Transportation Law

Atty. MGG - 2019

PUBLIC SERVICE National Government – Police Power

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