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    22 Asia Lighterage V CA

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    Frances Angelica Domini Ko
    Petitioner Asia Lighterage was contracted to transport cargo by barge but the cargo was lost when the barge sank. The insurer indemnified the consignee and sought recovery from Asia Lighterage. Both lower courts ruled in favor of the insurer. The Supreme Court affirmed finding that Asia Lighterage qualified as a common carrier under the law despite its limited operations. The Civil Code defines common carriers broadly as those engaged in transporting goods for compensation and offering services to the public, with no requirements regarding scale or regularity of operations. As Asia Lighterage met this definition, it was liable for the lost cargo as a common carrier.

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    22 Asia Lighterage V CA

    Uploaded by

    Frances Angelica Domini Ko
    27 views1 page
    Petitioner Asia Lighterage was contracted to transport cargo by barge but the cargo was lost when the barge sank. The insurer indemnified the consignee and sought recovery from Asia Lighterage. Both lower courts ruled in favor of the insurer. The Supreme Court affirmed finding that Asia Lighterage qualified as a common carrier under the law despite its limited operations. The Civil Code defines common carriers broadly as those engaged in transporting goods for compensation and offering services to the public, with no requirements regarding scale or regularity of operations. As Asia Lighterage met this definition, it was liable for the lost cargo as a common carrier.

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    Transportation Law

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    22 Asia Lighterage v CA

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    Petitioner Asia Lighterage was contracted to transport cargo by barge but the cargo was lost when the barge sank. The insurer indemnified the consignee and sought recovery from Asia Lighterage. Both lower courts ruled in favor of the insurer. The Supreme Court affirmed finding that Asia Lighterage qualified as a common carrier under the law despite its limited operations. The Civil Code defines common carriers broadly as those engaged in transporting goods for compensation and offering services to the public, with no requirements regarding scale or regularity of operations. As Asia Lighterage met this definition, it was liable for the lost cargo as a common carrier.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    27 views1 page

    22 Asia Lighterage V CA

    Uploaded by

    Frances Angelica Domini Ko
    Petitioner Asia Lighterage was contracted to transport cargo by barge but the cargo was lost when the barge sank. The insurer indemnified the consignee and sought recovery from Asia Lighterage. Both lower courts ruled in favor of the insurer. The Supreme Court affirmed finding that Asia Lighterage qualified as a common carrier under the law despite its limited operations. The Civil Code defines common carriers broadly as those engaged in transporting goods for compensation and offering services to the public, with no requirements regarding scale or regularity of operations. As Asia Lighterage met this definition, it was liable for the lost cargo as a common carrier.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    ASIA LIGHTERAGE & SHIPPING v.

    CA In this case, the principal business of Asia Lighterage is that of a lighterage and drayage
    GR NO. 147246 / AUG 19, 2003 / PUNO, J. / DEFINITION AND TEST OF COMMON CARRIER CONCEPT / and it offers its barges to the public for carrying or transporting goods by water for
    KO compensation. It is clearly a common carrier.
    NATURE Petition for Review
    PETITIONERS Asia Lighterage and Shipping, Inc The court also applied the test of a common carrier laid down in Bascos v CA. The test to
    RESPONDENTS Court of Appeals, and Prudential Guarantee and Assurance, Inc determine a common carrier is “whether the given undertaking is a part of the business
    engaged in by the carrier which he has held out to the general public as his occupation
    SUMMARY.Petitioner was contracted as a carrier to deliver to the consignee’s warehouse in rather than the quantity or extent of the business transacted.” In this case, Asia
    Pasig. The cargo, however, never reached the consignee as the barge that carried the cargo Lighterage admitted that it is engaged in the business of shipping and lighterage, offering
    sank completely, resulting in damage to the cargo. Private respondent, as insurer, its barges to the public, despite its limited clientele for carrying or transporting goods by
    indemnified the consignee for the lost cargo and thus, as subrogee, sought recovery from water for compensation.
    petitioner. Both the trial court and the appellate court ruled in favor of private respondent.
    DOCTRINE. Art. 1732 of the Civil Code defines common carriers as persons, corporations, DECISION.
    firms, or associations engaged in the business of carrying or transporting passengers or Petition denied. The decision of the CA is affirmed.
    goods or both, by land, water, or air, for compensation, offering their services to the public.

    FACTS.
     Asia Lighterage was contracted as a carrier by General Milling (consignee) to deliver a
    cargo to its warehouse in Pasig. However, the cargo never reached General Milling as the
    barge that carried the cargo sank.
     Prudential Guarantee and Assurance indemnified General Milling for the lost cargo and
    sought to recover from Asia Lighterage and filed a complaint for recovery. Asia
    Lighterage filed a counterclaim.
     RTC: Dismissed Asia Llighterage’s counterclaim and held it liable to Prudential Guarantee
    and Assurance

    ISSUES & RATIO.


    1. WON Asia Lighterage is a common carrier – YES.
    A common carriers is a person, corporation, firm, or association engaged in the
    business of carrying or transporting passengers or goods or both, by land, water, or
    air, for compensation, offering their services to the public.

    Art. 1732 of the Civil Code defines common carriers as persons, corporations, firms, or
    associations engaged in the business of carrying or transporting passengers or goods or
    both, by land, water, or air, for compensation, offering their services to the public.

    It was held that the definition of common carriers in Art. 1732 of the Civil Code makes no
    distinction between one whose principal business activity is the carrying of persons or
    goods or both, and one who does such carrying only as an auxiliary activity. The court also
    did not distinguish between a person or enterprise offering transportation service on a
    regular or scheduled basis and one offering such service on an occasional, episodic or
    unscheduled basis.

    Further, the court ruled that Art. 1732 does not distinguish between a carrier offering its
    services to the general public and one who offers services or solicits business only from a
    narrow segment of the general population. A common carrier also need not have a fixed
    and publicly known routes. Neither does it have to maintain terminals or issue tickets.

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