Professional Documents
Culture Documents
C ● G
ive some examples of safety
AWS REGULATING TRANSPORTATION
L measures that may be undertaken or
COMPANIES implemented by shipping companies.
Questions heprimarylawthatgovernscommon
T
carriers is theCivilCodeofthePhilippinesas
● W hat do you think are responsibilities clearly implied in Article 1766 thereof which
of marine vessel staff when selling states that "in all matters not regulated by
tickets? this Code, the rights and obligations of
● Why should shipping companies common carriers shall be governed by the
observe the capacity limit of the Code of Commence and special laws."
marine vessels they operate?
● What kind of penalties may be The Law
imposed on shipping companies that
violate? rticle 1732. Common carriers
A
● What government agency regulates are persons, corporations, firms, or
the seaworthiness of marine vessels? occasions engaged in the business of
carrying or transporting passengers or
oods or both, by land, water, or air, f or
g t ransportation service for afee.Acarrierthat
compensation,offeringtheir services t o does not qualify under the above test is
the public. deemed a privatecarrier.Generally,privateis
undertaken by special agreement and the
Discussion of the Law carrier does not hold himself out to carry
goods for the general public. The most
A common carrier is defined as one typical, although not only form of private
oldingitselfouttothepublicasengagedin
h carriage, is the charter party, a maritime
the transportationoffreightorpassengerfor contractbywhichthecharterer,apartyother
hire. It is one who is in the business of than the shipowner, obtains the use and
transporting goods or persons for hire, as a service of all or some part of a ship for a
public utility. A private carrier,incontrast,is period of timeoravoyageorvoyages.Inthis
not in the business of transporting public regard, distinction mustbemadebetweena
employment, but hires out to deliver goods voyage charter and a bareboat charter. In
(notpassengers)inparticularcases.Boththe case of a voyage charter or timecharter,the
Civil Code of Commerce give clear-cut same is limited to theshiponly,anditscrew
divisions between contracts of carriage of members are still under thedirectcontrolof
cargoandcontractsofcarriageofpassengers the shipowner, in which case,suchshipmay
becausetherightsanddefensesineachkind beclassifiedasacommoncarrier.However,a
of contracts are different from the other. bareboatordemisecharterincludesboththe
vessel and crew under the direct control of
pplication of the Law (Private Carrier of
A the charterer, in such case, the ship may
Goods Based on a Charter Agreement) already be classified as a private carrier.
The Law
t he damaged tire to have it vulcanized at a
Article 1759. Common carriers nearby shop, about 700 meters away.
re liable for the death or injuries to
a Pedrano left his helper, Jose Mitante, Jr. to
passengersthroughthenegligenceorwillful keep watch over the stalled vehicle, and
acts of the former's employees, although instructed the latter to place a spare tire six
suchemployeesmayhaveactedbeyondthe feetawaybehindthestalledtrucktoserveas
scopeoftheir authorityorinviolationof a warning for oncoming vehicles.Thetruck's
the orders of the common carriers. taillights were also left on.
Isthebuscompanyliableforthedeath
of Felisa Arriesgado?
Application of the Law
egalOpinion:Yes,thebuscompanyisliable
L
ase: At about 10:00 p.m. of March 15, 1987,
C for thedeathofFelisaArriesgado.Itissucha
the cargo truck marked "Condor Hollow firmly established principle that the
BlocksandGeneralMerchandise"wasloaded negligence of the employee gives risetothe
with firewood in Bogo, Cebu City. Upon presumptionofnegligenceonthepartofthe
reachingSitioAggies,Poblacion,Compostela, employer.Thisispresumednegligenceinthe
Cebu, just as the truck passedoverabridge, selection and supervision of employee. The
one of its rear tires exploded. The driver, theory of presumed negligence, in constant
Sergio Pedrano, then parked along the right with the American doctrine of respondent
side of the national highway and removed superior, where the negligence of the
mployeeisconclusivelypresumedtobethe
e amages
D Recoverable from Common
negligence of the employer, is clearly Carriers
deducible from the last paragraph of Article
2180oftheCivilCodewhichprovidesthatthe I n an action based on a culpa
responsibilitythereinmentionedshallceaseif contractual or culpa aquiliana, the damages
the employees prove that they observed all that are recoverable are as follows: actual
the diligence of a good father of a family to damages, compensatory damages, moral
prevent damages. damages, exemplary damages, death
indemnity and attorney's fees. Nominal
Indeed,Laspiñas'negligenceindriving damages may be awarded in case moral or
t hebusisapparentintherecords.Byhisown exemplary damages may not be awarded.
