Flying Cars: A New Legal Paradigm Takes Flight

A Term Paper

Presented to

The College of Law

Mindanao State University – General Santos City

In Partial Fulfilment

of the Requirements in

Legal Research and Bibliography

by

Cielone Jasper P. Nequinto

March, 2019
I. Introduction

The term “paradigm” has been defined as an intellectual ideology or view, which

is accepted by a group of people, or a certain individual. It acts as a pristine example of

how things, models and theories are supposed to behave in this world. (Thomas S.

Kuhn, The Structure of Scientific Revolutions)

Mankind has been dreaming of a flying machine since ancient times to emulate

what ancient deities are capable of. Humans have already made planes, helicopters,

airships, hot air balloons, and even space shuttles to achieve that goal. One problem is

that it would be close to impossible or way too expensive for one of these flying vehicles

to be used by a private individual or for public utility use. To solve this problem, we take

a widely used private vehicle, an automobile car, and give it the ability of flight.

Engineering marvels has already made this possible and still on development stages.

With this new paradigm of travel comes a new paradigm of laws governing it where all

must conform to create a system.

II. Body

Land travel is only available in a two dimensional displacement: forward, back,

left, and right. This is very inconvenient when one is in a traffic jam or in an unfamiliar

road facing a dead-end, especially if he or she is in a hurry. A solution to bypass these

problems is making a three dimensional travel by adding up and down, and that’s where

flying cars come in.

 With the fast pace development of human technology, time will come that these

flying cars will be commercially available for the public and becomes a necessity from

being a luxury. Right now, there is very little to no laws governing arial travel of private

persons that define their rights while also stating the obligations that come with it.

In legal sense, law is defined as a rule of conduct, just and obligatory, laid down

by legitimate authority for common observance and benefit. (Sanchez Roman, 23)

Based on the definition, new laws and interpretation of existing laws shall be made to

provide rights and obligations as well as remedies in case of a legal question involving

flying cars will arise.

III. Issue

Most existing provisions of laws never accounted for flying cars thus creating a

blind spot which some may see as a loophole to be taken advantage by some to

unjustly enrich themselves. Nullum crimen sine lege, a Latin legal maxim meaning “no

crime without law,” will be abused.

The challenge now is to how the government will exercise its police powers to

create new laws regarding on this new paradigm of arial travel to set standards that will

serve as guides for a person, in his rights and obligations, in relation to his fellowmen

and to his community as an owner, operator, or even a passenger of one of these flying

cars.
 The Judicial department is also challenged to how to construe and interpret

already existing laws in relation to these flying cars and set forth new jurisprudence to

serve as a guide or remedy for similar future cases.

IV. Discussion

Salus populi est suprema lex, is Latin for “the welfare of the people shall be the

supreme law.” Laws must be ordained for the common benefit. Excluding remedial law

and legal ethics, the six branches of the Philippine laws must be taken into

consideration when discussing the standards in owning, operating, riding, and even just

by being around a flying car when the time comes that it is widely used for private and

public vehicles.

a. Political Law

Political law is that branch of public law which deals with the organization

and operation of the governmental organs of the state and defines the relations

of the state with the inhabitants of its territory. (People v. Perfecto, 43 Phil. 887)

One of the branches of political law is election law. It is the study of the

laws, rules, and procedures involving the conduct of election of all public officials

who will exercise the powers of the government as allocated to and within their

functions and responsibilities. One election law for example is the Republic Act
No. 9006 otherwise known as Fair Election Act. In a particular provision, the law

provides that:

SEC. 7. Prohibited Forms of Election Propaganda. - During the campaign period,

it is unlawful:

xxxx

(f) To post, display or exhibit any election campaign or propaganda

material outside of authorized common poster areas, in public places, or in

private properties without the consent of the owner thereof.

(g) Public places referred to in the previous subsection (f) include any of

the following:

xxxx

5. Public utility vehicles such as buses, jeepneys, trains, taxi cabs, ferries,

pedicabs and tricycles, whether motorized or not;

6. Within the premises of public transport terminals, such as bus terminals,

airports, seaports, docks, piers, train stations, and the like.

The posting of election campaign material on vehicles used for public

transport or on transport terminals is not only a form of political expression, but

also an act of ownership – it has nothing to do with the franchise or permit to

operate the PUV or transport terminal. (1-United Transport Koalisyon v.

COMELEC, G.R. No. 206020)

 The act did not explicitly include flying cars. When the time comes that the

use of flying cars as public transport with terminals, it would also require

legislators to include them as prohibited places to be posted with campaigning

propaganda.

b. Labor Law

Labor law are those that govern the rights and obligations of employers

and employees, providing as well for the rules by which such rights and

obligations may be enforced.

Republic Act No. 10151 or AN ACT ALLOWING THE EMPLOYMENT OF

NIGIIT WORKERS, THEREBY REPEALING ARTICLES 130 AND 131 OF

PRESIDENTIAL DECREE NUMBER FOUR HUNDRED FORTY-TWO, AS

AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE

PHILIPPINES, provides mandatory facilities in Article 156. To wit:

Article 156. Mandatory Facilities. - Suitable first·aid facilities shall be made

available for workers performing night work, including arrangements where such

workers, where necessary, can be taken immediately to a place for appropriate

treatment. The employers are likewise required to provide safe and healthful

working conditions and adequate or reasonable facilities such as sleeping or

resting quarters in the establishment and transportation from the work premises

to the nearest point of their residence subject to exceptions and guidelines to be

provided by the DOLE.

