PowerPoint presentation in legal aspect

1. Law On
Common
Carrier
The primary law that governs common carriers is the
civil code of the philippines as clearly implied from
the article 1766 thereof which states that “in all
matters not regulated by this code, the right and
obligations of common carrier shall be goverd by the
code of commerce and special laws”

2. Article 1732
Common carrier are person
corporation firms or
associations engaged in a
business of carrying, or
transporting or goods or
both, by land water or air
for compensation offering
thier service to the publc.

3. Carrier
Common carrier is defined as one holding itself out to
the public as engaged in the transportation of freight or
passenger for hire.' It is one who is in the business of
transporting goods or persons for hire, as a public utility.
Private carrier, in contrast, is not in the business of
transporting public employment, but hires out to deliver
goods (not passengers) in particular cases.

4. Case: The MV Vlasons I is a vessel which renders tramping service and,
as such, does not transport cargo or shipment for the general public. Its
services are available only to specific persons who enter into a special
contract of charter party with its owner. The term "FIOST" which is used
in the shipping business is a standard provision in the NANYOZAI
Charter Party which stands for "Freight In and Out including
Stevedoring and Trading," which means that the handling, loading, and
unloading of the cargoes are the responsibility of the charterer.
Moreover, it is in the capacity that its owner, Vlasons Shipping, Inc.,
entered into a contract of affreightment or contract of voyage charter
hire with National Steel Corporation. Is MV Vlasons I a common carrier
or a private carrier?

5. Case: Engracio Fabre, Jr. and his wife were owners of a 1982
model Mazd aminibus. They used the bus principally in
connection with a bus service for school children which t
operated in Manila. The couple had a driver, Porfirio J. Cabil,
whom they hired in 1981. His job was to take school children to
and from the St. Scholastica's College in Malate, Manil On
November 2, 1984, the Word for the World Christian Fellowship
Inc. (WWCF) arranged with Spouses Fabre for the transportation
of 33 members of its Young Adults Ministry from Manila to La
Union and back in consideration of P3,000. Are Spouses Fabre
considered common carrier or a private carrier?

6. Responsibility of the common
carrier
Article 1733
Common carriers, from the nature of their
business and for reasons of public policy, are
bound to observe extraordinary diligence in
the vigilance over the goods and for the
safety of the passengers transported by them,
according to all the circumstances of each
case.

7. Responsibility of the common
carrier
Article 1755.
A common carrier is bound to carry the
passengers safely as far as human care
and foresight can provide, using the
utmost diligence of very cautious
persons, with due regard for all the
circumstances.

8. Responsibility of the common
carrier
Article 1756.
In case of death of or injuries to passengers,
common carriers are presumed to have been
at fault or to have acted negligently, unless
they prove that they observed extraordinary
diligence as prescribed in Articles 1733 and
1755.

9. Responsibility of the common
carrier
Article 1757.
The responsibility of a common carrier for
the safety of passengers as required in
Articles 1733 and 1755 cannot be dispensed
with or lessened by stipulation, by the
posting of notices, by statements on tickets,
or otherwise.

10. Application of the Law
Case: Fortune Express is a bus company in Northern Mindanao. Diosdado Bravo,
the Operations Manager of Fortune Express received an investigation report
from the Philippine Constabulary Regional Headquarters at Cagayan de Oro City
that certain Maranaos are planning to take revenge on Fortune Express due to
an accident with a jeepney in Kauswagan, Lanao del Norte, resulting in the death
of two Maranaos. Bravo assured the Philippine Constabulary that certain
precautions in protecting lives and properties will be made. Normal operations
continued in Fortune Express without taking the necessary precautions (such as
frisking the passengers or inspecting their baggage before boarding the bus). It
was until November 22, 1989, when three armed Maranaos who pretended to
be passengers seized a bus of Fortune Express at Linamon, Lanao del Norte
while on its way to Iligan City. Shots ensued which resulted to the burning of the
bus, the injury of passengers, and the death of Atty. Caorong. Should Fortune
Express be held liable for the injury and death of its passengers due to the
hijacking of three armed Maranaos?

11. Enforcement of Liability of Common Carriers
1. In case of death or injury caused to passengers, the victim may file a
case of breach of contract of carriage or culpa contractual against the
owner of the common carrier.
2. In case of death or injury caused to a stranger or pedestrian, the victim
may file a criminal complaint against the driver of the common carrier for
reckless imprudence resulting in homicide and damage to property. The
victim may also file a civil suit against the common carrier and its driver
on the ground of culpa-aquiliana or quasi-delict.

