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Transpo Notes

2019

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Yui Recinto
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96 views1 page

Transpo Notes

2019

Uploaded by

Yui Recinto
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Transportation Law

Atty. MGG - 2019

PUBLIC SERVICE National Government – Police Power


What is public service, as regards to Local Government Units – Legislative
Transportation Law? Power
MMDA - Administrative Power
Range of industries: power, water,
transportation, telecommunication JG Summit vs CA
 Why a “shipyard” (PHILSECo) is not
Government Agencies: a public utility? – There is no law that
makes a shipyard a public utility.
As to Aviation: (PAL vs. CAB)  PHILSECo – is a national grand plan
1. Civil Aeronautics Board – to industrialize Philippines; it was
economic regulation policies; privatized;
2. Civil Aviation Authority
Philippines – implements policies on If Yes: KAWASAKI may only go up to 40%
civil aviation to assure safe, economic Public Utility:
and efficient air travel. 1) Filipino citizen;
2) Corporate (Juridical)
*CPCN – mere license or a privilege.
TATAD vs. GARCIA
As to Maritime: Q: Whether the LRT (Train – Operation) is a
1. Maritime Industry Authority- public utility.
integrating the development,
promotion and regulation of the Ownership vs. Operation
maritime industry in the Philippines.
2. Philippine Coast Guard - Security EDSA LRT – Ownership
DOTC – Operation (“public utility”)
As to land:
1. LTFRB – has the authority to What constitutes a public utility is not their
regulate franchise ownership but their use to serve the public.
2. Land Transportation Office – has
the authority to issue license and  Who is the common carrier? –
register motor vehicles. Government;

LTO vs. City of Butuan [Corporation Code: Doing Business + Secure


 Registration vs. Licensing of drivers SEC license]
 Regulate vs. Register
- - - - 2/1/2019 session ends here - - - -
LGUs – to regulate and grant franchise by
virtue of LGU (Legislative act made by
Congress, because the power to franchise
originates from the legislative power of
Congress.)
LTO – issue license and registration

MMDA vs. Bel-Air


 What is MMDA?
 What is the constitution of MMDA?
 Nature of the power of MMDA.

Police Power – power to make, ordain and


establish laws for the good and welfare of the
commonwealth.

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