A. WHAT IS A “
- Persons, corporations, firms or associations engaged in the business of carrying or transportingpassengers or goods or both, by land, water, or air, for compensation, offering their services to the public.
(Art. 1732, Civil Code)
.- One that holds itself out as ready to engage in the transportation of goods for hire as a publicemployment and not as a casual occupation.
(De Guzman vs. Court of Appeals, No. L-47822, December 22,1988)
B. CHARACTERISTICS OF A COMMON CARRIER
Art. 1732 of the Civil Code avoids any distinction between one whose principal business is thecarrying of persons or goods or both, and one who does such carrying only as an ancillary activity(sideline).
It also avoids a distinction between a person or enterprise offering transportation service on aregular or scheduled basis and one offering such service on an occasional, episodic or unscheduledbasis.
Article 1732 does not distinguish between a carrier offering its services to the general public, that is the general community or population, and one who offers services or solicits business only froma narrow segment of the general population.
A person or entity is a common carrier even if he did not secure a Certificate of PublicConvenience
The Civil Code makes no distinction as to the means of transporting, as long as it is by land, wateror air.
The Civil Code does not provide that the transportation should be by motor vehicle.
A person or entity may be a common carrier even if he has no fixed publicly known route,maintains no terminals, and issues no tickets.
Undertakes to carry for all people indifferently and thus is liable for refusal without sufficient reason
(Lastimoso vs. Doliente, 3 SCRA , );
Cannot lawfully decline to accept a particular class of goods for carriage to the prejudice of thetraffic in these goods;
No monopoly is favored
(Batangas Trans. vs. Orlanes, 52 Phil. 455)
Provides public convenience.
C. TESTS WHETHER A PARTY IS A COMMON CARRIER OF GOODS:
It must be engaged in the business of carrying goods for others as a public employment and must hold itself out as ready to engage in the transportation of goods generally as a business and not as acasual occupation;
It must undertake to carry goods of the kind to which its business is confined;
It must undertake to carry by the method by which his business is conducted and over itsestablished roads; and
The transportation must be for hire.
(First Philippine Industrial Corp. v. CA, 300 SCRA 661, [1998)
Test whether a party is a common carrier
FIRST PHILIPPINE INDUSTRIAL CORP. VS. COURT OF APPEALS(101 SCRA 661, 1998)Facts:
Petitioner is a grantee of a pipeline concession under R.A. No. 387, as amended, a contract, installand operate oil pipelines. The original pipeline concession was granted in 1967 and renewed by theEnergy Regulatory Board in 1992.