admission, he had just passed a bridge and
was traversing the highway of Compostela, a. Actual damages consist in
Cebu as a speed of 40 to 50 kilometers per expenses for medicine,
hour before the collision occurred. The hospitalization, etc.
maximum speed allowed by lawonabridge b. Unrealized profits are recoverable
is only 30 kilometers per hour. And as as compensatory damages which
correctly pointed out by the trial court, shall be fixed by determininginthe
petitioner Laspiñas also violated Section 35 next yearly income of theinjuredor
andtheLandTransportationandTrafficCode, deceased passenger and
R.A.No.4136.Anydefenseofthebuscompany multiplying the same by the
on efficiency and in-service training of its number of years that he was
driversisinsufficienttoprovethatitobserved expected to live or lead a gainful
the diligence of a good father of a family in existence as determined by
the selection and supervision of his mortality tables or life insurance
employees. companies of the Philippines.
nforcement
E of Liability of Common c. Moral damages may be awarded
Carriers when the mishap resulted in the
death of a passenger, or when the
Theliabilityofcommoncarrierscanbe heirs of the deceased suffered
enforced on the following causes of action: mental anguish,orwhenthecarrier
wasguiltyoffraudorbadfaith,even
( 1) In case of death or injury caused to if death did not result. The big
passengers, the victim may file a case of amountofdamageswillbeawarded
breach of contract of carriage or culpa in view of the importance of the
contractual against the owner of the person of the passenger.
common carrier. d. Exemplary or corrective damages
are awarded by way of example or
( 2) In case of death or injury caused to correction of the public good, or
strangerorpedestrian,thevictimmayfilea when the common carrier acted in
criminal complaint against the driver of the wanton, reckless and oppressive
common carrier for reckless imprudence manner. While the immediate
resulting in homicide and damage to beneficiaries of the standard of
property. The victim may also file a civil suit extraordinary diligence are, of
againstthecommoncarrieranditsdrivenon course, the passengers and owners
the ground of culpa aquiliana or quasi-delict. of cargo carried bycommoncarrier,
they are not the only persons that
t he law seekstobenefit.Article2231 t hat all the provisions thereof are prepared
oftheCivilCodeexplicitlyauthorizes and drafted only by the carrier. The only
the imposition of exemplary participation left of the other partyistoaffix
damages in case of quasi-delicts "if his signature thereto. In such situation, the
the defendant acted with gross Supreme Court ruled that the terms thereof
negligence. must be interpreted against the party who
e. Award for death indemnity is in drafted the same, in this case the carrier.
accordance with current rulings of
the Court.
f. Award for attorney's fees may be Discussion of the Law
recovered when exemplary
damagesareawarded.UnderArticle uch contracts of adhesion are not
S
2008 of the Civil Code, attorney's entirely prohibited and are in fact binding
fees may be recovered when regardlessofwhetherornotthepassengeror
exemplarydamagesareawarded.In shipper had read the provisions thereof.
the case of Metro Manila Transit
Corporation v. CourtofAppeals[298 hus, it was held that even if the passenger
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SCRA 945](1998)itwasheldthatan had not signed the plane ticket, he is
award of P50,000 as attorney's fees neverthelessboundbytheprovisionsthereof.
is reasonable. Such provisions have been held to be a part
g. In case moral damages cannot be of the contract of carriage,validandbinding
awarded without proof of the upon the passenger regardlessofthelatter's
carrier's bad faith, ill will, malice, or lackofknowledgeorassenttotheregulation.
