Philippine Bar review · Question

Practice question: Common Carrier vs. Private Carrier

Multiple Choice Hard

Practice question

An operator otherwise satisfies Article 1732 but never secured the necessary carrier permit. After cargo loss, it argues that its own licensing failure converts it into a private carrier and removes common-carrier duties. Which is correct under De Guzman?
  1. Licensing failure automatically removes the duties
  2. The shipper must bear every loss
  3. The operator cannot evade the duties merely by failing to obtain required authority
  4. Only the vehicle’s color controls
  5. Common-carrier duties arise only after a loss

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

Answer this question in flashcards to review your response and continue practicing.