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LAWS REGULATING

TRANSPORTATION
EM EM PAGUIRIGAN

MICHAEL AGUILAR

GROUP 4 EMEROSE ANDICO

PRESENTERS
JOVELYN ORCULLO

ROCHELLE NUÑEZ
WHAT IS TRANSPORTATION?
It is one whereby a
certain person or
association of persons
TRANSPORTATION obligate themselves to
transport persons,
things, or news from
one place to another.
TWO TYPES
OF CARRIERS
COMMON CARRIER
These 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.
PRIVATE CARRIER
Those who transport or
undertake to transport in a
particular instance for hire or
reward.
WHO IS PASSENGER?
PASSENGER
Is a person who rides in a public utility vehicle with the operator’s
knowledge and consent, whether express or implied.
THE FOLLOWING ARE NOT CONSIDERED PASSENGERS:
1. One who has not yet boarded any part of the vehicle
regardless of whether a ticket was already purchased;
2. One who remains in the vehicle for an unreasonable length of
time after having been afforded the opportunity to alight safely;
3. One who boarded by fraud or stealth or deceit;
4. One who attempts to board a moving vehicle;
5. One who boarded the wrong vehicle;
6. One who rides any part of the vehicle not intended for
passengers.
ELEMENTS AND
CHARACTERISTICS OF
COMMON CARRIER
06

ELEMENTS OF COMMON CARRIER

a. Business of transportation
b. For compensation; and
c. For public service
06
CHARACTERISTICS OF COMMON
CARRIER
1. Regarded to some extent as a public servant.
2. Cannot lawfully decline to accept a particular
class of goods for carrier to the prejudice of the
traffic in those goods.
3. No monopoly is favored.
4. Public convenience
NATURE AND
RESPONSIBILITY OF
COMMON CARRIERS
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 passenger
transported by them, according to all
circumstances of each case.

In case of death of, 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.
(Article 1733, Civil Code of the Philippines)
DEGREE OF DILIGENCE REQUIRED
TO A COMMON CARRIER
The degree of diligence demanded upon from the common
carrier is extraordinary diligence.
The nature of the business of common carriers and
exigencies of public policy demand that they observe
extraordinary diligence. That the business of common
carrier is impressed with a special public duty is
recognized in the Philippines through laws which subject
to the same control and regulation by the Public Service
Commission.
PERIOD WHEREIN THE DEGREE OF
EXTRAORDINARY DILIGENCE SHOULD END

Article 1736 of the Civil Code of the Philippines

Provides that the extraordinary responsibility of the common


carrier lasts from the time the goods are unconditionally places in
the possession of, and received by the carrier for transportation
until the same are delivered actually or constructively, by the
carrier to the consignee, or to the person who has the right to
receive them, without prejudice to the provisions of Article 1738 of
the CC.
COMMON CARRIER ABSOLVED FROM LIABILITY
Article 1734 of the Civil Code of the Philippines
States that common carriers are responsible for the loss,
destruction of the goods unless the same is loss due to any of the
following causes only:
1. Flood, storm, earthquake, lightning, or other natural disaster or
calamity;
2. Act of the public enemy in war, whether international or civil;
3. Acts of omission of the shipper or owner of the goods;
4. Order or act of competent public authority
GOVERNMENT AGENCIES
RELATED TO THE
TRANSPO RTATION
1. Department of Transportation and Communication
(DOTC) (Kagawaran ng Tranportasyon at Komunikasyon

It is under the umbrella of the Executive Department of the Philippine


Government responsible for the maintenance and expansion of viable, efficient,
and dependable transportation and communications systems as effective
instruments for national recovery and economic progress.

2. The Land Transportation Franchising and Regulatory


Board (LTFRB) (Lupon sa Pagprangkisa at Regulasyon ng
Transportasyong-Lupa)
It is an agency of the Philippine Government attached to the Department of
Transportation and Communication (DOTC) responsible for promulgating,
administering, enforcing, and monitoring compliance of policies, laws, and
regulations of public land transportation services.
3. Land Transportation Office (LTO)

It is a DOTC attached agency responsible for the licensing of the public land
transportation services

4. Maritime Industry Authority (Pangasiwaan ng


Kalakalang Pandagat)

It is an agency of the government under the DOTC responsible for integrating


the development, promotion and regulation of the maritime industry in the
Philippines.
5. Air Transportation Office (ATO) (Tanggapan ng
Transportasyong Himpapawid)
It is an agency of the Philippine government under the Department of
Transportation and Communications responsible for implementing policies on
civil aviation to assure safe, economic and efficient air travel.