wanton conduct, conduct nominal The one who adheres to the contract is in
damagesmaybeallowedunderthe reality free to reject it entirely; if he adheres,
circumstances. Nominal damages he gives his consent. Even if the conditions
may be awarded as provided under areprintedinsmalllettersdoesnotmakethe
Articles 2221 and 2222 of the Civil ticket or bill invalid.2
Code of the Philippines for the
purpose of indemnifying the victim owever, the courts will exercise
H
for any loss suffered by him. greatervigilancewhendealingwithcontracts
Nominal damagesarerecoverableif of adhesion in that the said contracts must
no actual, substantial, or specific becarefullyscrutinizedinordertoprotectthe
damages were shown to have weaker party from deceptive schemes
resulted from the breach. The contained in ready-made stipulations. Thisis
amount of such damages is in recognition of Article 24 of the Civil Code
addressedtothesounddiscretionof which mandates that "in all contractual,
the court, considering the relevant property or other relations, when one of the
circumstances. partiesisatadisadvantageonaccountofhis
moral dependence, ignorance, indigence,
The Law mental weakness, tender age or other
handicap, the courts must be vigilant forhis
Nature of Airline, Bus, and Shipping Tickets protection."
(a) t hat the applicant is fit, willing and nly aircraft owned by or leased to a
O
able to perform service tothepublic; citizen of the Philippines, and which are not
and registered under the laws of any foreign
(b) thatsuchserviceisrequiredbypublic country may be eligible for registration.
convenience and necessity.
Discussion of the Law
he Air Transportation Office (ATO) is
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primarily charged with the technical and The certificate of registration is
operational phase of civil aviation matters. It onclusiveevidenceofownership,exceptina
c
performs the following functions: proceeding wheresuchownershipisinissue
or when the aircraft is only under lease.
(a) E stablishes and enforces rules and
regulations for the inspection and Application of the Law
registration of all aircraft owned and
operated in thePhilippinesandallair ase: Pilipinas Airline Company Flight 888
C
facilities; crashedinthemountainsofBukidnonkilling
(b) Establishes and prescribes the all the passengers of the aircraft. The airline
corresponding rules and regulations company wants to know what really
fortheenforcementoflawsgoverning happened. Who has the jurisdiction to
air transportation; investigate the accident?
(c) Imposes and prescribes charges
and/or rates pertinent to the
egal Opinion: The ATO has the jurisdiction
L 3) M odifies, suspends, or revokes atany
to investigate the aircraft accident andmust time upon notice and hearing, any
submit its investigation report to the CAB. certificate, license or accreditation it
mayhaveissuedtoanydomesticship
ase: Grand Airline Company wants to
C operator.
engage in the business of carrying 4) Establish andprescriberoutes,zones,
passengers and goods by air. In addition, its or areas of operations of domestic
pilots want to be licensed to operate the ship operators;
aircraft of Grand Airline Company. In what 5) Requires any domestic ship operator
government agency should Grand Airline to provide shipping services to any
Companyanditspilotsapplysothatitwillbe coastal area, island or region in the
accredited? country where such services are
necessaryforthedevelopmentofthe
egal Opinion: Grand Airline Company
L area, to meet emergency sealift
should apply to the CAB for a certificate of requirements,orwhenpublicinterest
public convenience to operate asacommon requires;
carrier. However, the pilots must secure a 6) Sets safety standards for vessels in
license to operate from the ATO. accordance with applicable
conversations and regulations;
Regulation of the Shipping Industry 7) Requires all domestics with ship
operators to comply with operational
he Maritime Industry Authority
T andsafetystandardsforvesselssetby
(MARINA) was created on June 1, 1974 with applicable conventions and
theissuanceofPresidentialDecreeNo.474to regulations, maintain its vessels in
integrate the development, promotion, and safeandserviceableconditions,meet
regulation of the maritime industry in the the standards of safety of life at sea
country. It was originally placed under the manning requirements, and furnish
