TRANSPORTATIO

N LAW
A/P JINKY ROSE P. GINO-GINO, PH.D.
 TRANSPORTATION LAW
Transportation law is the body of law
that governs transportation
infrastructure and its use. It regulates
the way that people travel using any
method of transportation including
railways, air travel, vehicular travel and
even waterways. Much of transportation
law comes from the government
agencies that make regulations and
oversee compliance with the regulations
that they create. Transportation law also
involves companies and individuals that
must understand and follow the
regulations.
 NON COMPLIANCE WITH TRANPORTATION LAW
Failing to comply with transportation law may be a civil or criminal offense. In some cases, the offender 
pays a fine. In other cases, they might face criminal charges. For example, a Valujet employee failed to
follow regulations when he loaded flammable oxygen onto a plane. When the plane crashed because of
the failure, the employee faced charges of manslaughter and improperly transporting hazardous material.
FREEDOMS OF
THE AIR
 FIRST FREEDOM OF AIR
It is the right or privilege, in
respect of scheduled
international air services,
granted by one State to another
State or States to fly across its
territory without landing (also
known as a First Freedom Right).
SECOND FREEDOM OF AIR
It is the right or privilege, in
respect of scheduled
international air services,
granted by one State to another
State or States to land in its
territory for non-traffic purposes
(also known as a Second
Freedom Right).
 THIRD FREEDOM OF AIR
It is the right or privilege, in
respect of scheduled
international air services,
granted by one State to another
State to put down, in the
territory of the first State, traffic
coming from the home State of
the carrier (also known as a Third
Freedom Right).
FOURTH FREEDOM OF AIR
It is the right or privilege, in
respect of scheduled
international air services,
granted by one State to another
State to take on, in the territory
of the first State, traffic destined
for the home State of the carrier
(also known as a Fourth Freedom
Right).
 FIFTH FREEDOM OF AIR
It is the right or privilege, in respect of
scheduled international air services,
granted by one State to another State to
put down and to take on, in the territory
of the first State, traffic coming from or
destined to a third State (also known as
a Fifth Freedom Right). ICAO characterizes
all "freedoms" beyond the Fifth as "so-
called" because only the first five
"freedoms" have been officially
recognized as such by international treaty.
SIXTH FREEDOM OF AIR
It is the right or privilege, in respect of
scheduled international air services, of
transporting, via the home State of the
carrier, traffic moving between two
other States (also known as a Sixth
Freedom Right). The so-called Sixth
Freedom of the Air, unlike the first five
freedoms, is not incorporated as such
into any widely recognized air service
agreements such as the "Five
Freedoms Agreement".
 SEVENTH FREEDOM OF AIR
It is the right or privilege, in respect of
scheduled international air services,
granted by one State to another State, of
transporting traffic between the territory
of the granting State and any third State
with no requirement to include on such
operation any point in the territory of the
recipient State, i.e the service need not
connect to or be an extension of any
service to/from the home State of the
carrier.
EIGHTH FREEDOM OF AIR
It is the right or privilege, in respect of
scheduled international air services, of
transporting cabotage traffic between
two points in the territory of the granting
State on a service which originates or
terminates in the home country of the
foreign carrier or (in connection with the
so-called Seventh Freedom of the Air)
outside the territory of the granting State
(also known as a Eighth Freedom Right or
"consecutive cabotage").
 NINTH FREEDOM OF AIR

It is the right or privilege of

transporting cabotage traffic of
the granting State on a service
performed entirely within the
territory of the granting State
(also known as a Ninth Freedom
Right or "stand alone" cabotage).
SECTION 4
COMMON CARRIERS
Subsection 1. General Provisions
• Article 1732. Common carriers are persons, corporations, firms or
associations engaged in the business of carrying or transporting
passengers or goods or both, by land, water, or air, for compensation,
offering their services to the public.
• Article 1733. Common carriers, from the nature of their business and for
reasons of public policy, are bound to observe extraordinary diligence in
the vigilance over the goods and for the safety of the passengers
transported by them, according to all the circumstances of each case.
• Such extraordinary diligence in the vigilance over the goods is further
expressed in articles 1734, 1735, and 1745, Nos. 5, 6, and 7, while the
extraordinary diligence for the safety of the passengers is further set
forth in articles 1755 and 1756.
 Subsection 2. Vigilance Over Goods

