Legal Insights

Vicarious Liability and Common Carrier Duties: The Mendoza Case Explained

Learn how the Mendoza ruling clarifies employer liability for employee negligence and the obligations of common carriers in the Philippines.

Common Carriers and Stolen Goods: The Extraordinary Diligence Standard in the Philippines

Philippine law holds common carriers liable for stolen goods unless theft involved grave threat or irresistible force. Learn the extraordinary diligence standard.

Freight Forwarder Liability for Cargo Damage: Proving Negligence in Claims

A freight forwarder acting as a common carrier is presumed negligent when cargo arrives damaged. Learn the legal rules from a 2019 Supreme Court ruling.

When a Freight Forwarder Becomes a Common Carrier: Liability for Damaged Cargo

Philippine Supreme Court clarifies when a freight forwarder is treated as a common carrier and held liable for damaged goods under the Civil Code.

Extraordinary Diligence and Presumed Negligence in Common Carrier Accidents

A bus company's duty of extraordinary diligence extends beyond passengers to other road users, and traffic violations create a presumption of negligence.

Cargo Loss Liability: When Bad Weather Is Not a "Peril of the Sea"

Philippine Supreme Court clarifies when bad weather excuses a common carrier from cargo loss, defining "storm" and "peril of the sea."

Charter Party Agreements: How They Determine Carrier Status in Maritime Law

Philippine Supreme Court ruling on how time charter parties can convert common carriers into private carriers, affecting liability.

Common Carriers and Passenger Safety: Defining the Scope of Liability

The Supreme Court clarifies when a bus company is liable for a passenger's death caused by a co-passenger, distinguishing extraordinary diligence from ordinary care.

Common Carriers vs Arrastre Operators: Who Bears Liability for Cargo Damage?

Philippine Supreme Court clarifies when a common carrier's custody of cargo ends and an arrastre operator's begins, and when customs brokers become common carriers.

School Bus Operators Are Common Carriers: Extraordinary Diligence and Liability for Student Safety

A school bus operator is a common carrier bound by extraordinary diligence. The Supreme Court explains liability for student deaths.

Private vs Common Carrier: Who Bears Cargo Loss Under Insurance Policies

Philippine Supreme Court clarifies when a carrier is private or common, and how "other insurance" clauses affect liability for lost cargo.

Liability for Lost Goods: Common Carriers, Negligence, and Insurance Subrogation in the Philippines

Philippine Supreme Court ruling on common carriers' solidary liability for lost goods and insurer's subrogation rights under Article 2207.

Freight Forwarder Liability and the $500 Package Limitation Rule in Shipping Disputes

Philippine Supreme Court ruling on when a freight forwarder becomes a common carrier and the COGSA package limitation rule.

Common Carrier Defined: Resort Ferry Service Under Passenger Safety Rules

Supreme Court ruling that resort ferry services are common carriers, bound by extraordinary diligence for passenger safety.

Common Carriers and Fortuitous Events: Reassessing Liability in Passenger Injury Cases

The Supreme Court held that a bus company is not liable for a passenger's death when the collision was caused solely by a third-party truck's brake failure.

Stevedores and the Duty of Care: When Cargo Damage Is Not Negligence

Philippine Supreme Court clarifies that stevedores owe ordinary diligence, not the higher standard of common carriers, in loading and stowing cargo.

Shared Maritime Tragedy Determining Liability In Collision At Sea

The MV Doña Paz and MT Vector collision case clarifies liability rules for common carriers and vessel owners in Philippine maritime law.

Carrier Liability in Voyage Charters: Who Is Responsible When the Ship Isn't Yours

A common carrier cannot escape liability for lost cargo by claiming it did not own the vessel used. Philippine Supreme Court ruling explained.

Delsan Transport v. American Home Assurance: Common Carrier Liability and Delivery of Goods

Explaining Delsan Transport v. American Home Assurance on common carrier extraordinary diligence, delivery of goods, and liability for spillage.

Common Carrier Liability in the Philippines: Breach of Contract of Carriage Explained

Philippine common carriers face a presumption of negligence when passengers are injured or killed. Learn the rules and how to rebut them.

Common vs Private Carrier: Liability for Lost Cargo in Philippine Shipping

Philippine Supreme Court clarifies when a shipping company remains a common carrier despite a voyage charter, and its liability for lost cargo.

Extraordinary Diligence of Common Carriers: Liability for Cargo Loss in Fortuitous Events

When is a common carrier liable for lost cargo during a storm? The Supreme Court clarifies the rule on extraordinary diligence and fortuitous events.

Common Carriers, Fortuitous Events, and Evidence: Lessons from Lea Mer Industries

When a barge sank with insured cargo, the Supreme Court clarified when a common carrier can invoke a fortuitous event defense.

Common Carrier Liability: Negligence and Fortuitous Events in Cargo Loss

When cargo is lost at sea, who pays? Philippine law on common carriers, negligence, and the act of God defense explained.