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LMG 13: Other Commercial Laws: Final Term: Public Utilities and Transportation Laws

This document outlines the syllabus for a course on public utilities and transportation laws. The course will cover topics over 4 weeks, including an introduction to public utilities and transportation, regulations of public utilities, common carriers in general and of goods, and common carriers of passengers. For each topic, the syllabus lists sub-topics to be discussed along with relevant cases and activities like lectures, discussions, and case analysis. The goal is to provide students an overview of the legal framework and principles governing public utilities and transportation in the Philippines.

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0% found this document useful (0 votes)
80 views5 pages

LMG 13: Other Commercial Laws: Final Term: Public Utilities and Transportation Laws

This document outlines the syllabus for a course on public utilities and transportation laws. The course will cover topics over 4 weeks, including an introduction to public utilities and transportation, regulations of public utilities, common carriers in general and of goods, and common carriers of passengers. For each topic, the syllabus lists sub-topics to be discussed along with relevant cases and activities like lectures, discussions, and case analysis. The goal is to provide students an overview of the legal framework and principles governing public utilities and transportation in the Philippines.

Uploaded by

Justin Yañez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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DEPARTMENT

OF LEGAL MANAGEMENT
College of Arts and Sciences
San Beda College- Manila


LMG 13: OTHER COMMERCIAL LAWS
Final Term: Public Utilities and Transportation Laws
- J.P. Del Rosario

COURSE SYLLABUS
DURATION TOPICS ACTIVITIES


I. INTRODUCTION • Discussion
1
Week 11 • Recitation
a. Public Utility, explained • Lecture
• Debate
b. Transportation, defined
• Case
c. Extent of Public Service or Use
Digests
Tatad v. Garcia, G.R. No. 114222, April 6, 1995 and
d. Contract of Carriage / Transportation Analysis
- Carriage of Passengers
- Carriage of Goods

II. REGULATION

a. State Regulations of Public Utilities (Art. 1765, NCC)
b. Constitutional provisions / limitations
c. Certificate of Public Convenience
d. Registered Owner Rule
Equitable Leasing Corp. v. Suyom, G.R. No. 143360,
September 5, 2002;
Benedicto v. IAC, 187 SCRA 547, July 19, 1990;
BA Finance Corp. v. CA, 215 SCRA 715, November 13, 1992
e. “Kabit System”
Lim vs. CA, G.R. No. 125817, January 16,2002
f. “Boundary System”
Jardin v. NLRC, G.R. No. 119268, February 23, 2000
g. Governing laws


III. COMMON CARRIERS IN GENERAL • Discussion
Week 12-13 • Recitation
a. Definition of Common Carrier (Art. 1732, NCC) • Lecture
• Debate
Bascos v.CA, 221 SCRA 318, April 7, 1993;
• Case
National Steel Corp. v. CA, 283 SCRA 45, December 12, 1997
Digests
b. Private Carrier and
Calvo v. UCPB General Insurance Terminal Services Inc. G.R. Analysis
148496, March 19, 2002;
Home Insurance Co. v. American Steamship Agencies, 23
148496, March 19, 2002;
Davao Stevedore Co. v. Fernandez, 54 O.G. No. 5, 1957
d. Nature and Basis of liability (Art. 1733, NCC)
-Culpa Contractual; Culpa Aquilana and Culpa Criminal
Cangco v. Manila Railroad Co. 38 Phil 768, October 14, 1918
Medina v. Cresencia, 99 Phil 506, July 11, 1956

IV. COMMON CARRIER OF GOODS

i. Obligations over the goods
- Duty to accept the goods
- Duty to deliver the goods
- Duty to exercise extraordinary diligence
ii. Liability for loss; Presumption of negligence (Arts. 1734, 1735, NCC)
iii. Effects of delay; Oft-repeated rule
Saudo Jr. v. CA, G.R. No. 95536, March 23, 1992
Maerskline v. CA, 222 SCRA 108, May 17, 1993
iv. Exemption from liability (Arts. 1734, 1739, 1742, 1743, 1744, NCC)
a. Natural disaster
Tan Chiong Sian v. Yngchausti & Co., 22 Phil 152, March 18, 1912;
b. Act of public enemy
c. Act of shipper
Compania Maritima v. CA, 164 SCRA 685, August 29, 1988
d. Character of goods
Government of the Philippines v. Ynchausti & Co. 40 Phil 219,
September 29, 1919
e. Order of competent authority
Ganzon v. CA, 161 SCRA 646, May 30, 1988
f. Other causes of force majeure
Quisumbing, SR. v. CA, 189 SCRA 605, September14, 1990
v. Duration of Liability (Art. 1736-1738, NCC)
Lu do vs. Binamara, 101 Phil 120, April 22, 1957
Ganzon v. CA, 161 SCRA 646, May 30, 1988
Macam v. CA, G.R. No. 125524, August 25, 1999
vi. Stipulation for limitation of liability (Arts. 1744-1754 NCC)
a. As to diligence required
Home Insurance Co. v. American Steamship Agencies, 8Z23 SCRA 24,
April 4, 1968
b. As to amount of liability
H.E. Heacock Co. v. Macondary & Co., 42 Phil 205, October 3, 1921
Eastern Shipping Lines, Inc. v. IAC, 150 SCRA 463.
Everett Steamship Corp. v. CA, 297 SCRA 496, October 8, 1988.
c. Factors affecting agreement; presumption of negligence
d. Passenger’s baggage
Alitalia v. IAC, 192 SCRA 9, December 4, 1990
Sarkies Tours Phil., Inc. v. CA, 280 SCRA 58, October 2, 1997


