Voice 056

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They're selling waffles on the crossroad. I'll just type, I can also write here. It's not done
yet.

I don't want to write. The law on common care. Why are you sharing your picture? Isn't it
on the other side? My eyes hurt.

Where? I thought it's not done yet. I thought it's next week Thursday. Discussion in
Spanish.

Ethics discussion. Careers. Bob, I think... We haven't introduced yet.

Can you say it again? If it's not done yet, even if we don't do it first. Of course. Alright.

I hope everyone is ready. So, what you're seeing right now is the basic concept of career
in general terms. A career, conservative career, it is a person or a corporation.

In the same, they are either a natural person or a juridical person. Again, a conservative
career automatically in the eyes of the law, they may be one natural person or a juridical
person. It can be a corporation, it can be a partnership, as long as it is a person.

Regardless of the class. And what does it do as a person? As a person, it transports

people or goods. You carry people from one point to the other.

You carry goods from one point to the other. And because you carry people and you
carry goods from one point to another, there are laws that regulate that. Okay? Following
the definition, from one place to another, gratuitously or for hire means in the end, your
transportation from the origin to the destination is free and there is no fine.

Either onerous or gratuitous. It depends. But in a general sense, when you say that it is a
career, it is a person, whether juridical or natural, that carries people or goods from one
point to another, either gratuitously or onerously.

That is the basic concept of career in general. Before we even go to the basic provisions
of what is the low-income career, we have to first understand who is the career. And who
is the career? Persons.

Yes. Is it free? Yes. What do they transport? Goods.

From one place to another. That is a career. Okay? And because of that particular
reason, there are two kinds of career.

One is private career, also known as special career. And the other is common career or
public career. We will differentiate the two.

For the benefit of those people, we have 15 minutes. Okay? When we say the private
career or special career, this is the one which without making the activity of occasion. It
means, they are the people who do not make the business of transporting people or
goods from one place to another, and without holding himself out to the public.

Are you still answering? Out to the public as a ready act for all who may desire for these
services. What I am saying is, you will not offer your home for the transport within the
general population. You do not hold yourself accountable for transporting people from
places to places.

You do not offer yourself to the general public to move goods and people from places to
places because you are privately or specially created for such activity. It means, you are
just choosing your service. Not all.

And your services can be either gratitude or honorus. What is gratitude? Honorus.
Honorus is to pay.

Honorus means for hire. For example, 1,000 pesos for 5 minutes. Is that what you will
pay? 1,000 pesos for 5 minutes.

If that is gratitude, regardless of how long will it take, you will not be paying for that. Do
you understand? Now, if one engages in private career or special career. For example,
you want to be a private carrier.

You want to engage your business or you want to engage yourself in the business of
becoming a private carrier. There should be an agreement that is established. And what
are the governing rules? For agreement, what are the governing rules? What is the law?
What is the law? For example, if one engages in the business of becoming a private
carrier, an agreement should be established.

And what law will govern that agreement? Law of common carrier. What is that?
Agreement. What is agreement? Contract, right? What is a contract? Do you have a
consent? Do you have a question? Do you have an objection? Yes.

So, if it is a contract, what are the rules that will govern it? Do you have a contract? Yes.
What are the rules? What is the law? We will discuss this in a moment, girls. R.A.? I can't
hear you.

R.A. 386, the new civil code of the Philippines. This is a contract, right? This is a
partnership. In an agreement, it's a partnership.

Contract, right? What are the articles of partnership? It's the contract. It's the same here.
Ordinary contract.
What do you call that contract? Contract of private carriage. And the contract of private
carriage is under the ordinary contract which is governed by Republic Act 386 of the new
civil code of the Philippines. Contract of private carriage.

Okay. The parties within the contract of private carriage should have an agreement.
What do they need? They need a meeting of the minds.

They need a consent. Is that clear? Again, when you are a private carrier, you do not
oblige yourself. Or you do not offer your services to the general public, but you choose.

That's why it's called a special carrier. And if you are a special carrier, there should be an
agreement. And that agreement must be called the contract of private carriage that is
under ordinary contract which is governed by Republic Act 386 or the new civil code of
the Philippines.

Is that clear? Now, since it is governed by Republic Act 386 or the new civil code of the
Philippines, what is the diligence required in law? Extraordinary. That is? Extraordinary.
Ordinary diligence or the diligence of the old father of the family.

That's it. Diligence required. Private carrier, what does it mean? Ordinary diligence.

Okay. There is also a task. You can choose the persons whom it makes contract.

Contract, meeting of the minds, agreement. It is called the contract of private carriage.
Is that clear? I am Indian.