• Article 1737. The common carrier’s duty to observe extraordinary diligence over the
goods remains in full force and effect even when they are temporarily unloaded or
stored in transit, unless the shipper or owner has made use of the right of
stoppage in transitu.
• Article 1738. The extraordinary liability of the common carrier continues to be
operative even during the time the goods are stored in a warehouse of the carrier at
the place of destination, until the consignee has been advised of the arrival of the
goods and has had reasonable opportunity thereafter to remove them or otherwise
dispose of them.
• Article 1739. In order that the common carrier may be exempted from responsibility,
the natural disaster must have been the proximate and only cause of the loss.
However, the common carrier must exercise due diligence to prevent or minimize
loss before, during and after the occurrence of flood, storm or other natural disaster
in order that the common carrier may be exempted from liability for the loss,
destruction, or deterioration of the goods.
 Subsection 2. Vigilance Over Goods

• Article 1740. If the common carrier negligently incurs in delay in transporting the
goods, a natural disaster shall not free such carrier from responsibility.
• Article 1741. If the shipper or owner merely contributed to the loss, destruction or
deterioration of the goods, the proximate cause thereof being the negligence of the
common carrier, the latter shall be liable in damages, which however, shall be
equitably reduced.
• Article 1742. Even if the loss, destruction, or deterioration of the goods should be
caused by the character of the goods, or the faulty nature of the packing or of the
containers, the common carrier must exercise due diligence to forestall or lessen the
loss.
• Article 1743. If through the order of public authority the goods are seized or
destroyed, the common carrier is not responsible, provided said public authority had
power to issue the order.
 Subsection 2. Vigilance Over Goods

• Article 1753. The law of the country to which the goods are

to be transported shall govern the liability of the common
carrier for their loss, destruction or deterioration.
• Article 1754. The provisions of articles 1733 to 1753 shall
apply to the passenger’s baggage which is not in his
personal custody or in that of his employee. As to other
baggage, the rules in articles 1998 and 2000 to 2003
concerning the responsibility of hotel-keepers shall be
applicable.
Subsection 3. Safety of Passengers

• Article 1755. A common carrier is bound to carry the passengers safely as far as
human care and foresight can provide, using the utmost diligence of very cautious
persons, with a due regard for all the circumstances.
• Article 1756. In case of death of or injuries to passengers, common carriers are
presumed to have been at fault or to have acted negligently, unless they prove that
they observed extraordinary diligence as prescribed in articles 1733 and 1755.
• Article 1757. The responsibility of a common carrier for the safety of passengers as
required in articles 1733 and 1755 cannot be dispensed with or lessened by
stipulation, by the posting of notices, by statements on tickets, or otherwise.
• Article 1758. When a passenger is carried gratuitously, a stipulation limiting the
common carrier’s liability for negligence is valid, but not for willful acts or gross
negligence.
• The reduction of fare does not justify any limitation of the common carrier’s liability.
Subsection 3. Safety of Passengers

• Article 1759. Common carriers are liable for the death of or injuries to passengers
through the negligence or willful acts of the former’s employees, although such
employees may have acted beyond the scope of their authority or in violation of the
orders of the common carriers.
• This liability of the common carriers does not cease upon proof that they exercised
all the diligence of a good father of a family in the selection and supervision of their
employees.
• Article 1760. The common carrier’s responsibility prescribed in the preceding article
cannot be eliminated or limited by stipulation, by the posting of notices, by
statements on the tickets or otherwise.
• Article 1761. The passenger must observe the diligence of a good father of a family
to avoid injury to himself.
Subsection 3. Safety of Passengers