Office of the President. With the creation of safe, adequate, efficient, reliable and
the Ministry (now Department) of proper service at all times;
Transportation and Communications by 8) Inspects all vessels to ensure and
virtue of Executive Order No. 546 the enforce compliance with safety
"MARINA" was attached to the DOTC for standards and other times;
policy and program coordination on July 23, 9) Ensures that all documents ship
1979. operators shall have the financial
capacity to provide and sustain safe,
By virtue of R.A. No.9295 (May 03, reliable, efficient and economic
2004), MARINA has the following functions: passenger or cargo service, or both;
10) Determines the impact which any
1 ) R egisters vessels; new service shall have to the locality
2) Issues certificates of public it will serve;
convenience or any extensions or 11) Adopts and enforces such rules and
amendmentsthereto,authorizingthe regulations which will ensure
operation of all kinds. Classes and compliance by every domestic ship
typesofvesselsindomesticshipping: operator with required safety
Provided, that no such certificate standards and other rules and
shall be valid for a period of more regulations on vessel safety;
than twenty-five (25) years; 12) Adopts such rules and regulations
which ensurethereasonablestability
fpassengersandfreightratesand,if
o y theMaritimeIndustryAuthority(MARINA)
b
necessary, to interview in order to to engage in the business of domestic
protect public interest. shipping. However, foreign vessels who may
13) Hears and adjudicatesanycomplaint wish to engage in trade and commerce
made in writing involving any within Philippines territorial waters may be
violation of this law or the rules and granted a Special Permit by the MARINA
regulations of the MARINA; when no domestic vessels are available or
14) Imposes such fines and penaltieson, suitable to provide the needed shipping
including the revocations of licenses service and where public interest warrants
of any domestic ship operator who the same."
shallfailtomaintainitsvesselsinsafe
and serviceable condition, or who y reason of the deregulation of the
B
shall violate or fail to comply with domestic shipping industry as mandated by
safety regulations; R.A. No. 9295 and to encourage investments
15) Investigates any complaint made in in the domestic shipping industry, domestic
writing against any domestic ship ship operators are now authorized to
operator,oranyshipper,oranygroup establish their own shipping rates provided
of shippers regarding any matter that effective competition is fostered, and
involving violations of the provisions public interest is served.
of this Act;
16) Upon notice and hearing, imposes Regulation of the Land Transportation
such fines, suspends or revokes
certificates of public convenience or The concept of land transportation
other license issued, or otherwise s ystem in the Philippines started when our
penalizes any ship operator, shipper ancestorsinventedmeansoflocomotion.The
or group of shippers found violating earlymeansoftransportationusedinmoving
the provisions of this Act; and people and goods from place to place were
17) Issues such rules and regulations animals. Although the means of land
necessary to implement the transportationduringtheearlydayswerenot
provisions of this Act: Provided, that as sophisticated as the modem vehicles of
such rules and regulations cannot today and the roads were not as well
change or in any way amend or be constructed, the earlyFilipinosalsoobserved
contrary totheintentandpurposeof some forms of laws to govern their mobility.
this Act. These laws were as informal as simple as
specifying which animal could be used for
Authority to Operate certain purposes. However, the existence of
these rules showed that our ancestors
o franchise, certificate, or any other
N already felt the need to regulate the
form authorization awarded by MARINA for transportation system.
thecarriageofcargoorpassenger,orbothin
the domestic trade, shall be granted except Today, it is the Land Transportation
to domestic ship owners or operators. The ffice (LTO) and the Land Transportation
O
term "domestic ship owner or operator" Franchising and Regulatory Board
means a citizen of the Philippines, or a (LTFRB)252 which are the agencies involved
commercial partnership wholly owned by in the regulation of the land transportation
Filipinos, or a corporation at least sixty industry.
