COMMON CARRIER

NOTES:

1. The distinction between a "common or public carrier" and a "private or special carrier" lies in
the character of the business, such that if the undertaking is a single transaction, not a part of the
general-business or occupation, although involving the carriage of goods for a fee, the person or
corporation offering such service is a private carrier. In the case of private carriers, the exercise of
ordinary diligence in the carriage of goods will suffice.

2. In case of loss, destruction or deterioration of the goods, common carriers are presumed to
have been at fault or to have acted negligently, and the burden of proving otherwise rest on them.

3. The prevailing doctrine on common carriers makes the registered owner liable for
consequences flowing from the operations of the carrier, even though the specific vehicle involved may
already have been transferred to another person. This doctrine rests upon the principle that in dealing
with vehicles registered under the public service law, the public has the right to assume that the
registered owner is the actual or lawful owner thereof.

4. The Land transportation franchising and regulatory board, Maritime Industry Authority and
Civil Aeronautics Board may, on its own motion or on petition of any interested party, after due hearing,
cancel the certificate of public convenience granted to any common carrier that repeatedly fails to
comply with his or its industry to observe extraordinary diligence as prescribed in this section.

5. The right of the state to regulate public utilities is founded upon its police power, and statutes
for the control and regulation of utilities are a legitimate exercise thereof, for the protection of the
public as well as of the utilities themselves.

The liability of the common carrier is governed primarily by the civil code and in all matters not
regulated by said code, the rights and obligations of common carrier shall be governed by the code of
commerce and by special laws.