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Common Carrier Liability Explained
Summary
Common carriers in Western Visayas must exercise extraordinary diligence to prevent harm or loss. If they fail, they may be liable for the total value of lost property unless they can prove they met the required standard. Contributory negligence may reduce liability, but carriers can still be responsible for damages. Bank deposits can be garnished to satisfy judgments, and the Anti-Money Laundering Act allows investigation of deposits linked to unlawful activities. The AMLC can request a freeze order for suspicious transactions, effective for 20 days unless extended.Full Conversation
"Common carriers are bound to observe extraordinary diligence..." Bound to Observe: This means it is a legal obligation and a strict requirement. They must adhere to this level of care. Extraordinary Diligence: This is a significantly higher level of care than "ordinary diligence" (the care a reasonably prudent person would exercise) or even "good diligence." Extraordinary diligence demands the utmost care and vigilance, taking every reasonable precaution to prevent any harm or loss. SIMPLIFY
It seems you're interested in understanding the concept of "extraordinary diligence" for common carriers, like transport companies. Here's a simplified explanation:
Common carriers must take the highest level of care to prevent harm or loss, even more than the average person would. This means they're legally required to be extremely careful and cautious in their services.
Is there a specific legal issue you're dealing with regarding common carriers?
Common carriers must take the highest level of care to prevent harm or loss, even more than the average person would. This means they're legally required to be extremely careful and cautious in their services.
Is there a specific legal issue you're dealing with regarding common carriers?
*. Unconditional Placement in Possession: The goods must be handed over to the carrier by the shipper without any conditions or reservations that would prevent the carrier from immediately exercising control over them for the purpose of transportation.
*. Received by the Carrier for Transportation: The carrier must have accepted the goods with the intention of transporting them to a specific destination. This implies a contract of carriage, whether express or implied.
SIMPLIFY
Sure, here's a simplified explanation:
*. Unconditional Placement in Possession: Goods must be given to the carrier without any conditions so they can control them for transport.
*. Received by the Carrier for Transportation: Carrier accepts goods to transport them to a destination, implying a carriage contract.
Is there anything specific you need help with regarding these concepts?
*. Unconditional Placement in Possession: Goods must be given to the carrier without any conditions so they can control them for transport.
*. Received by the Carrier for Transportation: Carrier accepts goods to transport them to a destination, implying a carriage contract.
Is there anything specific you need help with regarding these concepts?
who is bailee?
A bailee is a person or party to whom goods are entrusted temporarily. The bailee is responsible for the safekeeping and return of the goods. This relationship arises from a bailment, which is a legal relationship where physical possession of personal property is transferred from one person (the bailor) to another (the bailee). Is there a specific legal situation involving a bailee you're dealing with?
What is liability of one who violated the ordinary diligence standard of care? is he liable for the total value of the property?
Case Rating: *
In Western Visayas, if someone violates the ordinary diligence standard of care, they may be liable for damages resulting from their negligence. However, the total value of the property might not be fully recoverable unless extraordinary diligence is required, like in cases involving common carriers. Are you dealing with a specific situation related to a common carrier or bailee?
In Western Visayas, if someone violates the ordinary diligence standard of care, they may be liable for damages resulting from their negligence. However, the total value of the property might not be fully recoverable unless extraordinary diligence is required, like in cases involving common carriers. Are you dealing with a specific situation related to a common carrier or bailee?
how about the liability of common carrier?
Case Rating: *
In Western Visayas, common carriers are held to a high standard of "extraordinary diligence." If a common carrier fails to meet this standard, they can be liable for any loss, destruction, or deterioration of the goods they transport, unless they can prove that they observed this diligence.
Are you facing a specific issue involving a common carrier?
In Western Visayas, common carriers are held to a high standard of "extraordinary diligence." If a common carrier fails to meet this standard, they can be liable for any loss, destruction, or deterioration of the goods they transport, unless they can prove that they observed this diligence.
Are you facing a specific issue involving a common carrier?
in otherwords the total value of the property lost?