percent (60%) of the capital of which is
owned by Filipinos, whichisdullyauthorized
he LTO is the proper agency which
T roceedings of the Board, to administer
p
controls the registration and operation of oaths and affirmations;
motor vehicles and licensing of owners, (g) Toconductinvestigationsandhearingsof
dealers, conductors, drivers, and similar complaints for violation of the public
matters. Under the Clean Air Act of 1999, servicelawsonlandtransportationandof
vehicles must pass the emission testing the Board's rules and regulations,orders,
requirements to be administered by the decisions and/or rulings and to impose
Department of Transportation and fines and/ penalties for such violations;
Communications as a prerequisite for (i) To review motu proprio the
registration. decisions/actions of the Regional
Franchising and Regulatory Officeherein
ntheotherhand,thefunctionsofthe
O created;
LTFRB are as follows: ( j) To promulgate rules and regulations
governing proceedings before the Board
(a) T o prescribe routes of service, and the Regional Franchising and
economically viable capacities andzones Regulatory Office: Provided, that except
or areas of operation of public land with respect to paragraphs d, e, f and g
transportation services provided by hereof, the rules of procedure and
motorized vehicles in accordance with evidence prevailing in the courts of laws
the public land transportation should not be controlling and it is the
development plans and programs spirit and intention of said rules thatthe
approved by the Department of Board and the Regional Franchising and
Transportation and Communications; Regulatory Offices shall useeveryandall
(b) Toissue,amend,revise,suspendorcancel reasonablemeanstoascertainfactsinits
Certificates of Public Convenience or casespeedilyandobjectivelyandwithout
permits authorizing the operation of regard to technicalities of law and
public land transportation services procedures, all in the interest of due
provided by motorized vehicles, and to process;
prescribe the appropriate terms and (k) Tofix,imposeandcollect,andperiodically
conditions therefor; review and adjust, reasonable fees and
(c) Todetermine,prescribe,andapproveand other related charges for services
periodicallyreviewandadjust,reasonable rendered;
fares, rates and other related charges, (l) To formulate, promulgate, administer,
relative to the operation of public land implement and enforce rules and
transportation services provided by regulations on landtransportationpublic
motorized vehicles; utilities, standards of measurements
(d) To issue preliminary or permanent and/or design, and rules and regulations
injunction, whether prohibitory or requiring operators of any public land
mandatory, in all cases in which it has transportation service to equip, install
jurisdiction, and in which cases the and provide in their utilities and in their
pertinentprovisionsoftheRulesofCourt stations such devices, equipment
shall apply; facilities and operating procedures and
(e) To punish for contempt of the Board, techniques as may promote safety,
both direct and indirect, in accordance protection, comfort and convenience to
with the pertinent provisions of, and the persons and property in their charges as
penalties by, the Rules of Court; wellasthesafetyofpersonsandproperty
(f) To issue subpoena duces tecum and within their areas of operations;
summon witnesses to appear in any (f)
(m)To coordinate and cooperate with other f rom the year of manufacture. For a tourist
government agencies and entities car, it shall not be more than five (5) years
concerned with any aspect involving reckoned from the year of manufacture,
public land transportation services with providedhowever,thetouristluxurycarsshall
the end in view of effecting continuing have a minimum allowable age of ten (10)
improvement of such services; and years. For this purpose,luxurycarsshallrefer
(n) To perform such other functions and to passenger cars with engine displacement
duties as may be provided by law, or as ofnotlessthan2190andwhicharenotlocally
maybenecessary,orproperorincidental assembled/manufactured. Every tourist
to the purposes and objectives of this transport shall be provided with a left- hand
Executive Order. drive; it shall be properly equipped with
adequate air-conditioning units; and it shall
The LTFRB has been delegated the be provided or installed with at least one
uthoritybytheLegislaturetofixtheratesof
a portable fire extinguisher for the protection
public services. However, this authority of its passengers.
cannot be delegated to a common carrier,a
transport operator, or other public service. or tourist buses or coasters, a public
F
address system shall be installed. Every
ccreditationofTransportationVehiclesby
A tourist transport unit shall be provided with
the Department of Tourism the first-aid kit and an adequate supply of
emergencymedicines.Itshallhavecleanand
his
T involves the minimum comfortable seats, and shall have enough
requirements for the operation, legroom and sufficient storage space,
establishment, and maintenance of
transportation vehicles in order to be astly, every tourist transport operator
L
accredited by the Department of Tourism. shall provide an adequate garage and repair
Under the Tourism Act of 2009255 and the shop for the maintenance of its equipment,
implementing Rules and Regulations of R.A. and a parking space sufficient to
No. 9593. Primary Tourism Enterprises shall accommodate all its registered units.
