Common Carriers in General

Civil Code definition of a common carrier, Tests

The test for determining whether a party is a common carrier of goods is:
1. He must be engaged in the business of carrying goods for others as a
public employment, and must hold himself out as ready to engage in the
transportation of goods for person generally as a business and not as a
First casual occupation;
Philippine 2. He must undertake to carry goods of the kind to which his business is
Industrial confined;
Corp vs CA 3. He must undertake to carry by the method by which his business is
(G.R. conducted and over his established roads; and
125948) 4. The transportation must be for hire.
Excerpt: having a limited clientele does not exclude it from the meaning
of a common carrier.
Pipeline operator is still considered a common carrier because definition
does not make a distinction as to the means of transporting as long as it
is by land, water, or air. Does not need to be by water vehicle only.
Asia Even if you are conducting activity in an irregular manner, do not have
Lighterage fixed and publicly known routes, or do not maintain terminals or issue
vs CA tickets, you may still be considered as common carrier.
Cases where SC said it is not a Common Carrier

National Its services are available only to specific persons who enter into a special
Steel vs CA contract of charter party with its owner.

True Test: is the carriage of passengers or goods, provided it has space,

for all who opt to avail themselves of its transportation service for a fee

FGU Private carrier because GPS (GP Sarmiento, respondent) is an exclusive

Insurance contractor and hauler of Concepcion Industries, Inc. rendering or offering
vs its services to no other individual or entity. So it cannot be considered a
Sarmiento common carrier.

Caravan Travel and Tours (respondent) is not a common carrier, it’s not
even a private carrier, it is a travel agency. It is not engaged in the
business of transporting passengers or goods, merely facilitates or make
Crisostomo travel arrangements in behalf of the carrier.
vs CA (G.R.
138334) While petitioner concededly bought her plane ticket through the efforts of
respondent company, this does not mean that the latter ipso facto is a
common carrier. At most, it merely acted as an agent of the airloine, with
whom petitioner ultimately contracted for her carriage to Europe.
Respondents obligation to petitioner in this regard was simply to see to it
that petitioner was properly booked with the airline for the appointed date
and time. Her transport to the place of destination pertained directly to
 the airline.
Ordinary Diligence - reasonable care consistent with that which an
ordinary prudent person would have observed when confronted with a
similar situation

Malayan vs Reputable is a private carrier because it only has 1 customer, Wyeth.

PFIC Common carrier becomes a private carrier when it undertakes to carry a
special cargo or chartered to a special person only. For all intents and
purposes, Reputable operated as a private/special carrier with regard to
its contract of carriage with Wyeth only

Can a common carrier become a private carrier?

Registered owner liable for operation of common carrier,kabit system

state regulation of common carrier

nature and basis of liability

laws applicable

Common carrier of Goods