"The viability of abolishing the boundary system in PUJs: A study of th" by Hershel Lyn A. Dimagiba

The viability of abolishing the boundary system in PUJs: A study of the legal and financial implications

Date of Publication

3-2011

Document Type

Master's Thesis

Degree Name

Juris Doctor

Subject Categories

Business | Transportation Law

College

Ramon V. Del Rosario College of Business

Thesis Adviser

Clara De Castro

Defense Panel Chair

Mary Margaret O. Que

Defense Panel Member

Ricson Singson Que
Karlo Nicolas

Abstract/Summary

Research has shown that there is a strong connection between the boundary system and the driving behavior of Public Utility Jeepney (PUJ) drivers. The negative driving behavior of PUJ drivers is exacerbated by the need to earn revenue for the day as income is their one and only incentive. Due to the hyper-competition created by the boundary system, PUJ drivers engage in disorderly behavior in order to get more passengers and beat the competition. The boundary system in the public transport industry is a tolerated practice. While the courts look with disfavor on the system, it is the most widely practiced scheme and no law or court ruling specifically disallows it precisely because it is a contractual arrangement freely and mutually entered into by the owner/operator and the driver. Therefore, the aim of the study is to ascertain whether it is viable to abolish the boundary system in PUJs by studying the legal and financial implications of the proposed action. Using legal principles and the Cost-Benefit Analysis, the researcher was able to conclude that it is indeed legally and financially viable to abolish the boundary system. The analysis showed that under a Non-Boundary System the daily net revenue of the PUJ drivers and operators would not be impaired, while jurisprudence has consistently held that traffic congestion is a public, not merely a private concern. Public welfare lies at the bottom of any regulatory measure designed to relieve traffic congestion, as such, measures calculated to promote the safety and convenience of the people using the thoroughfares by the regulation of vehicular traffic presents a proper subject for the exercise of police power.

Abstract Format

html

Language

English

Format

Electronic

Electronic File Format

MS WORD

Accession Number

CDTG004904

Shelf Location

Archives, The Learning Commons, 12F, Henry Sy Sr. Hall

Physical Description

1 computer optical disc. ; 4 3/4 in.

Keywords

Public utilities—Law and legislation; Jeep automobile

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Embargo Period

4-19-2022

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