be periodically required to obtain
accreditation from the DOT as to thequality In case of original registration and/or
of their facilities and standard of services. t ransfer ofownershipoftouristtransport,the
Tourist transport services, whether for land, necessary clearance from the appropriate
seaandairtransportexclusivelyormajorityof unit of the PNP should be secured prior to
its seats are for tourist use, including airport registration.
taxis andtouristdrivers,arealreadyclassified
as Primary Tourism Enterprises; hence, tandard Requirements for Tourist Water
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accreditation by the Department of Tourism Transport Vessels
is now mandatory.
here should be at leastonerestroom
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tandard Requirements for Tourism Land
S each with toilet and washing facilities for
Transport Vehicles male and female located at the passenger
accommodation area. In addition, there
To the registrable, every tourist should be a common toilet and bath at the
t ransport must be found roadworthy upon cabin for a long-haul trip.Tissuepaper,soap,
inspectionbyateamfromtheDepartmentof and hand/paper towel should also be
Tourism. In thecaseofbusorcoaster,itshall provided. A receptionist should be available
not be more than ten (10) years reckoned to usher in guests. There should be a
r efreshmentwhichshouldbewell-stockedat (c) P roof of ownership or contract of
all times. In case of long-haul trips, a dining lease over an area adequate to serve
area capable of seating, at least, one-fourth asmaintenancedepotandgaragefor
(1/4) of the total passengers at one serving all its units (not applicable to water
should be provided with appropriate and transport)
well-maintained furniture. There should bea (d) A list of names of all officials and
promenadeorairingspaceattheupperdeck employees, and their respective
for the exclusive use of passengers. There designations, nationalities, home
should be a baggage area provided with address, certified correct under oath
racks or similar and safe storage in the by the general manager/president
passenger accommodation area. (e) Such other papers or documents as
mayberequiredfromtimetotimeby
Adequate number of well-trained, the Department
ell-groomed, experienced, efficient, and
w
courteous staff should be employed. They For Land and Transport
shall wear clean uniforms at all times.
Frontline staff should have a good speaking (a) A copy of the LTFRB certificate of
knowledge of English. franchise or authorization for tourist
car/bus service
dequate lighting arrangement and
A (b)A copy of the transportation rates as
fixtures should be installed in all levels of approved by LTFRB
vessel in accordance with the Philippine (c) Pictures of the vehicles showing the
Merchant Marine Rules and Regulations. side,backandfrontviewsthereofwith
the company's name and logo
imprinted at its rear and sides,
respectively
tandard Requirements for Tourist Air
S (d)Such other papers or documents as
Transport may be required from timetotimeby
the Department
dequate life-saving devices and
A
adequatecommunicationequipmentshould For Water Transport
be provided in accordance with the
requirements prescribed by the ATO. (a) A copy of Certificate of Public
Documents Required to SupportApplication Convenience and Necessity issued by
to Operate as Tourist Transport Operator the Maritime Industry Authority
(b) A copy of the transportation rates as
(a) M ayor's Permit and/or Municipal approved by the Maritime Industry
License Authority
(b) Business name certificate and all (c) Pictures of the vessel showing the
amendments thereto, if any, in the side,backandfrontviewsthereofwith
case of single proprietorship. In the the company name and/or logo
caseofacorporationorpartnership,a imprinted at its sides
certified true copy of the Articles of (d) A copy of routes to be served and
Incorporation, its By-laws or Articles schedules
of Partnership and amendments (e) Such other papers or documents as
thereto, if any, duly registered with may berequiredfromtimetotimeby
the Securities and Exchange the Department
Commission. or Air Transport
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(d)First-aid kit with adequate supply of
) A
a copy of the CPCN issued by the CAB emergency medicines.
b) A copy of the transportation rates as
approved by the CAB dequate lighting, flashlights and
A
c) Picturesoftheplaneshowingtheside, radio equipment shall be provided. The
back and front views thereof with the boat/banca should be provided with
company's name and/or logo adequate waste bins; and there should be a
imprinted at its sides short briefing on boat rules on sale travel,
d) List of operations and maintenance proper waste disposal and other concerns
officials and personnel with their ATO before boarding or an adequate notice
license thereoforbrochuresshouldbeconspicuously
displayed on the motorized boat/banca are
e) C opy of the routes to be served and given to passengers.