V. COMMON CARRIERS OF PASSENGERS • Discussion
Week 14 • Recitation
a. Nature of responsibility (Art. 1732, 1733, 1755 NCC) • Lecture
b. Duration of liability
Aboitiz Shipping v. CA, GR No. 84458, November 6, 1989;
Jesusa Vda Nueca, et al. v. Manila Railroad Company, CA-No. 31731,
1968;
LRTA v. Natvidad, GR. 145804, February 6, 2002
c. Presumption of negligence (Art. 1756 NCC)
Sy v. Malate Taxicab & Garage, Inc. 102 Phil 482, November 29, 1957;
PAL v. NLRC, 124 SCRA 583, September 2, 1983;
Mallari, Sr. v. CA, 324 SCRA 147, January 31, 2000
d. Limitations of liability (Arts. 1757, 1758 NCC)
Lara v. Valencia, 104 Phil 65, June 30, 1958
e. Liability for acts of employees (Arts. 1759, 1760 NCC)
De Gillaco v. MRR, 97 Phil 844, December 18, 1955
f. Liability for acts of strangers; co-passengers (Art. 1763 NCC)
MRR c. Ballesteros, 16 SCRA 641, April 29, 1966;
Fortune Express, Inc. v. CA, 305 SCRA 14, March 18, 1999
g. Duty of Passenger, Effect of contributory negligence (Arts.
1761-1762 NCC)
Brinas v. People, 125 SCRA 687, November 25, 1983;
Philippine National Railways v. CA, 139 SCRA 87, October 4, 1985;
Dangwa Transportation Co., Inc. v. CA, 205 SCRA 574, October 7, 1991
h. Liability for Quasi-delict
Calalas v. CA, 332 SCRA 356, May 31, 2000;


VI. MARITIME LAW AND ADMIRALTY • Discussion
Week 15-16 • Recitation
i. Characteristics of Maritime Transaction • Lecture
• Debate
a. Real Nature
• Case
Luzon Stevedoring Corp. v. CA, GR. No. L-58897, December 1987
Digests
b. Hypothecary Nature and
Aboitiz Shipping Corp., v. General Accident Fire and Life Assurance Analysis
Corp GR. 100446
ii. Vessels, meaning and registration
P.D. 474 (Reorganization of Maritime Functions in the Philippines
a. Acquisition of Vessels (Art. 573, Com. Code)
Rubiso v. Rivera, 37 Phil 72, October 30, 1917
b. Prescription (Art. 573, Com. Code)
iii. Doctrine of Limited Liability
a. No vessel, no liability
Luzon Stevedoring v. Escano, 154 SCRA 169
b. Exceptions
c. Abandonment of the vessel, instances
iv. Parties in Maritime Commerce, functions and liabilities
a. Ship owners and ship agents
b. Captains and masters of the vessel
c. Officers and crews
d. Supercargoes
e. Pilot
v. Charter Party
a. Charter Party in general
(Arts. 669-678, Com. Code)
d. Rights and obligations of a charterer
(Arts. 679-687, Com. Code)
e. Rescission of a Charter Party
(Arts. 688-690, Com. Code)
vi. Loan on Bottomry and Respondencia
a. Difference (Arts. 719, 725 Com. Code)
vii. Applications of Doctrines
a. Doctrine of Last Clear Chance
b. Doctrine of Res Ipsa Loquitur
viii. Maritime Protest
ix. Accidents and Damages in Maritime Commerce
a. Averages (Art. 806, Com. Code)
General Average (Arts. 811-812 , Com. Code)
-Requisites
Particular Average (Art. 809, Com. Code)
Rule on “Jettisoning” of goods (Art. 815, Com. Code)
b. Collision and Allision (Arts. 826-831, Com. Code)
Error in Extremis
(Urrutia and Co. v. Baco River Plantation Co. GR. No. 7675, March 25,
1913)
Doctrine of Inscrutable Fault
c. Arrival Under Stress (Arts. 819-821, Com. Code)
d. Shipwreck (Art. 841, Com. Code)


VII. AIR TRANSPORATION • Discussion
Week 17 • Recitation
i. Philippine aircraft, defined • Lecture
ii. Warsaw Convention (WC) of 1929 • Debate
• Case
a. Purpose
Digests
b. Applicability and non-applicability and
c. International air transportation Analysis
d. Airway bill
-Functions
e. Liability of the carrier for damages (Art. 17-19, WC)
f. Limitation of liability (Art. 22, WC)
-Passenger
-Checked-in baggage
-Hand-carried baggage
-Goods to to be shipped
Alitalia v. IAC, 192 SCRA 9, December 4, 1990
- -
WEEK 18
FINAL EXAMINATION
(Coverage is the whole of LAW OF INTELLECTUAL PROPERTY LAWS and
PUBLIC UTILITIES AND TRANSPORTATION LAWS)

Reference materials:

• Law on Transportation by Rufus Rodriguez (Manila: Rex Bookstore, 2004).

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