quiz:

public service- ncludes every person that now or hereafter 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. with or without fixed route

ferry - has been defined by many courts as ‘a public highway or thoroughfare across
a stream of water or river by boat instead of a bridge. implies short distances. if
longer = coastwise or interisland shipping which requires a new cpc.

public service act - may be revoked only by willful act and in the absence no
public service law may certificate may be revoke.

cpc is a property with material value can be transfferred but with respect to
public interest it cannot be interfered without due process of law.

rate fixing - Delegata potestas non potest delegari

- contrary to public interest = due notice and hearing

proof of Filipino citizenship, financial capability, public need, and sufficient

insurance cover to protect the riding public.

In determining public need, the presumption of need for a service shall be deemed
in favor of the applicant. The burden of proving that there is no need for a
proposed service shall be with the oppositor.

Certificate of Public Convenience and Necessity is issued to a public service for

which a franchise is required by law, as distinguished from a "Certificate of
Public Convenience" which is an authorization issued for the operation of public
services for which no franchise, either municipal or legislative, is required by
law

franchise may be derived indirectly through a duly designated agency.

"the" service is intertwined with main business and can be availed by anyone.

sanchez brokerage - liable for damage if apparent improper packing but still
continue to carry.

extraordinary diligence in goods - know and follow required precaution with

greatest skill and foresight using all reasonable means and ascertaining the nature
of goods for proper handling.

travel agency - not common carrier nor private carrier. good father diligence

de guzman - cpc is not a requisite for incurring liability. grave or irresistable

threat force

pipeline - common carrier applying the test.

erezo doctrine - registered owner rule

lim ca - if public is not prejudiced and the evil sought to be prevented doesnt
exist. no need to apply kabit system.

in pari delicto - no relief from court. leave each party to their own.

boundary system = where driver is considered a lessee , operator cannot escape

liability, also its a violation to psl for reckless trips for money.

THE POLICY BEHIND THE RULE IS TO ENABLE THE VICTIM TO FIND REDRESS BY THE EXPEDIENT
RECOURSE OF IDENTIFYING THE REGISTERED VEHICLE OWNER IN THE RECORDS OF THE LAND
TRANSPORTATION OFFICE.

in common carrier = jointly and severally liable

Private carrier is one who, without holding himself or itself out to the public as
ready to act for all who may desire his or its services, undertakes, by special
agreement in a particular instance only, to transport goods or persons from one
place to another either gratutitously or for hire. The diligence required of a
private carrier is only ordinary

test - the undertaking is a part of the activity that he has held out to the
general public as his business or occupation

not only ewd triangular reflector is needed but also flares 100m away. lamp is also
allowed. baliwag

Carriage to be performed hereunder by several successive carriers is regarded as a

single operation

agent is liable for damages which the principal may suffer by reason of its
negligent.

*some case they are not absolute insurers of the public at large

dangwa - A public utility once it stops, is in effect making a continuous offer to

bus riders even in slow motion.

Stepping and standing on the platform of the bus is already considered a passenger
and is entitled all the rights and protection pertaining to such a contractual
relation

*failure to bring to hospital = proof of negligence.

-contract begins from entereing the premise and is presumed intended to avail the
service.
-liability of the driver is only his negligent acts. ( not bound by contract )

charter demise not affreightment charter (voyage or time)

good father diligence in selection does not cease their liability.

de guzman case

-carrier must the one to prove the grave threat.

contract is what the law defines it to be and not what it is called by the
contracting parties

-absnet proof of lease it is common carrier.

-exclusive contractor not common carrier

must observe ordinary diligence in the performance of its obligation under a

contract of towage