• Article 1762. The contributory negligence of the

passenger does not bar recovery of damages for his death
or injuries, if the proximate cause thereof is the
negligence of the common carrier, but the amount of
damages shall be equitably reduced.
• Article 1763. A common carrier is responsible for injuries
suffered by a passenger on account of the willful acts or
negligence of other passengers or of strangers, if the
common carrier’s employees through the exercise of the
diligence of a good father of a family could have
prevented or stopped the act or omission.
Subsection 4. Common Provisions
• Article 1764. Damages in cases comprised in this Section
shall be awarded in accordance with Title XVIII of this
Book, concerning Damages. Article 2206 shall also apply
to the death of a passenger caused by the breach of
contract by a common carrier.
• Article 1765. The Public Service Commission 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 duty to observe extraordinary
diligence as prescribed in this Section.
• Article 1766. In all matters not regulated by this Code, the
rights and obligations of common carriers shall be
governed by the Code of Commerce and by special laws.
 DEPARTMENT OF TRANSPORTATION
It is the government's lead agency for planning and support of the nation's
land, air and sea-based travel systems. DOTr develops, implements and
enforces regulations governing use of Philippines roads and highways, airports
and air corridors, railways and seaports.
ROAD TRANSPORT
THE LAND TRANSPORTATION
OFFICE (LTO)
The LTO promotes the safety and comfort of the
traveling public with respect to motor vehicles. The
LTO is also tasked with collecting various fees from
the registration of motor vehicles, the issuance of
licenses to qualified motor vehicle drivers, the
collection of fines and penalties for motor vehicle
related infractions, and the issuance of motor
vehicle license plates.  private vehicles are observed, prior to the issuance of
THE LAND TRANSPORTATION FRANCHISING
AND REGULATORY BOARD (LTFRB)
The LTFRB was created by virtue of an Executive order
issued on June 19, 1987, with the goal of simplifying
the land transportation industry franchising system.
Since the creation of the LTFRB, the issuance of
franchises for land transport operators has become
more stringent, resulting in higher safety standards for
land travel. Technical evaluation staff ensure that
operating and safety standards of commercial and
operating franchises.
ROAD TRANSPORT

