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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.