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Philippine Bar review · Question

Practice question: Common Carrier vs. Private Carrier

Multiple Choice Hard Jurisprudence

Practice question

A family gives a neighbor’s child an isolated free ride, without any paid transport business or public carriage undertaking. An objector cites Perena to say every vehicle with a student passenger is automatically a common carrier. Which is correct?
  1. Every student passenger changes ownership of the car
  2. Perena eliminates Article 1732’s undertaking criteria
  3. Any family favor is necessarily commercial carriage
  4. Perena’s paid school-service holding should not be extended solely from the passenger’s student status to the stipulated nonbusiness free ride.
  5. Every car is a common carrier at all times

Legal references

  • Spouses Perena v. Spouses Zarate, G.R. No. 157917, August 29, 2012, main decision: https://lawphil.net/judjuris/juri2012/aug2012/gr_157917_2012.html
  • Civil Code, Articles 1732-1733, 1745-1754 and 1758-1763: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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