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 (Art. 1732, Civil Code).
Art. 1732 of the New Civil Code avoids any
distinction between one whose principal business
activity is the carrying of persons or goods or both
and one who does such carrying only as an ancillary
activity (sideline). It also avoids a distinction
between a person or enterprise offering
transportation service on a regular or scheduled
basis and one offering such service on an
occasional, episodic or unscheduled basis.
Neither does the law distinguish between a
carrier offering its services to the general public that
is the general community or population and one
who offers services or solicits business only from a
narrow segment of the general population.
A person or entity is a common carrier even if
he did not secure a Certificate of Public Convenience
(De Guzman vs. CA, 168 SCRA 612).
It makes no distinction as to the means of
transporting, as long as it is by land, water or air. It
does not provide that the transportation should be
by motor vehicle. (First Philippine Industrial
Corporation vs. CA)
One is a common carrier even if he has no fixed
and publicly known route, maintains no terminals,
and issues no tickets (Asia Lighterage Shipping, Inc.
vs. CA).
Characteristics:
1. Undertakes to carry for all people indifferently
and thus is liable for refusal without
sufficient reason (Lastimoso vs. Doliente,
October 20, 1961);
2. Cannot lawfully decline to accept a particular
class of goods for carriage to the prejudice
of the traffic in these goods;
3. No monopoly is favored (Batangas Trans.
vs. Orlanes, 52 PHIL 455);
4. Provides public convenience.
5. Is imbued with public interest.
PRIVATE CARRIER
One which, without being engaged in the
business of carrying as a public employment,
undertakes to deliver goods or passengers for
compensation. (Home Insurance Co. vs. American
Steamship Agency, 23 SCRA 24)
TESTS WHETHER CARRIER IS COMMON OR
PRIVATE:
The SC in First Philippine Industrial Corporation
vs. CA (1995) reiterated the following tests:
1. It must be engaged in the business of
carrying goods for others as a public
employment and must hold itself out as
ready to engage in the transportation of
goods generally as a business and not as
a casual occupation;
2. It must undertake to carry goods of the
kind to which its business in confined;
3. It must undertake to carry by the method
by which his business is conducted and
over its established roads; and
4. The transportation must be for hire.
In National Steel Corp. vs. CA (1997) the SC held
that the true test of a common carrier is the
carriage of goods or passengers provided it has
space for all who opt to avail themselves of its
transportation for a fee.
PRIVATE
COMMON CARRIER
CARRIER
1. As to availability
Contracts with particular
Holds himself out for all
individuals or groups
people indiscriminately
only
2. As to required diligence
Extraordinary diligence is Ordinary diligence is
required required
3. As to regulation
Subject to State Not subject to State
regulation regulation
4. Stipulation limiting liability
Parties may limit the
Parties may not agree on
carrier’s liability,
limiting the carrier’s
provided it is not
liability except when
contrary to law, morals
provided by law
or good customs
5. Exempting circumstance
Caso fortuito, Art. 1174
NCC
Prove extraordinary
(Any event which could
diligence and Art. 1733,
not be foreseen, or
NCC
which though foreseen
is inevitable)
6.Presumption of negligence
There is a presumption No presumption of fault
of fault or negligence or negligence
7.Governing law
Law on common c