First Philippine Industrial Corporation vs.

CA

Based on Article 1732 NCC, there is no doubt that petitioner is a common carrier. It is engaged in the
business of transporting or carrying goods, i.e. petroleum products, for hire as a public employment. It undertakes to
carry for all persons indifferently, that is, to all persons who choose to employ its services, and transports the goods
by land and for compensation. The fact that petitioner has a limited clientele does not exclude it from the definition of
a common carrier. (De Guzman Ruling upheld)
Respondents argument that the term common carrier as used in Section 133(j) of the Local Government
Code refers only to common carriers transporting goods and passengers through moving vehicles or vessels either
by land, sea or water is erroneous. The definition of common carriers in NCC makes no distinction as to the means
of transporting as long as it is by land, water or air. It does not provide that the transporting of the passengers or
goods should be by motor vehicle.