TOLL REGULATORY BOARD OFFICE OF TRANSPORT PHILIPPINE NATIONAL

(TRB) COOPERATIVES (OTC) RAILWAYS (PNR)
The Toll Regulatory Board supervises The OTC was created in 1963 by virtue The PNR was created via legislation
and regulates the construction, of Executive Order 898, and was
operation, and maintenance of toll originally known as the Committee on in June 1964, in order to provide a
nationwide railway transportation
facilities, and is also responsible for the Transport Cooperatives. The current system. There are currently plans to
collection of toll fees. It was created by objective of the OTC is to integrate the create new lines connecting the
transport cooperatives program into the
virtue of Presidential Decree (P.D.) No. public transport and transit system, in rapidly developing areas in Central
1112 (a.k.a. the Toll Operation Decree). order to achieve economies of scale Luzon and the South Tagalog region
with respect to fuel consumption. with Metro-Manila.
ROAD TRANSPORT
LIGHT RAIL TRANSIT TRANSIT
AUTHORITY (LRTA)
The LRTA was created via Executive Order
603 on July 12, 1980, in order to oversee
the construction and operation of the
Light Rail Transit project extending from
Baclaran in Pasay City, to Monumento in
Caloocan. Since then, the LRTA's
mandate has expanded to encompass
other light rail projects in Metro-Manila.
NORTH LUZON RAILWAYS
CORPORATION (NLRC / NORTHRAIL)
The North Luzon Railways Corporation,
or Northrail, was created to implement
the Northrail Project, a major
undertaking of the Philippine
government which aims to build a fast,
reliable, and efficient railway system in
Central and Northern Luzon. The railway
system is expected to further enhance
the development and growth potential
of the aforementioned areas.
METRO RAIL TRANSIT (MRT)
MRT3, designated as the Blue Line,
is also called the EDSA MRT, or
Metrostar Express. It was
implemented by the DOTC through a
Build-Lease-Transfer contract with
the privately owned Metro Rail
Transit Corporation (MRTC). It has 13
stations on a 16.9 km rail system
along Edsa from North Ave., Quezon
City to Taft Ave., Pasay City. It
became fully operational in 2000.
MARITIME TRANSPORT
THE PHILIPPINE COAST GUARD
(PCG)
The PCG is an armed and uniformed service
primarily tasked with enforcing all
applicable laws within the Philippine
waters, conducting maritime security
operations, safeguarding of life and
property at sea and protecting the marine
environment and resources.
OFFICE FOR TRANSPORTATION SECURITY
(OTS)
The Office for Transportation Security (OTS) is the single
authority responsible for the security of the transportation
systems of the country, including, but not limited to, the
following: Civil Aviation, Sea Transport and Maritime
Infrastructure, Land Transportation, Rail System and
Infrastructure. It was created by virtue of Executive Order
No.277.  In response to the international mandate (i.e.
ICAO and IMO guidelines) calling for a single authority for
all modes of transportation security in the Philippines, E.O.
311 was issued on April 26, 2004.
MARITIME TRANSPORT
PHILIPPINE PORTS AUTHORITY
(PPA)
The PPA is the primary government agency
concerned with the planning and
development of the country’s seaports.
Established in 1974, the PPA’s charter
was amended by Executive Order 857, which
expanded its functions to include the
integration and coordination of ports
nationwide.
MARITIME INDUSTRY AUTHORITY (MARINA)
The MARINA oversees the promotion and development of
the maritime industry, and also provides effective regulation
of shipping enterprises. Since its establishment in June 1994,
MARINA was granted the authority to issue Certificates of
Public Convenience (CPC), permitting the operation of
domestic and overseas water carriers. Other functions of the
agency include the registration of vessels, the issuance of
licenses, the addressing of safety concerns pertaining to
vessel construction, and the enforcement of maritime law. 
MARITIME TRANSPORT
CEBU PORTS AUTHORITY (CPA)
The Cebu Ports Authority (CPA) was created
through the enactment of Republic Act No.
7621, signed on June 26, 1992. The CPA's
mandate is to administer all ports located in
Cebu Province, thus effectively separating
these ports from the Philippine Ports
Authority (PPA) system. The CPA began
operations and officially took over all Cebu
ports on January 1, 1996.
PHILIPPINE MERCHANT MARINE ACADEMY
(PMMA)
The PMMA, formerly known as the Philippine
Nautical School, was created in January 1963 via
Republic Act 3680. The PMMA produces
efficient and well-trained merchant marine
officers of an international caliber. PMMA
graduates spearhead Philippine efforts in
international trade, and are also capable of
serving as auxiliary naval officers during times of
conflict.
 CIVIL AVIATION
CIVIL AVIATION AUTHORITY OF
THE PHILIPPINES (CAAP)
The CAAP is responsible for implementing
policies on civil aviation in order to ensure
safe, economical, and efficient air travel. As
an independent regulatory body with quasi-
judicial and quasi-legislative powers, the
CAAP is mandated to set comprehensive,
clear and impartial rules and regulations for
the Philippine aviation industry.  international trade and tourism.
MANILA INTERNATIONAL AIRPORT
AUTHORITY (MIAA)
Created by Executive Order 778, the
MIAA provides safe, efficient, and
reliable airport facilities for
international and domestic travel at
the Ninoy Aquino International Airport
(NAIA). It is also tasked with
promoting NAIA as a center for
CLARK INTERNATIONAL
AIRPORT CORPORATION
The CIAC fully commits to provide
quality management of airport
infrastructure and services in order
to realize our vision to be premier
world-class airport of the Philippines
by 2020; the secondary airport of
choice by 2017; and, a competitive
aviation services center in the Asia
Pacific Region by 2015.
CIVIL AVIATION

CIVIL AERONAUTICS BOARD MACTAN-CEBU INTERNATIONAL AIRPORT
(CAB) AUTHORITY (MCIAA)
The CAB is tasked with regulating, The MCIAA is in charge of
promoting, and developing the operating and maintaining the
Mactan International Airport,
economic aspects of civil aviation in the
which is currently the premier
Philippines. The CAB regulates the
lease, purchase, and sales of aircraft, gateway to the Central Visayas.
along with overseeing consolidations The MCIAA provides airport safety
and mergers of domestic air carriers.  and security, and also implements
airport rules and regulations.
PHILIPPINE AEROSPACE
DEVELOPMENT CORPORATION
(PADC)
The PADC undertakes business and
development activities for the
establishment of a reliable aviation and
aerospace industry within the
Philippines. It engages in the design,
manufacture, and sale of all forms of
aircraft, and also develops local
capabilities in the maintenance, repair,
and modification of aviation equipment.