12. Damages Recoverable from Common Carriers
In an action based on culpa contractual or culpa aquiliana, the damages that
are recoverable are as follows: actual damages, compensatory damages, moral
damages, exemplary damages, death indemnity and attorney's fees.
(a) Actual damages consist in expenses for medicine, hospitalization, etc.
(b) Unrealized profits are recoverable as compensatory damages which
shall be fixed by determining the net yearly income of the injured or
deceased passenger and multiplying the same by the number of years that
he was expected to live or lead a gainful existence as adetermined by
mortality tables of life insurance companies of the Philippines.

13. (c) Moral damages may be awarded when the mishap resulted in the
death of a passenger," or when the heirs of the deceased suffered mental
anguish," or when the carrier was guilty of fraud or bad faith, even if
death did not result. The big amount of damages will be awarded in view
of the importance of the person of the passenger.
(e) Award for death indemnity is in accordance with current rulings of the
Court."
(f) Award for attorney's fees may be recovered when exemplary
damages are awarded. Under Article 2008 of the Civil Code, attorney's
fees may be recovered when exemplary damages are awarded.
(g) In case moral damages cannot be awarded without proof of the
carrier's bad faith, ill will, malice or wanton conduct, nominal damages
may be allowed under the circumstances.

14. Seat Belt Law
The Seat belt Law was enacted to secure
and safeguard its citizenry, particularly
the passengers and drivers of private and
public motor vehicles, from the ruinous
and extremely injurious effects of
vehicular accidents.

15. The highlights of the law are as
follows:
(1) The driver and front seat passengers of a public vehicle are required to wear or use their seatbelt devices
while inside a vehicle of running engine on any road or thoroughfare. Any passenger who refuses to wear
seatbelts shall not be allowed to continue his/her trip.
(2) Infants and/or children aged six (6) years and below shall be prohibited to sit in the front seat of any running
motor vehicle.
3) It shall be unlawful for any person to import or cause the importation of any vehicle without appropriate and
operational seat belt devices.
4) For new vehicles, compliance is required for registration. Failure to comply shall disallow the registration
and/or renewal of the registration of vehicle at the LTO.

16. Application of the Law seat belt law
Case: Mr. Jorge San Jose is an operator of 100 units of taxicabs with Makati-
Cubao as the route area. Ronnie Boy, one of the drivers of the taxicabs being
operated by Mr. San Jose, was caught by a police officer who imposed a fine
on Ronnie Boy for not wearing any seatbelt at the time he was driving. In
Ronnie Boy's defense, Mr. San Jose stipulated that Ronnie Boy should not
have been imposed a fine because although the latter was not wearing the
same at the time he was driving, nevertheless the seatbelt was installed in
the taxicab in compliance with the Seatbelt Law. Is the police officer correct
in imposing a fine on Ronnie Boy who was caught not wearing a seatbelt at
that time?

17. Law on Transportation
of Animal
By virtue of Republic Act 84857, also
known as the Animal Welfare Act of 1998,
it shall be the duty of any operator of any
land, air or water public utility transporting
pets, wildlife and all other animals to
provide in all cases adequate, clean and
sanitary facilities for the safe conveyance
and delivery thereof to their consignee at
the place of confinement. These animals
shall be provided sufficient food and water
while in transit for more than (12) hours or
whenever necessary.

18. 1) Certificate of rabies vaccination for not less than 30 days; in case of
international carriage,a certificate of "5 in 1" vaccination (parvo influenza,
lepto, deworming, distemper andhepatitis) may also be required.
2) For agricultural animals, a certificate of clearance from the coggin test
and FMD (food and mouth disease) test is required.

19. Law on Importation
of Vehicles
There are relevant laws on the
importation of vehicles which may be
useful for the transportation business,
namely: Republic Act 7227 allows the
free flow of goods and capital within
the Subic Bay in Subic, Province of
Zambales in order to attract investors
to invest their capital in a business
climate with the least government
intervention.

20. Public Service Laws
Public service includes every person who may
own, operate, manage or control in the
Philippines for hire or compensation, with
general or limited clientele, whether permanent,
occasional or accidental, and done for general
business purposes, any common carrier. railroad
or street railway, traction railway, subway motor
vehicle, steamboat, or steamship line, ferries, and
water craft, shipyard, Unless otherwise exempt,
no public service shall operate without having
been issued a certificate of public convenience or
a certificate of public convenience and necessity.

21. Traffic Laws
Republic Act No. 4136,
which is enacted on June
20, 1964 is a compilation
of laws relative to traffic
rules and regulations.

