Laws Applicable:
FACTS:
- Atty. Leovigildo Tandog and Rogelio Tiro bought tickets for Tagbilaran City via the port of Cebu
- Since many passengers were bound for Surigao, M/S "Sweet Hope would not be proceeding to Bohol
- They went to the proper brancg office and was relocated to M/S "Sweet Town" where they were forced to agree "to hide at the cargo section to avoid inspection of the officers of the Philippine Coastguard." and they were exposed to the scorching heat of the sun and the dust coming from the ship's cargo of corn grits and their tickets were not honored so they had to purchase a new one
- They sued Sweet Lines for damages and for breach of contract of carriage before the Court of First Instance of Misamis Oriental who dismissed the compalitn for improper venue
- A motion was premised on the condition printed at the back of the tickets -dismissed
- instant petition for prohibition for preliminary injunction
ISSUE: W/N a common carrier engaged in inter-island shipping stipulate thru condition printed at the back of passage tickets to its vessels that any and all actions arising out of the contract of carriage should be filed only in a particular province or city
HELD: NO.petition for prohibition is DISMISSED. Restraining order LIFTED and SET ASIDE
- contract of adhesion
- not that kind of a contract where the parties sit down to deliberate, discuss and agree specifically on all its terms, but rather, one which respondents took no part at all in preparing
- just imposed upon them when they paid for the fare for the freight they wanted to ship
- We find and hold that Condition No. 14 printed at the back of the passage tickets should be held as void and unenforceable for the following reasons
- circumstances obligation in the inter-island ship
- will prejudice rights and interests of innumerable passengers in different s of the country who, under Condition No. 14, will have to file suits against petitioner only in the City of Cebu
- subversive of public policy on transfers of venue of actions
- philosophy underlying the provisions on transfer of venue of actions is the convenience of the plaintiffs as well as his witnesses and to promote 21 the ends of justice