TNVS/TNC as Common Carriers

Nicole Stephanie A. Wee

 • Transport
•Network
TNVS •Vehicle
•Services
 • term used to describe
vehicle owners who
TNVS provide services thru
TNCs
 • Transportation
TNC •Network
•Company
 • Organization whether a
corporation, partnership, or
sole proprietor, that provides a
pre-arranged transportation
services for compensation
TNC using internet-based
technology application or
digital platform technology to
connect passengers with
drivers using their personal
vehicles
TNC

TNVS

Public
•
•
Common Carrier ?
1. Persons, corporations, firms or associations
2. Engaged in the business of carrying or transporting
3. Passengers or goods or both
4. By land, water or air
5. For compensation
6. Offering their services to the public
Common Carrier ?
• RMC no 70 – 2015
• With regard the tax of TNCs and TNVS
• Dependent on the issuance of CPC
• W/ CPC then Common Carrier
• Will be charged common carriers tax
Test on Common Carrier
• Whether the undertaking is part of the activity engaged in by the
carrier that he has himself out to the general public as his business or
occupation
• This question must be determined by the character of business
actually carried, not by any secret intention or mental reservation it
may entertain or asset when charged with the duties that the law
imposes
(Teodoro v Nicolas (2012))
So what?
• Availability
• For all persons
• Binding effect
• Bound to carry all who offer tender and reasonable compensation
• Governing Law
• Civil code, Code of Commerce, Special Laws
• Diligence
• Extra Ordinary
• Regulation
• Subject to provisions governing Common Carriers
TNVS
Common Carrier ?
1. Persons, corporations, firms or associations
2. Engaged in the business of carrying or transporting
3. Passengers or goods or both
4. By land, water or air
5. For compensation
6. Offering their services to the public
TNC
Common Carrier ?
1. Persons, corporations, firms or associations
2. Engaged in the business of carrying or transporting
3. Passengers or goods or both
4. By land, water or air
5. For compensation
6. Offering their services to the public
ISSUES
 •DOTr DO 2015 -11
2015 •Further Amending DO
97-1097 to Mobility
2015
2015
2015
2015
2015
2015
2015
2015
 • “regarding TNVS, considering
that an accreditation by the
TNC is required for the TNVS
applicant, the LTFRB is further
directed to accredit the TNCs
2015 while waiting guidance from
the legislature regarding the
regulation of this new industry
and to promulgate guidelines
for their accreditation”
 •LTFRB MC 2016 -008
2016 •Suspension of
Acceptance of TNVS
application
2016
 •DOTr DO 2017 -11
•Omnibus Guidelines on
the Planning and
2017 Identification of Public
Road Transportation
Services and Franchise
Issuance
2017
 •UBER SUSPENSION
2017
FROM Aug 14 to Aug 29
 •UBER SUSPENSION
FROM Paid Php 190m
fine
2017 •Compensation,
Financial aid of Php
19.5m (299.24m , 16
days)
END