Transportation Reviewer I. Introduction A.

Public Utility- is a business which is service oriented - A commodity provider - Ex: telephone, electricity, gas, water etc. TRANSPORTATION The movement of things or persons from one place to another, whether by land, water or air. Basis: POLICE POWER (franchise/Charter) Exceptions: 1. 2. 3. 4. For himself Particular persons/ groups/ classes Special Contractual Agreement Reserves the right to accept/ reject offered business

B. Who may engage? [Art. 1732 p 8] 1. Persons [natural/ juridical] 2. Open to the public w/o discrimination 3. Transporting 4. From place to place 5. For compensation 6. Contract [Civil Law/ Code of Commerce] Forms: y Ticket y Bill of Lading y Freight Code of Commerce: Art 349-379 {page 230-238} 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. Summary: Common carriers are bound to observe extraordinary diligence in the vigilance over goods (Art. 1733) and utmost vigilance for the safety of the passengers (Art. 1755) as well as the crew or complement operating the carrier.

C. Duty/ Responsibility/ Liability Coverage: 1. Vigilance over the goods 2. Safety of the passengers VIGILANCE OVER THE GOODS