22. (1) No motor vehicle shall be used or operated on or upon any public highway of the Philippines unless the
same is properly registered at the LTO.
(2) Tourists bringing their own motor vehicles to the Philippines may, without registering such motor vehicles,
use the same during but not after ninety days of their sojourn: Provided, That the motor vehicle displays the
number plates for the current year of some other country or state, and said number plates as well as the name
and address (permanent and temporary) of the owner thereof are registered in the Land Transportation
Commission prior to the operation of the motor vehicle.
(3)For public utility automobiles, application for registration shall be accompanied by a certificate of public
convenience and motor vehicles registered shall be subject to the Public Service Law, rules and regulations.
(4) No person shall operate any motor vehicle without first procuring a license to drive a motor vehicle for the
current year, nor while such license is delinquent, invalid, suspended or revoked.
(5) No person operating any vehicle shall allow more passengers or more freight or cargo in his vehicle than its
registered carrying capacity.
Rules on Registration of Motor Vehicles

23. Every vehicle must be provided
with sufficient car accessories
such as tires, brakes, horns,
headlights, taillights, stoplight,
windshield wipers, mufflers and
lights when disabled for the
security and safety of the motor
vehicle.

24. Restriction as to Speed
(1) Any person driving a motor vehicle on a highway shall drive the same at
a careful and prudent speed, not greater nor less than is reasonable and
proper, having due regard for the traffic, the width of the highway, and of
any other condition then and there existing; and no person shall drive any
motor vehicle upon a highway at such a speed as to endanger the life, limb
and property of any person, nor at a speed greater than will permit him to
bring the vehicle to a stop within the assured clear distance ahead.

25. (2) Subject to the provisions of the preceding paragraph, the rate of
speed of any motor vehicle shall not exceed the following:

26. Anti-Drunk and Drugged
Driving Act of 2013
Punishable Act. It shall be
unlawful for any person to drive a
motor vehicle while under the
influence of alcohol, dangerous
drugs and/or other similar
substances.

27. Sec. 6. Conduct of Field Sobriety, Chemical and Confirmatory Tests. A law
enforcement officer who has probable cause to believe that a person is driving
under the influence of alcohol, dangerous drugs and/or other similar substances
by apparent indications and manifestations, including over speeding, weaving,
lane straddling, sudden stops, swerving, poor coordination or the evident smell of
alcohol in a person's breath or signs of use of dangerous drugs and other similar
substances, shall conduct field sobriety tests
If the driver fails in the sobriety tests, it shall be the duty of the law enforcement
officer to implement the mandatory determination of the driver's blood alcohol
concentration level through the use of a breath analyzer or similar measuring
instrument.

28. If the law enforcement officer has probable cause to believe that a person is
driving under the influence of dangerous drugs and/or other similar
substances, it shall be the duty of the law enforcement officer to bring the
driver to the nearest police station to be subjected to a drug screening test
and, if necessary, a drug confirmatory test as mandated under Republic Act
No. 9165
Sec. 7. Mandatory Alcohol and Chemical Testing of Drivers Involved in
Motor Vehicular Accidents. - A driver of a motor vehicle involved in a
vehicular accident resulting in the loss of human life or physical injuries
shall be subjected to chemical tests, including a drug screening test and, if
necessary, a drug confirmatory test as mandated under Republic Act No.
9165, to determine the presence and/or concentration of alcohol, dangerous
drugs and/or similar substances in the bloodstream or body.

29. Sec. 8. Refusal to Subject Oneself to Mandatory Tests. A driver of a motor
vehicle who refuses to undergo the mandatory field sobriety and drug tests
under Sections 6, 7 and 15 of this Act shall be penalized by the confiscation and
automatic revocation of his or her driver's license, in addition to other penalties
provided herein and/or other pertinent laws."

30. Application of the Law
Case: Mr. Jasper Manabat, Chief Financial Officer of a
Makati hotel, was caught overspeeding by a police
officer at Ayala Avenue. In addition, the police officer
noticed that Mr. Manabat smelled alcohol in his
breath when being asked to show his driver's license.
Discuss the responsibility of the police officer in such
a situation.

31. Accreditation of Calesa
Drivers
A resident Filipino citizen
who is at least eighteen
(18) years of age,
physically and mentally fit
and of good moral
character may apply for
accreditation as calesa
driver."

32. The application accreditation shall be accompanied by following
documents:
A. Appropriate mayor's permit and/or municipal license;
B. Proof that the driver has passed a seminar for calesa driver conducted by the
Department or any organization duly authorized by the Department
C. Police clearance and/or barangay clearance
D.Certificate of good health issued by a duly licensed physician and veterinarian
for the calesa driver and horse, respectively
E. Other documents that the Department may require from time to time.

33. For purposes of accreditation, the following are the minimum requirements
for the operation and maintenance of a calesa:
a. Physical appearance of the carriage:
1. The carriage shall be made of good quality materials and shall be of
excellent workmanship.
2. It shall be neatly painted with a color/numeral markings duly prescribed or
assigned by the Department.
3. It shall have a non-skid stepping board.
4. It shall be clean, well maintained, and provided with comfortable seats.