Okay. That is the sole reason why the private carrier is different from the public carrier.
Because in public carrier, you are bound to get all whom they wish to have your services.

But in private carrier, you can freely choose because you are a special carrier. You are a
private carrier. And the diligence required by the law is just the ordinary diligence.

Actually, there is something lower than the ordinary diligence. Because their hierarchy
is, I don't have a marker. Slight diligence is the lowest.

Slight diligence. If you are higher than one, that's ordinary diligence. And if you are the
highest, that's extraordinary diligence.

The three diligences that are in the law. But according to the law, if you are a private
person, since the carrier is a person, right? In general sense, a carrier is a person. Either
national or juridical person.

Okay? Since it is a person, it is private. Therefore, the law that governs the carrier is
ordinary diligence. Or the diligence of the good father.

Is that clear? Is that clear? I understand. Do you have any questions? What is the name
of the contract of the private carrier? Contract of private carrier. What? Contract of
private carrier.

What law is under that? R.A. 386. R.A. 386. R.A. 386.

For example, Do you have an example? Wait a minute. Do you understand what the
private carrier is? Okay. For example, The third person is a lawyer.

For example, Lawyer by profession. Lawyer by profession. He has three positions.

One is a lawyer. One is a lawyer. And one is a private carrier.

For example, One is a lawyer. And one is a private carrier. Now, His partner, His partner,
He wants to have He wants to have his He wants to have his lover baby.

He wants to have his lover baby. He wants to have his lover baby. He wants to have his
lover baby.

He wants to have his lover baby. He wants to have his lover baby. He wants to have his
lover baby.

He wants to have his lover baby. He wants to have his lover baby. Good bye, ma'am.

Good bye, ma'am. Good bye, ma'am. Good bye, ma'am.

You need to pull the gas. You need to pull the gas. So, what? The gas company said,
okay, that's it, no problem.

Pull it, just pull it. Okay? The day will come when they will follow the... the casers and the
gas company. They will go to the airport.

When they get back, they will be on the gas. What is it called there? What is it called
there? On the gas? I don't know. Who will sell it? Who will sell it? Because? So, there's
the contract agreement.

There's the diligence. And the diligence is caused because of that. Because of that.

That's why there's the contract. There's the diligence. There's the contract.

There. Now, in the second scenario, when they get back, nothing will happen. But, the
gas tank will not be pulled.

When they get back here, it will be burned. And what? Can you blame the caser? Yes or
no? Yes. Yes.

No. Yes or no? Yes. Yes.

Yes or no? Because the contract is due. Because they are the ones who put it. Yes.
They are the ones who put it. Now, I have a question. Is the caser a private carrier or a
common carrier? Private carrier.

Is the card? Sorry, is the caser a common carrier? Sorry, is the card? First, is the court a
government carrier or a private carrier? Private carrier. Private carrier. Because it's
easier to buy it.

Private carrier. Private carrier. Again, the correct case, the facts of the case, will be
followed by the casers, and the defendant will be allowed to divert.

And the defendant will be allowed to divert. The only difference is that the defendant will
be the one to stop. That's the facts of the case.

The question is, is the court a government carrier or a private carrier? Private carrier.
Private carrier. Private carrier.

Carrier. Government carrier or private carrier? Government carrier. Private carrier.

Private carrier. The correct answer is a private carrier. Why is it a private carrier?
Because it's specific to the person.

Is it overpriced by the person? No. It's a private carrier. Right? The case is allowed.

Does the defendant have a payment? No. Does the defendant have a replacement? Yes.
So even if the defendant has a replacement, or no payment, if the court would offer the
services of renting the vehicle to selected people, not selected people, to one person,
Pero if the services are offered to the selected people of the general population, and if
the services are offered to the selected number of people in the general population,
certain group or certain people in the general population, plus it is an ancillary.

A-N-C-I-N-L-A-R-Y. Ancillary. Okay, when I say ancillary, it means, in layman's terms,

sideline.

Okay? That's what we call in the law, ancillary. But if you want a local term, it's sideline.
If you use a vehicle as an ancillary or sideline mode, and you service a segment of the
general population, therefore you can be called as a home.

See? Ways and Means. Again, private carrier, KFN, is only offered to certain persons, not
for all. However, if you offer it to the segment of the population, or it is part of the
ancillary or sideline of a person, and that services is offered to the segment of the
general population even though not all of the population, therefore you can be classified
as a home.

Like school bus, travel, airlines, cruise ships, even though not all of the population, but it
is offered to the segment of the population, therefore that is considered as a home. Is
everyone here? It's 2.30 already. We will continue the discussion until the next meeting,
Monday next week, then 15.

I can't do it. I will send it to you so you can review it.

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