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Philippine Bar review · Question

Practice question: Common Carrier vs. Private Carrier

Multiple Choice Hard

Practice question

A transport company openly offers paid hauling to a sector of local businesses. Each customer signs a document headed Private Carriage Contract. The company claims the heading alone removes Article 1733’s standard. Which is best?
  1. A heading always determines classification
  2. The actual service must be examined; a private label does not by itself negate common-carrier status
  3. Any written contract necessarily creates private carriage
  4. A limited sector automatically removes public offering
  5. Every customer can privately repeal the Code’s classification

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Articles 1732 and 1733
  • https://lawphil.net/judjuris/juri1988/dec1988/gr_l-47822_1988.html — De Guzman v. Court of Appeals, G.R. No. L-47822, December 22, 1988, main opinion

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