Title
Regulating common carriers' unjust discrimination
Law
Act No. 98
Decision Date
Mar 9, 1901
A Philippine law passed in 1901 aims to regulate commerce by prohibiting unjust discrimination and unreasonable preference or advantage by common carriers, with penalties and the right to sue for damages provided for violations.

Prohibition of Unreasonable Preferences or Discrimination

  • Common carriers must not give unnecessary or unreasonable preference or advantage to any particular person, company, firm, corporation, locality, or type of traffic.
  • Similarly, carriers must not subject any particular person, entity, locality, or traffic to undue or unreasonable prejudice or discrimination.
  • Such preferences and discriminations are unlawful.

Obligation to Accept and Transport Passengers and Property Without Discrimination

  • Common carriers cannot refuse or fail to receive passengers or property offered for carriage without lawful reason.
  • Transport must be provided as promptly as possible and without discrimination.
  • Carriage must be conducted in the order in which passengers or property are offered.
  • Carriers are prohibited from entering exclusive or preferential contracts that monopolize transportation services to the exclusion of others.
  • Any agreement granting exclusive privileges or monopolies is unlawful.

Penalties for Violation

  • Willful violation of the Act by common carriers is punishable by a fine up to five thousand US dollars, imprisonment up to two years, or both.
  • Penalties are imposed at the court's discretion.

Right to Sue for Damages and Penalties

  • Persons or corporations damaged by prohibited acts of carriers may sue to recover actual damages.
  • Suits may also recover costs of litigation and an additional penalty of one hundred US dollars.
  • Legal actions may be brought in any court in the Philippines with proper jurisdiction.

Liability of Managers, Agents, and Servants

  • Managers, agents, or employees of common carriers who direct or assist in prohibited acts are subject to the same penalties as the carrier.

Effectivity

  • This Act takes effect immediately upon its passage on March 9, 1901.

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