Question & AnswerQ&A (Act No. 98)
The main objective of Act No. 98 is to regulate commerce in the Philippine Islands by prohibiting unjust discrimination, preference, or monopolization in the transportation of passengers or property by common carriers.
The act applies to any person or corporation engaged as a common carrier of passengers or property on land or water within the Philippine Islands.
Section 1 prohibits common carriers from charging different compensation for the same or similar transportation services under substantially similar circumstances, thus banning unjust discrimination in rates or charges.
Any unnecessary or unreasonable preference or advantage given to any particular person, company, firm, corporation, locality, or kind of traffic, as well as any undue or unreasonable prejudice or discrimination against any of these, is unlawful.
Common carriers must not refuse or neglect to receive any person or property offered for carriage, must transport them promptly without discrimination in the order offered, and must not enter into agreements giving exclusive or preferential privileges that monopolize transportation to the exclusion of others.
Willful violations by common carriers are punishable by a fine not exceeding five thousand US dollars, imprisonment not exceeding two years, or both, at the court's discretion.
Yes, Section 5 allows any person or corporation damaged by prohibited acts to sue for damages, recover costs of suit, and a penalty of one hundred US dollars in the same action, in any court with jurisdiction in the Philippine Islands.
All managers, agents, or servants of common carriers who direct or assist in prohibited acts are subject to the same penalties as the common carrier itself, as stated in Section 6.
The Act forbids unjust discrimination in rates, rebates, drawbacks, preferential treatment, prejudicial treatment, and exclusive arrangements that monopolize transportation services.
The Act took effect upon its passage on March 9, 1901, as indicated in Section 7.