PUBLIC SERVICE LAW - Or if the interest is better served by a

new operator.
Elements of public service: (search)
-If the old operator failed to reach the
requirement

-WON one is a public utility is not a matter of -if it is a maiden certificate

legislative determination but a matter of judicial
determination.

2. Prior Applicant Rule

3. Kabit System
When is incidental service devoid of public -void (Art. 1409)
character? -against public policy because
responsibility shall be fixed.
-No exact answer. Because each case will be
govern by its peculiar circumstances.
4. Boundary system
Main characteristic for one to be considered a - Jardin vs. NLRC
public utility Employer-employee relationship

-readiness to serve in indefinite public

Obligation of owner-operator and driver
-franchise is needed -joint and severally

Certificate of Public Convenience CODE OF COMMERCE

-franchise is not needed 349-379

573-651
-LTFRB issues CPC to vehicles except 652-763
motorcycles/tricycles which is under the LGU 806-845
concerned

When is a contact of transportation

Certificate of Public Convenience and Necessity considered commercial?
-if the object is an article of commerce and
-franchise is needed the merchant is habitually engaged in

Basic Principles:
Like sa common carrier.
Principles under the PSL in relation to public
utility
Bill of Lading
1. Prior Operator Rule- a public utility
operator shall be shielded from ruinous What is the effect if no bill of lading?
competitor
-it is still a contract of transportation.
When does it not apply? Because it is not one of the requisites.

- if it is found that there is monopoly.

Nature: receipt and a contact
 Forms and information required. Is the shuttle service of a private
subdivision allowed to ask for fee from
Exam: homeowners, old vehicle, not registered,
unlicensed driver, is it proper?
-Distinctions: Include
A: Yes, within the road owned by private
institutions, the law (RA 8794) will not apply.
-What is the effect if the baggage is not declared?
What if there is injury or death?
-Conditions for the exempting causes
5. Parking/Park
-See RA 10913 (Anti Distracted
Driving Act)
LAND TRANSPORTATION - waze can be operated hands
free as long as it does not interfere with
the line of sight of the driver.
-distinction 4136 vs. 10913
-RA 4136 as amended

- LTO executes this law -RA 4136

Types of vehicles:
-Important definitions: -public
Private
1. Motor vehicle any vehicle propelled by
Diplomatic
any power other than muscular power.
Government
-if not used in public highways, not motor
vehicle. (dapat with license and registered) - RA 10913
Public
-Are ebikes motor vehicle under RA Private
4136?

A: Depends on whether the 6. Tourist

power source is other than muscular power. -within 90 days from their arrival
to the Phils. They can drive without
RA 8794 (MVUC Law, Anti-
license, bring passport and foreign
Overloading Law) gross vehicle weight ng
license.
sasakyan is considered. –the DoTR and the LTO is
tasked with the mandate to classify motor
vehicles.
MOTOR VEHICLES
Some E-bikes were not classified
by the LTO to determine it’s road worthiness. Complettely built up
Completely knocked down
2. Driver.
Anti Carnapping laws
3. Owner. 6539
10883
-For purposes of motorcycle, this
definition has been modified. RA 11235

4. Highway
 - All motor vehicles are 1. eye test
required to be reported 2. walk and turn
before sale. 3. one-leg stand
- Stock reporting in LTO
- Sale: Sales reporting by the If you fail any of these tests, saka ka
dealer palang mag Breath Analyzer.

Process: - public vehicle, 0 dapat

1.Custom duties

2.Reporting of stocks RA 4136

3.Sales report -use and authority of Certificate of Registration

4.Then registration. (OR CR)- within 7 -Commision Secretary can revoke registration
days from the date of sale. (now 20 days,
RA 10883, but without IRR yet, so 7 days
pa din sinusunod.)
RA 10930
- you can only use vehicle in the public highway if
-10 yr validity licenses for those without demerits
it is registered for the current year.
-requires LGUs to report to LTO
Otherwise, there is violation of Anti-Carnapping
law. -LTO is now the repository of all apprehension
reports

Classifications:
-The licensee is required to bring with him at all
Private
times the original license, not to allow someone
For Hire else to use the same.

Government

Diplomatic Ground for revocation of license:

-if you are an improper person to operate

a motor vehicle.
RA 8750, Seatbelt law

Anti Drunk and Drugged Driving Act

Formal certificate for driving training is now
-Alcoholic Breath Content, for private vehicle, required. LTO has a driving school.
hindi dapat lumagpas sa .05 which is more or less
equals

-breath analyzer is not right away conducted, Because we are under-left-hand jurisdiction, we
field sobriety test must first be conducted, are required to drive on the right side of the
otherwise, breath analyzer is not admissible. highway.

Field sobriety tests:

What is overtaking? (Sec. 39) -children are prohibited to ride on motorcyles
without compliance to the following
Restrictions on passing and overtaking. requirements:

-Overtaking is not prohibited under this law but

there are restrictions.
RA 10916 Speed limiter in Public Utility Vehicles

Reckless driving (Sec. 38)

Q: Grab car, there is no law yet requiring them
to be public utility vehicles but there is a DO
issued by DOTR to govern Transport Network
Right of way
Vehicles, under the DOTR guidelines, they are
Police and other emergency vehicles have considered as for hire, but they are operated
the right of way. by an app of Transport Network Companies
which do not have franchise from Congress.
Good Samaritan Law (Sec. 55)

-Whenever there is an accident you must not leave

the scene without aiding the victim subject to Next time: Marine and Air, Cases
exceptios provided by law.

RA 8749 Clean Air Act of 1999

Smoke emission before registration of vehicle.

RA 10054 Motorcycle Helmet Act

-DTI ICC Sticker for helmet

RA 10586

RA 10642 The Lemon Law of the Phippines’

-mediation, conciliation, arbitration

-Consumer Protections

RA 10666 Children on board motorcycles