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What is a common carrier under the Civil Code?

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Definition

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.” (Civil Code, Article 1732)

Explanation

  • Engaged in the business of carrying or transporting passengers or goods, or both. (Civil Code, Article 1732)
  • Transports by land, water, or air. (Civil Code, Article 1732)
  • For compensation (for pay). (Civil Code, Article 1732)
  • Offers its services to the public. (Civil Code, Article 1732)

In addition to the Civil Code definition, the Supreme Court explains that a common carrier is broadly defined as one who is engaged in the business of transporting persons or property from place to place, for compensation, offering services to the public generally. (First Philippine Industrial Corporation v. Court Of Appeals, G.R. No. 125948 (1998-12-29))

The sources also make clear that the definition does not require that the service be done only by a particular kind of vehicle (like motor vehicles), as long as the transportation is by land, water, or air. (First Philippine Industrial Corporation v. Court Of Appeals, G.R. No. 125948 (1998-12-29))

This is general legal information, not legal advice.

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