Defense Available for a Common Carrier

When it comes to contracts for the transportation of goods or passengers, common carriers have specific defenses at their disposal:

For Contracts of Goods Transportation:

1. The damage, loss, or deterioration resulted from one of the situations specified in Article 1734 of the New Civil Code;

2. The carrier exercised extraordinary diligence in fulfilling the terms of the contract for carriage; and,

3. The goods were seized or destroyed through the order of public authority.

For Contracts of Passenger Transportation:

1. Observance of extraordinary diligence;

2. Doctrine of Respondent Superior; and,

3. Doctrine of Last Clear Chance.

THE SUPREME COURT DECIDES: When a party dies and no heir is willing to substitute them in the case, the appeal can be denied without passing upon the substantive issues of the case, as any disposition on the merits of the case ceases to have any practical value.

Recognizing these developments and the lack of a substitute party for Raymond, the Supreme Court noted that without his participation or that of his heirs, any decision on the case’s merits would be moot. Therefore, the Court granted the respondents’ Motion for Dismissal of Appeal, denying the Petition for Review without addressing the substantive issues raised.

Why choose ALBURO LAW?

Alburo Alburo & Associates Law Offices:

• Have labor law and business law as our main fields of practice. For almost a decade now, we have been helping businesses improve their productivity and profitability by helping them comply with relevant laws, rules, and regulations.

• Observe high standards of excellence.

• Always consider innovative approaches to effectively address the legal concerns of our clients, covering a wide range of industries such as food, manufacturing, chemicals, real estate, retail and wholesale trade, and services in fields such as information technology, human resources, security, training, process outsourcing and other manpower services, among many others.

Contact us: 09778050020 | 09778050015 | (02) 7745-4391

Email us: [email protected] | [email protected]

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