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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
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)
What are common carriers?
Common carriers are persons, corporations, firms or associations engaged in the business of carrying or transporting passengers or goods or both, by land, water, or air for compensation, offering their services to the public. (Article 1732, New Civil Code of the Philippines)
What are private carriers?
A private carrier is one who, without making the activity a vocation, or without holding himself or itself out to the public as ready to act for all who may desire his or its services, undertakes, by special agreement in a particular instance only, to transport goods or persons from one place to another either gratuitously or for hire. (Spouses Teodoro vs. Spouses Nicolas, G.R. No. 157917, August 29, 2012)
What are their differences?
Here are the common differences between Common Carrier and Private Carrier:
As to the Character of Business:
- Common Carrier: Engaged in the business of carrying or transporting passengers or goods for compensation, offering their services to the public.
- Private Carrier: Does not make the activity a vocation or hold itself out to the public as ready to act for all who may desire its services. Undertakes transportation by special agreement in a particular instance only.
As to the Scope of Service:
- Common Carrier: Offers services to the general public or a limited clientele.
- Private Carrier: Provides services on a case-by-case basis, often by special agreement, and may transport goods or persons either gratuitously or for hire.
As to the Holding Out:
- Common Carrier: Holds itself out to carry goods or passengers for the general public or a limited clientele.
- Private Carrier: Does not hold itself out to the public and typically transports goods or persons based on specific agreements or arrangements.
As to the Nature of Transactions:
- Common Carrier: Typically engaged in continuous or regular transportation as part of its business or occupation.
- Private Carrier: Involves isolated transactions that are not part of a regular business or occupation.
In summary, common carriers are engaged in regular transportation services offered to the public for compensation, while private carriers undertake transportation on a more limited and specific basis, often through special agreements and without holding themselves out to the public.
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