Philippine Bar review · Question

Practice question: Common Carrier vs. Private Carrier

Multiple Choice Hard Jurisprudence

Practice question

A pipeline operator transports petroleum owned by several customers, holds itself out for the paid service and satisfies the legal common-carrier criteria. In litigation it argues that goods carriage requires a separate vehicle containing the product and physically traveling with it. Which is correct?
  1. A moving container is always indispensable
  2. Only passenger buses can qualify
  3. First Philippine Industrial recognizes the pipeline mode; the asserted additional vehicle requirement is not part of the definition applied there.
  4. Every pipeline owner is automatically a carrier even for solely private internal use
  5. The customers’ contracts automatically abolish the Code

Legal references

  • First Philippine Industrial Corporation v. Court of Appeals, G.R. No. 125948, December 29, 1998, main decision: https://lawphil.net/judjuris/juri1998/dec1998/gr_125948_1998.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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