34. B. Horse -The horse shall be in good physical condition.
C. Roadworthiness-The calesa shall be fit for operation on all public thoroughfares.
D. Seating capacity - The calesa shall have a maximum load of two (2) passengers.
E. First-Aid Kit-The calesa shall have a first-aid kit.
F. Horse Waste Receptacle-Every calesa shall have a horse waste receptacle at the rear end
of the horse below the tail.
Calesa Drivers - The drivers shall be trained, well groomed, courteous and shall wear the
prescribed uniform and DOT ID at all times during actual operating hours and shall provide
service that is safe, comfortable and convenient as possible. Moreover, they shall look after
the welfare of their respective horses.

35. H. Routes
1) The calesa shall serve routes which are considered tourist zone/belt areas and shall not
disrupt the normal flow of traffic.
2) The service shall be limited to the boundary of the city or municipality issuing the
pertinent mayor's permit or municipal license
I. Fares - The calesa driver shall charge only such fares for his services as may be
approved or fixed by any competent government agency,

36. Registration of Aircraft
Only aircraft owned by or leased to a citizen or citizens of the
Philippines, and which are not registered under the laws of any foreign
country may be eligible for registration.
Case: Grand Airline Company wants to engage in the business of carrying
passengers and goods by air. In addition, its pilots want to be licensed to
operate the aircraft of Grand Airline Company. In what government agency
should Grand Airline Company and its pilots apply s that it will be
accredited?

37. Regulation of the Shipping Industry
The Maritime Industry Authority (MARINA) was created on June 1, 1974
with the issuance of Presidential Decree No. 474 to integrate the
development, promotion and regulation of the maritime industry in the
country. It was originally placed under the Office of the President. With the
creation of the Ministry (now Department) of Transportation and
Communications by virtue of Executive Order No. 546 "the MARINA"
was attached to the DOTC for policy and program coordination on July 23,
1979

38. Regulation of the Land Transportation
The concept of land transportation system in the Philippines started when our
ancestors invented means of locomotion. The early means of transportation
used were animals in moving people and goods from place to place. Although
the means of land transportation during the early days were not as
sophisticated as the modern vehicles of today and the roads were not as well
constructed, the early Filipinos also observed some forms of laws to govern
their mobility. These laws were as informal and simple as specifying which
animal could be used for certain purposes. However, the existence of these
rules showed that our ancestors had already felt the need to regulate the
transportation system.

39. Standard Requirements for Tourist Water Transport
Vessels
There should be at least one restroom each with toilet and washing facilities
for male and female located at the passenger accommodation area. In
addition, there should be a common toilet and bath at the cabin area for long-
haul trip. Tissue paper, soap and hand/paper towel should also be provided.
A receptionist should be available to usher in guests. There should be a
refreshment area which should be well-stocked at all times. In case of long-
haul trips, a dining area capable of seating, at least, one-fourth (1/4) of the
total passengers at one serving should be provided with appropriate and
well-maintained furniture. There should be a promenade or airing space at
the upper deck for the exclusive use of passengers. There should be a
baggage area provided with racks or similar convenient and safe storage in
the passenger accommodation areas.

40. Standard Requirements for Tourist Land Transport
Vehicles
To be registrable, every tourist transport must be found roadworthy upon inspection by a team
from the Department of Tourism. In the case of bus or coaster, it shall not be more than ten
(10) years reckoned from the year of manufacture. For a tourist car, it shall not be more than
five (5) years reckoned from the year of manufacture, provided however, that tourist luxury
cars shall have a maximum allowable age of ten (10) years. For this purpose, luxury cars shall
refer to passenger cars with engine displacement of not less than 2190 cc and which are not
locally assembled/manufactured." Every tourist transport shall be provided with a left-hand
drive; it shall be properly equipped with adequate air-conditioning units; and it shall be
provided or installed with at least one portable fire extinguisher for the protection of its
passengers.

41. Standard Requirements for Tourist Air Transport
Adequate life-saving devices and adequate communication
equipment should be provided in accordance with the
requirements prescribed by the Air Transportation Office 3
Documents Required to Support Application for Accreditation to
Operate as Tourist Transport Operator

42. Accreditation of Motorized Boat/Banca Engaged in
Tourism Activities and Services
A motorized boat/banca engaged in tourist services shall mean a
vessel of 20 Gross Tonnage (GRT) and below engaged in providing
water transport services including sightseeing and water-related
tourism activities to foreign or domestic tourists for a fee or any
form of compensation." For purposes of accreditation, the
boat/banca should be made of good quality materials and in
accordance with MARINA standards.

43. The boat/banca should be provided with the following equipment:
(a) Life-saving and firefighting equipment and facilities;
(b) Adequate number of lifevest as specified in the MARINA Certificate of
Inspection to be given to and worn by passengers upon boarding;
(c) Adequate number of required firefighting facilities in accordance with the
Philippine Merchant Marine Rules and Regulations (PMMRR); and
(d) First-aid kit with adequate supply of emergency medicines.