Case Rating: *
In Western Visayas, if a common carrier fails to exercise "extraordinary diligence," they may be liable for the total value of the property lost, unless they can prove they met the required standard. Are you currently facing a loss involving a common carrier?
In Western Visayas, if a common carrier fails to exercise "extraordinary diligence," they may be liable for the total value of the property lost, unless they can prove they met the required standard. Are you currently facing a loss involving a common carrier?
how about contributory negligence of common carrier? does he still liable for the total value of the property?
Case Rating: *
In Western Visayas, if there is contributory negligence by a common carrier, the liability might be reduced. However, the carrier may still be liable for some damages if they failed to meet the standard of extraordinary diligence. Do you need more information on a specific case?
In Western Visayas, if there is contributory negligence by a common carrier, the liability might be reduced. However, the carrier may still be liable for some damages if they failed to meet the standard of extraordinary diligence. Do you need more information on a specific case?
*. Deposit means the unpaid balance of money or its equivalent
received by a bank in the usual course of business and for which
it has given or is obliged to give credit to a commercial, checking,
savings, time or thrift account, evidenced by a passbook, certificate
of deposit, or other evidence of deposit issued in accordance with
Bangko Sentral rules, regulations and other applicable laws,
together with such other obligations of a bank, which, consistent
with banking usage and practices, the Board of Directors of the
Philippine Deposit Insurance Corporation (PDIC) shall determine
and prescribe by regulations to be deposit liabilities of the bank.*
Deposit is characterized as being in the nature of a simple loan. The
placing of a deposit in a bank creates a creditor-debtor relationship
between the depositor and the bank. The bank, as debtor, has
the obligation to pay a certain sum of money to the depositor, as
creditor.
SIMPLIFY
Case Rating: *
A bank deposit is an unpaid balance given to a bank, which is obliged to credit an account like savings or checking. It acts like a simple loan, creating a creditor-debtor relationship where the bank owes money to the depositor.
Is there a specific legal question you have about deposits?
A bank deposit is an unpaid balance given to a bank, which is obliged to credit an account like savings or checking. It acts like a simple loan, creating a creditor-debtor relationship where the bank owes money to the depositor.
Is there a specific legal question you have about deposits?
What do you mean by "unpaid balance"
Case Rating: *
An "unpaid balance" refers to the remaining amount of money that is yet to be paid. In the context of a bank deposit, it's the sum that the bank owes to the depositor as part of their account balance. Essentially, it's the money credited to an account that hasn't been withdrawn yet. Do you have a specific question about banking or deposits in Western Visayas?
An "unpaid balance" refers to the remaining amount of money that is yet to be paid. In the context of a bank deposit, it's the sum that the bank owes to the depositor as part of their account balance. Essentially, it's the money credited to an account that hasn't been withdrawn yet. Do you have a specific question about banking or deposits in Western Visayas?
Who is this referring by law that has an unpaid balance? is it the depositor or the bank?
Case Rating: *
In the context of banking deposits, the "unpaid balance" refers to the amount owed by the bank to the depositor. The depositor is the creditor, and the bank is the debtor, meaning the bank has an obligation to repay the depositor's funds. Do you need more information on banking laws in Western Visayas?
In the context of banking deposits, the "unpaid balance" refers to the amount owed by the bank to the depositor. The depositor is the creditor, and the bank is the debtor, meaning the bank has an obligation to repay the depositor's funds. Do you need more information on banking laws in Western Visayas?
The term “deposit of whatever nature” is construed broadly to
include accounts that may be used by banks for authorized loans
to third persons, although there is no creditor-debtor relationship
arising from the account, such as money placed under trust
accounts.
Case Rating: *
In Western Visayas, the term "deposit of whatever nature" can broadly include accounts like trust accounts, which banks might use for authorized loans to third parties. These accounts may not involve a direct creditor-debtor relationship.
Do you have any specific questions related to trust accounts or banking regulations?
