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03

Gacal vs. PAL case summary

   
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Title: Gacal vs. PAL case summary
 
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Subject: Miscellaneous
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Date: May 1, 2009
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Length: 6 / 1430
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Hence, this petition. ISSUE Whether or not PAL is liable for damages HELD NO. Under Art 1733 of the Civil Code, common carriers are required to exercise extraordinary diligence in their vigilance over the goods and for the safety of passengers transported by them, according so all the circumstances of each case...
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They are presumed at fault or to have acted negligently whenever a passenger dies or is injured or for the loss, destruction or deterioration of goods in cases other than those enumerated in Article 1734 of the Civil Code. The source of a common carrier's legal liability is the contract of carriage, and by entering into said contract, it binds itself to carry the passengers safely as far as human care and foresight can provide...
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