 The mandatory transportation from work premises to the nearest point of

their residence may be in a form of a flying car, if the company is able to provide.

A special law may be legislated to specifically make guidelines on how these

night workers can safely load and unload on the vehicle for it has more risks

compared to land travel.

c. Civil Law

Civil law is that branch of law which has double purposes, the organization

of the family and the regulation of property. It thus defined as the mass of

precepts which determine and regulate the relations of assistance, authority and

obedience among members if the family, and those which exist among members

of a society for the protection of private interests. (16 Am Jur, 2d, Conflict of

Laws)

One of the branches of civil law is marriage. Article 1 of Republic Act No.

8533 otherwise known as the Family Code, provides that marriage is a special

contract of permanent union between a man and a woman entered into in

accordance with law for the establishment of conjugal and family life. The same

act also provides that a marriage is to be solemnized for it to be valid.

A marriage in articulo mortis between passengers or crew members may

also be solemnized by a ship captain or by an airplane pilot not only while the

ship is at sea or the plane is in flight, but also during stopovers at ports of call.

(Art. 31, Family Code of the Philippines)

 There is a question if a flying car is considered to be an airplane and if its

driver is considered a pilot. In case of an articulo mortis event, its is still not clear

if the driver can solemnize a marriage of a couple. Only the Supreme Court can

make a generally accepted interpretation of the said provision.

d. Taxation

Taxation is the power of the government to raise revenue in order to

support its existence and carry out legislative objectives. (LTO v. Butuan, G.R.

No. 131512)

One form of tax is tariff. It refers to Custom duties, toll or tribute payable

upon merchandise to government. Presidential Decree No. 1464 otherwise

known as Tariff and Customs Code was legislated to strengthen the punitive

force of the law against smuggling and other forms of customs fraud.

With the existence of flying cars, a new opportunity is also opened for

smugglers to operate. Shipments via sea transport is already difficult to monitor

due to the availability of backdoor ports in the country. A flying vehicle can land

wherever it want because there are very little obstacles in air travel. A new

agency or government instrumentally must be created focusing on monitoring the

aerospace for any flying car of foreign origin.

e. Mercantile Law

Mercantile law is a body of law that deals with customs and practices of

local and international commerce. Not a separate body of law but a legal code

that governs operations of banks and businesses of all kinds, it covers

agreements, contracts, copyrights, franchising, insurance, licensing, patents,

shipping and transport, trademarks, etc. (www.bussinessdictionary.com)

Land driven vehicles are already aren’t cheap. With that, it is expected

that flying cars will be of a luxury in its first few years in the market. One of the

ways in acquiring or owning a unit is through trust receipt transactions. It has a

loan or security feature.

A letter of credit-trust receipt arrangement is endowed with its own

distinctive features and characteristics. Under that set-up, a bank extends a loan

covered by the letter of credit, with the trust receipt as a security for the loan. In

other words, the transaction involves a loan feature represented by the letter of

credit, and a security feature which is in the covering trust receipt. A trust receipt,

therefore, is a security agreement, pursuant to which a bank acquires a "security

interest" in the goods. (Vintola v. IBAA, G.R. No. 73271 )

A trust receipt arrangement does not involve a simple loan transaction

between a creditor and debtor-importer. Apart from a loan feature, the trust

receipt arrangement has a security feature that is covered by the trust receipt

itself. That second feature is what provides the much needed financial assistance

to our traders in the importation or purchase of goods or merchandise through

 the use of those goods or merchandise as collateral for the advancements made

by a bank. The title of the bank to the security is the one sought to be protected

and not the loan which is a separate and distinct agreement. (People v. Nitafan,

G.R. No. 75954)

f. Criminal Law

Criminal law is branch of public law which defines crimes, treats of their

nature and provide for their punishment.

Act No. 3815 or the Revised Penal Code is the main legal source when it

comes to felonies. In Article 20, it states that a it aggravates criminal liability if the

crime be committed with the aid of persons under fifteen years of age or by

means of motor vehicles, motorized watercraft, airships, or other similar means.

A flying car is within one of those “similar means.” If a felony supposedly

happened with the aid of a flying car, criminal liability will aggravate or will be on

the maximum provided penalty.

V. Conclusion

Before Nicolas-Joseph Cugnot even made the first self-propelled vehicle in the

mid 1700’s in France, there were no laws concerning these automobiles such as

registrations, speed limits, requirements of a person to drive, mandatory maintenance,

etc. Now, each country in the world has implemented a system of laws that compel

each individual to follow to create order and avoid chaos.

Every time a new door opens, a blank canvass is available for the government to

formulate no laws and interpretations of laws to reasonably regulate the use and

practice of a newfound technology such as arial travel via flying cars.

Some existing laws are flexible enough to absorb flying cars in their scope. New

case laws will be create by the Supreme Court as they interpret those pre-existing laws

and even get them published in the Supreme Court Reports Annotated (SCRA) and be

available for public access.

The change in the ways we utilize technology for both public and private

transportation will bring forth new laws, new interpretations of existing laws, and

amendments that will adjust to the new paradigm stretching its applicability until a new

paradigm arises.

VI. Recommendation

Future researchers may contribute new ideas that may incorporated. The scope may

also be extended to other topics concerning Philippines laws that involves cases

concerning flying cars once it is widely commercialized around the globe.

New laws must always be aligned with the Constitution, the highest law of the land.