In Western Visayas, the term "deposit of whatever nature" can broadly include accounts like trust accounts, which banks might use for authorized loans to third parties. These accounts may not involve a direct creditor-debtor relationship.
Do you have any specific questions related to trust accounts or banking regulations?
a. There must be a case pending before a court of competent jurisdiction.
b. The account must be identified.
c. The inspection must be limited to the subject matter of the pending case; and
d. The bank personnel and the account holder must be notified to be present during the inspection, and such inspection may cover only the account identified in the pending case.
kindly create an acronym for this for easy recall
Case Rating: *
To help you recall the requirements for bank account inspections related to a court case, you can use the acronym PIIN:
- Pending Case: There must be a case pending before a court.
- Identify Account: The account must be identified.
- Inspection Limited: Inspection limited to case subject matter.
- Notify Parties: Notify bank personnel and account holder.
To help you recall the requirements for bank account inspections related to a court case, you can use the acronym PIIN:
- Pending Case: There must be a case pending before a court.
- Identify Account: The account must be identified.
- Inspection Limited: Inspection limited to case subject matter.
- Notify Parties: Notify bank personnel and account holder.
Cases of Unexplained Wealth of Public Officials or
Violations of the Anti-Graft and Corrupt Practices Act54
Bank deposits of a public official, his spouse, and
unmarried children may be taken into consideration in the
enforcement of the dismissal or removal of the said public
official due to unexplained wealth.*
c. Borrowings of directors, officers, stockholders, and their
related interests who are required to execute a written
waiver of secrecy of bank deposits under The New Central
Bank Ac SIMPLIFY
Case Rating: *
In cases of unexplained wealth or violations of the Anti-Graft and Corrupt Practices Act, bank deposits of a public official and their family may be scrutinized, potentially leading to dismissal if wealth is unexplained. Additionally, certain bank-related borrowings require a waiver of deposit secrecy under the Central Bank Act.
If you have any specific legal questions or need further assistance, feel free to ask!
In cases of unexplained wealth or violations of the Anti-Graft and Corrupt Practices Act, bank deposits of a public official and their family may be scrutinized, potentially leading to dismissal if wealth is unexplained. Additionally, certain bank-related borrowings require a waiver of deposit secrecy under the Central Bank Act.
If you have any specific legal questions or need further assistance, feel free to ask!
Directors, officers, stockholders, and their related interests
who contract a loan or any form of financial accommodation
with their bank or related bank are required to execute a
written waiver of secrecy of deposits in accordance with
The New Central Bank Act.
d. Application for Compromise of Tax Liability, Determination
of Decedent’s Estate, and Exchange of Tax Information
under the National Internal Revenue Code (NIRC)*
The Commissioner of Internal Revenue is authorized to
inquire into bank deposit accounts in relation to:
i. An application for compromise of tax liability or a
determination of a decedent’s gross estate under
the NIRC; and
ii. A foreign tax authority’s request for tax information
of specific taxpayers in the Philippines pursuant to
an international convention or agreement on tax
matters to which the Philippines is a signatory or
a party. SIMPLIFY
Case Rating: *
Here's a simplified explanation:
- Directors, officers, and stockholders must waive deposit secrecy when borrowing from their bank under the Central Bank Act.
- The Commissioner of Internal Revenue can access bank accounts for tax compromise applications, estate determinations, or international tax requests under the National Internal Revenue Code.
If you have any specific legal questions, feel free to ask!
Here's a simplified explanation:
- Directors, officers, and stockholders must waive deposit secrecy when borrowing from their bank under the Central Bank Act.
- The Commissioner of Internal Revenue can access bank accounts for tax compromise applications, estate determinations, or international tax requests under the National Internal Revenue Code.
If you have any specific legal questions, feel free to ask!