flight schedules
f) Such other papers or documents as The boat/banca should bemannedby
may be required from timetotimeby t least two (2) boatmen who are well-
a
the Department trained, efficient, and courteous and with
proper work permit/license from MARINA.
ccreditation of Motorized Boat/Banca
A The boatmen should wear Identification
Engaged in Tourism Activities and Services Cards and clean uniform prescribed by the
Department of Tourism at all times and
motorized boat/banca engage in
A should provide optimum service geared on
tourist services shall mean a vessel of 20 passenger safety, comfort and convenience.
Gross Tonnage (GRT) and below engaged in
providing water transport services including he
T following may apply for
sightseeing and water-related tourism accreditation as motorized boat/banca
activities to foreign or domestic tourist for a engaged in tourism activities and services:
fee or any form of compensation.
(a) single proprietorship owned by a
or purpose of accreditation, the
F resident Filipino citizen;
boat/banca should be made of good quality (b)a partnership organized under the
materials and in accordance with the laws of the Philippines,atleast60%of
MARINA standards. its capital being owned by Filipino
citizen; and
he boat/banca should be provided with
T (c) a corporation organized under the
the following equipment: laws of the Philippines,atleast60%of
the subscribed common or voting
(a) Lifesaving and firefighting equipment shares of stocks of which is owned by
and facilities; Filipino citizens and the composition
(b)Adequate number of life vest as of its Board of Directors beingatleast
specified in the MARINA Certificate of 60% Filipinos.
Inspection to be giventoandwornby
passengers upon boarding; he application for accreditation
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(c) Adequate number or required should be accompanied by the following
firefighting facilities in accordance documents:
with the Philippine Merchant Marine
Rules and Regulations (PMMRR); and (a) In the case of single proprietorship, a
Business Name Certification and all
mendments thereto duly registered
a he Seatbelt was enacted to secure
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with the Bureau of Trade Regulation andsafeguarditscitizenry,particularlythe
and Consumer Protection, passengers and drivers of private and
Department of Trade and Industry; in public motor vehicles, from the ruinous
case of a corporation/partnership, a andextremelyinjuriouseffectsofvehicular
certified copy of the Articles of accidents. In order of seatbelt devices by
Incorporation/Partnership and its the drivers and front seat passengers of
By-laws and amendments thereto, private and public motor vehicles shall be
dulyregisteredwiththeSecuritiesand enforced.
Exchange Commission;
(b) Mayor's Permit and/or Municipal Discussion of the Law
License;
(c) Resolution of the Board of Directors The highlights of the law are as follows:
authorizing the filling of application
and designating the person (1) T
he driver and front seat passengers
authorized to sign and act for and in of a public vehicle are required to
its behalf and transact business with wear or use their seatbelt devices
the Department. If single while inside a vehicle of running
proprietorship or partnership, a letter engine on any road or thoroughfare.
of authority from the owner/partners; In addition, the driver of a public
(d) Complete list of its officers and motor vehicle shall be required to
employees, indicating therein the immediately inform and require the
nationality, home address and front seat passengers uponboarding
position, certified correct under oath a vehicle of running engine to wear
by the general manager/president; the prescribed seatbelts. Any
(e) MARINA Documents: passenger who refuses to wear
(a) Copy of MARINA certificate of seatbelts shall not be allowed to
inspection which validity shall not continue his/her trip.
be less thanthree(3)monthsfrom
thedateoffilingofapplicationwith (2) I nfants and/or childrenaged(6)years
the Department; and andbelowshallbeprohibitedtositin
(b) Valid Certificate of Public the front seat of any running motor
Convenience (CPC) Provisional vehicle.
Authority (PA) Special Permit (SP).
(3) I t shall be unlawful for any personto
(f) V alid copy of the Compulsory import or cause the importation of
Passenger Insurance with appropriate any vehicle without appropriate and
coverage for each passenger; operational seatbelt devices.
