
  2. Doctrine of Limited Liability
  3. Applicability of the Limited Liability Rule
  4. Exceptions to the Limited Liability Rule
C. Persons involved in Maritime Commerce
  1. Shipowners and Ship Agents
  2. Captains and Masters of the Vessel
  3. Officers and Crew of the Vessel
  4. Supercargoes
  5. Harbor Pilot
D. Special Contracts of Maritime Commerce
  1. Charter Parties
  2. Bill of Lading
  3. Loans on Bottomry and Respondentia
E. Accidents and Damages in Maritime Commerce
  1. Averages
  2. Collisions
  3. Arrival Under Stress
  4. Shipwreck
F. Salvage Law

G. Carriage of Goods by Sea Act (COGSA)


Insurance law in the Philippines
1. Presidential Decree No. 612 as amended by Republic Act No. 1060
Other laws governing insurance

2. Contract of Insurance
  1. Definition (Section 2)
  2. Elements of an insurance contract
  3. Characteristics/nature of insurance contracts
  4. Perfection of the insurance contract
  5. Classification of insurance contracts under the Insurance Code
  6. Contract of suretyship
  7. Business of insurance - What constitutes doing or transacting an insurance business
  8. Construction of insurance contracts
  9. What may be insured (Sections 3 to 5)
  10. Parties to insurance contracts (Sections 6 to 9)

4. Rescission of Insurance Contracts
  1. Concealment (Sections 26 to 35)
  2. Representation; Misrepresentation (Sections 36 to 48)
  3. Warranties; Breach (Sections 67 to 76)
5. Policy
  1. Form and content
  2. Types of policy
  3. Cancellation of policy
6. Premium

7. Claims Settlement and Subrogation
  1. Notice and proof of loss
  2. Subrogation
  3. Prescription of action
8. Double Insurance; Overinsurance

9. Reinsurance

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