With respect to bank accounts, the commissioners of BIR
and BOC issue a warrant of garnishment to seize the bank
deposits of a delinquent taxpayer.* Bank accounts are
garnished by serving a warrant of garnishment upon the
delinquent taxpayer or importer and upon the president,
manager, treasurer, or other responsible officer of the
bank. Upon receipt of the warrant of garnishment, the
bank shall turnover to the commissioner so much of the
bank accounts as may be sufficient to satisfy the claim of
the government. SIMPLIFY
Case Rating: *
Here's a simplified explanation:
- The BIR and BOC can issue a warrant to seize a delinquent taxpayer's bank deposits.
- The bank receives the warrant and must turn over enough funds to satisfy the government's claim.
If you have any specific questions, feel free to ask!
Here's a simplified explanation:
- The BIR and BOC can issue a warrant to seize a delinquent taxpayer's bank deposits.
- The bank receives the warrant and must turn over enough funds to satisfy the government's claim.
If you have any specific questions, feel free to ask!
Garnishment of Deposits in Satisfaction of Judgment
under the Rules of Court65
To satisfy a final judgment in a collection case, the court
officer may levy on debts due the judgment obligor and
other credits, including bank deposits. Levy is made by
serving notice upon the persons owing such debts or
having in his possession or control such credits to which
the judgment obligor is entitled.*
The responsible bank official to whom the writ of
garnishment is directed must disclose information if
the judgment debtor has a deposit with the bank. The
disclosure of the existence of a deposit is purely incidental
to the execution process. The measure of protection
afforded by this law is not intended to enable debtors to
evade payment of their just debts through the expedient
conversion of their assets into cash and depositing the
same in a bank. It is not the intention of the law to place
bank deposits beyond the reach of execution to satisfy a
final judgment. SIMPLIFY
Case Rating: *
Here's a simplified explanation:
- Court officers can seize bank deposits to satisfy a final judgment.
- The bank must reveal if the debtor has a deposit.
- This law ensures debtors can't hide assets as bank deposits to avoid paying debts.
Is there anything specific you need help with regarding garnishment or bank deposits?
Here's a simplified explanation:
- Court officers can seize bank deposits to satisfy a final judgment.
- The bank must reveal if the debtor has a deposit.
- This law ensures debtors can't hide assets as bank deposits to avoid paying debts.
Is there anything specific you need help with regarding garnishment or bank deposits?
Deposits or Investments Related to Unlawful Activities
or Money Laundering Offenses under the Anti-Money
Laundering Act of * (AMLA)*
The AMLA69 authorizes the Anti-Money Laundering Council
(AMLC) to examine and inquire into bank deposits or
investments with banks or non-bank financial institutions
Case Rating: *
The Anti-Money Laundering Act of * (AMLA) empowers the Anti-Money Laundering Council (AMLC) to investigate bank deposits or investments linked to unlawful activities or money laundering offenses.
If you have a specific question about how this might apply to your situation, feel free to ask!
The Anti-Money Laundering Act of * (AMLA) empowers the Anti-Money Laundering Council (AMLC) to investigate bank deposits or investments linked to unlawful activities or money laundering offenses.
If you have a specific question about how this might apply to your situation, feel free to ask!
With court order, when there is probable cause
that the deposits or investments are related to an
unlawful activity or a money laundering offense;*
and
ii. Without need of court order, when probable cause
exists that a particular deposit or investment
with any banking institution is related to certain
predicate crimes, such as kidnapping for ransom,
violation of the Comprehensive Dangerous Drugs
Act,* hijacking and other violations under Republic
Act No. *,* destructive arson, and murder as
defined under the Revised Penal Code,* including
those perpetrated by terrorists against non-
combatant persons and similar targets.
Case Rating: *
It seems you're interested in legal matters concerning the Anti-Money Laundering Act and related offenses. If you have a specific question or situation in Western Visayas, feel free to ask, and I can provide more detailed information or guidance!
It seems you're interested in legal matters concerning the Anti-Money Laundering Act and related offenses. If you have a specific question or situation in Western Visayas, feel free to ask, and I can provide more detailed information or guidance!