(g)Copy of rates and routes to be served
and schedules; and (4) F
or new vehicles, compliance is
(h)Such other documents that the required for registration.
Department may requirefromtimeto
time. ailure to comply shall disallow the
F
registrationand/orrenewaloftheregistration
Seatbelt Law of vehicle at the LTO.
(a) Physical appearance of the carriage: (h)Fares - The calesa driver shall charge
(1) The carriage shall be made of only such fares for his services asmay
good qualitymaterialsandshall beapprovedorfixedbyanycompetent
be of excellent workmanship. government agency.
(2) It shall be neatly paintedwitha
color/numeral marking duly
nti-Drunk and Drugged Driving Act of
A fficers
o shall be responsible in
2003 implementing this section.
egal Opinion:UnderR.A.10586,alsoknown
L Guide Questions
as the Anti-Drunk and Drugged Driving Act As part of your comprehensivereview,
of 2013, the police officer shall conduct field try to answer the following questions:
sobrietytestsonMr.Manabat.Itisastandard
test to initially assess and determine 1 . W hat is a common carrier?
intoxication, such as the horizontal gaze 2. What does the term "extraordinary
nystagmus, the walk-and-turn, the one leg diligence" mean?
stand, and other similar tests as determined 3. What does the term "public service"
jointly by the DOH, theNAPOLCOM,andthe mean?
DOTC. If Mr. Manabat fails the sobriety tests, 4. What is the certificate of public
the police officer shall implement the convenience?
mandatory determination of the driver's 5. What are the requirementsinorderfora
bloodalcoholconcentrationlevelthroughthe certificate of public convenience to be
useofabreathanalyzerorsimilarmeasuring issued?
instrument. If the police officerhasprobable 6. Is bus ticket considered evidence of
cause to believe that Mr. Manabat is driving agreement between the bus company
under the influence of dangerous drugs and the passenger?
and/orothersimilarsubstances,itshallbehis 7. What agencies of government regulate
duty to bring Mr. Manabat to the nearest land, air, and sea transportation in the
police station to be subjected to a drug Philippines?
screening test and, if necessary, a drug 8. WhataretheadvantagesofhavingaDOT
confirmatorytestasmandatedunderR.A.No. accreditation for transportation vehicle?
9165. If found guilty of violation of a law,this 9. What is the rationale of the Seatbelt Law?
incident could definitely affect his 10. Take the case of Mr. Chiong who is
employment. Distracted Driving traveling to Paris with his prized pet, a
Dalmatian onboard a Northwest flight.
.A. No. 10913 or "An act defining and
R Suggest ways on how animalsshouldbe
penalizing distracted driving" will mean transported.
that any personwhoisusingtheirphonesin 11. Why are traffic laws necessary?
non-emergency cases and/or needs it for 12. Discuss how rigid the Anti-Drunk and
work will be penalized with a fine of P5,000 Drugged Driving Act is in your city or
for first offense, P10,000 for second offense, province.
and P15,000 and suspension of license for 13. Discuss how strict the Seatbelt Law is in
three months for the third offense. The law your city or province.
added that the fine may beincreased,along 14. Enumerate the requirements in
with ultimately suspending the driver's importing vehicles.
licenseifproperlydisseminatedtothepublic.
Meanwhile, those who are driving public
15. W hyaretheactsofthedriverofavehicle assengers take seriously any word that
p
transportingtravelersequatedastheacts could connote compromising the safety and
of the company? securityoftheflight.Discusstheprocedurein
16. What are the different kinds of speed handling such incidents and the penalties
limits? imposed on violators.
17. What law affects the operation of boats
and banca?
18. Whatarethepossibleremediesforpieces
of lost luggage in airlines?
19. What are the disadvantages of riding
unregistered,unlicensed,orunfranchised
public transport vehicles (also known as
colorum vehicles)?
20. Cite the significant functions of the
following government agencies:
a) Land Transportation Office
b)Land Transportation & Franchising
Regulatory Board
c) Air Transportation Office
d)Civil Aeronautics Board
e) Marine Industry Authority
Class Activities