6. Philippine Coast Guard


(Tanod Baybayin ng Pilipinas)

It is the coast guard of the Philippines involved in the broader enforcement of


maritime laws in the country, especially against smuggling, illegal fishing and
drug trafficking.
7. Philippine National Railways (PNR)

It is a state-owned railway system in the Philippines, organized under the


Department of Transportation and Communications (DOTC) as an attached
agency. It was established during the Spanish colonial period.

8. The Light Rail Transit Authority

It is a public transport operator in charge of operating and maintaining the


Manila Light Rail Transit System. Founded on July 12, 1980, it is also
responsible for monitoring the progress of construction of all LRT lines.
9. The Metro Rail Transit Corporation

The Metro Rail Transit Corporation is a private consortium responsible for the
maintenance of the Metro Manila Rail Transit System.

10. The Ninoy Aquino International Airport


(Paliparang Pandaigdig ng Ninoy Aquino )

It is one of the two international airports serving the Metro Manila Area and
the main international gateway of the Philippines.
11. The Mactan-Cebu International Airport
(Paliparang Pandaigdig ng MactanCebu/
Tugpuhang Internasyonal sa Mactan-Sugbo)
It is a major international airport in the Visayas region of the Philippines
located in Lapu-lapu City, Mactan Island, and Metro Cebu is the country’s
second primary gateway.

12. The Philippine Ports Authority or PPA


Pangasiwaang Pilipino sa mga Daungan)

It is an agency of the Philippine government under the Department of


Transportation and Communications responsible for financing,
management, and operations of public ports throughout the Philippines.
13. Civil Aviation Authority of the
Philippines (CAAP)

It is an agency of the Philippine government under the Department of


Transportation that provides safe and efficient air transport and regulatory
services in the Philippines. It is responsible for implementing policies on civil
aviation in order to ensure safe, economical, and efficient air travel.
BILL OF RIGHTS FOR THE
AIR PASSENGER
Major Rights of an Air
Passenger
1. RIGHT TO BE PROVIDED WITH ACCURATE
INFORMATION BEFORE PURCHASE
SEC. 4, CHAPTER 2 OF DOTC DTI JAO NO 1 S 2012

 Every passenger shall, before purchasing any ticket for a contract of carriage by
the air carrier or its agents, be entitled to the full, fair, and clear disclosure of all
the terms and conditions of the contract of carriage about to be purchased.

2. RIGHT TO RECEIVE THE FULL VALUE OF THE


SERVICE PURCHASED

SEC. 8, CHAPTER 3 OF DOTC DTI JAO NO 1 S 2012


 Right to be processed for Check-In, a passenger holding a confirmed ticket,
whether promotional or regular, with complete documentary requirements,
and who has complied with the check-in procedures, shall be processed
accordingly at the checkin counter within the check-in deadline.
SEC. 9, CHAPTER 3 OF DOTC DTI JAO NO 1 S 2012
 Right to Sufficient Processing Time, Passengers shall be given enough
time before the published ETD within which to go through the check-in and final
security processes. For this purpose, air carriers operating in international airports
and in other airports designated by the DOTC shall open their check-in counters
in such airports at least two (2) hours before the ETD.

SEC. 10, CHAPTER 3 OF DOTC DTI JAO NO 1 S 2012)


 Right to Board Aircraft for the Purpose of Flight, A passenger checked in
for a particular flight has the right to board the aircraft for the purpose of flight,
except when there is legal or other valid cause, such as, but not limited to,
immigration issues, safety and security, health concerns, non-appearance at the
boarding gate at the appointed boarding time, or government requisition of space
as provided for in Section 10.2.
3. RIGHT TO COMPENSATION

 Right to Compensation and Amenities in Case of Cancellation of Flight.

SEC. 11, CHAPTER 4 OF DOTC DTI JAO NO 1 S 2012


 To be notified beforehand of the fact of cancellation. Rebook or reimburse
the passenger, at the option of the latter.
SEC. 12, CHAPTER 4 OF DOTC DTI JAO NO 1 S 2012
 Right to Compensation and Amenities in Case of Flight Delay and
Exceptions Thereto.

SEC. 14, CHAPTER 4 OF DOTC DTI JAO NO 1 S 2012


 Right to Compensation for Delayed, Lost, and Damaged Baggage.
SEC. 15, CHAPTER 4 OF DOTC DTI JAO NO 1 S 2012

 Right to Compensation in Case of Death or Bodily Injury


of a Passenger.

SEC. 16, CHAPTER 4 OF DOTC DTI JAO NO 1 S 2012

 Right to Immediate Payment of Compensation.


THANK
YOU

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