Common Carrier vs. Private Carrier | 2 August 2024

Much of the distinction between a “common or public carrier” and a “private or special carrier” lies in the character of the business, such that if the undertaking is an isolated transaction, not a part of the business or occupation, and the carrier does not hold itself out to carry the goods for the general public or to a limited clientele, although involving the carriage of goods for a fee, the person or corporation providing such service could very well be just a private carrier. (Philippine American General Insurance Company vs. PKS Shipping Company, G.R. No. 149038, April 9, 2003) READ

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Alburo Law
August 02, 2024

Much of the distinction between a “common or public carrier” and a “private or special carrier” lies in the character of the business, such that if the undertaking is an isolated transaction, not a part of the business or occupation, and the carrier does not hold itself out to carry the goods for the general public or to a limited clientele, although involving the carriage of goods for a fee, the person or corporation providing such service could very well be just a private carrier. (Philippine American General Insurance Company vs. PKS Shipping Company, G.R. No. 149038, April 9, 2003)

The Supreme Court Decides: The time period during which the applicant must have possessed the subject land under a bona fide claim of ownership has been changed from “since June 12, 1945 or earlier” to 20 years immediately before the filing of the application for confirmation of title. Xxx  Importantly, the approval of the DENR Secretary for land classification or an original classification document is no longer required.

In light of recent legal and jurisprudential developments during the proceedings of this case, the Court has decided to send the matter back to the appellate court for the admission of new evidence.

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