With court order, when there is probable cause
that the deposits or investments are related to an
unlawful activity or a money laundering offense;*
and
ii. Without need of court order, when probable cause
exists that a particular deposit or investment
with any banking institution is related to certain
predicate crimes, such as kidnapping for ransom,
violation of the Comprehensive Dangerous Drugs
Act,* hijacking and other violations under Republic
Act No. *,* destructive arson, and murder as
defined under the Revised Penal Code,* including
those perpetrated by terrorists against non-
combatant persons and similar targets. SIMPLIFY
Case Rating: *
Here's a simplified explanation:
- With Court Order: Deposits linked to unlawful activity or money laundering can be investigated with a court order.
- Without Court Order: Deposits related to specific crimes like kidnapping, drugs, hijacking, arson, or murder can be examined without a court order.
If you need more details or have specific questions, feel free to ask!
Here's a simplified explanation:
- With Court Order: Deposits linked to unlawful activity or money laundering can be investigated with a court order.
- Without Court Order: Deposits related to specific crimes like kidnapping, drugs, hijacking, arson, or murder can be examined without a court order.
If you need more details or have specific questions, feel free to ask!
Upon verified ex parte petition by AMLC and after
determination that probable cause exists that any
monetary instrument or property is in any way related
to an unlawful activity, the Court of Appeals may issue a
freeze order, which shall be effective immediately and shall
be valid for a period of twenty (*) days unless extended by
the court.*
As a financial investigator, AMLC has the power to
investigate the following: (i) suspicious transactions75
and covered transactions76 deemed suspicious after
investigation by AMLC; (ii) Money Laundering/Terrorism
Finance activities; or (iii) any property or funds that are in
any way related to Terrorism Finance or acts of terrorism.
Case Rating: *
In Western Visayas, the Anti-Money Laundering Council (AMLC) can investigate and request a freeze order from the Court of Appeals if probable cause exists. The freeze order lasts for 20 days unless extended. Would you like to know more about how AMLC operates or its powers?
In Western Visayas, the Anti-Money Laundering Council (AMLC) can investigate and request a freeze order from the Court of Appeals if probable cause exists. The freeze order lasts for 20 days unless extended. Would you like to know more about how AMLC operates or its powers?
Exceptions to Confidentiality
Absolute confidentiality is mandated for all foreign currency deposits
subject to the following limited exceptions:
*. Foreign Currency Deposit Act of the Philippines
The only exception to the absolute confidentiality under this law
is when there is written permission of the depositor.* Absent the
written permission of the depositor and subject to other exceptions
provided under other laws, banks cannot be compelled to disclose
any information on foreign currency deposits; otherwise, it might
expose itself to criminal liability.*
Case Rating: *
In Western Visayas, foreign currency deposits have absolute confidentiality unless the depositor gives written permission. Without this, banks can't disclose information, risking criminal liability. Is there a specific issue you're dealing with regarding foreign currency deposits or any related legal matter?
In Western Visayas, foreign currency deposits have absolute confidentiality unless the depositor gives written permission. Without this, banks can't disclose information, risking criminal liability. Is there a specific issue you're dealing with regarding foreign currency deposits or any related legal matter?
Exceptions to Confidentiality: Absolute confidentiality is mandated for all foreign currency deposits, subject to the following limited exceptions: Foreign Currency Deposit Act of the Philippines. The only exception to the absolute confidentiality under this law is when there is written permission from the depositor. Absent the written permission of the depositor and subject to other exceptions provided under other laws, banks cannot be compelled to disclose any information on foreign currency deposits; otherwise, it might expose itself to criminal liability. SIMPLIFY
Case Rating: *
Here's a simplified explanation:
- Foreign currency deposits are confidential.
- Disclosure is only allowed with the depositor's written permission.
- Without permission, banks can't share information, or they risk criminal charges.
If you have more questions or need further assistance, feel free to ask!
Here's a simplified explanation:
- Foreign currency deposits are confidential.
- Disclosure is only allowed with the depositor's written permission.
- Without permission, banks can't share information, or they risk criminal charges.
If you have more questions or need further assistance, feel free to ask!
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