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Civil Code of the Philippines

Law on Common Carriers

SECTION 4. - Common Carriers (n) (4) The character of the goods or defects in the packing or in the
containers;
SUBSECTION 1. - General Provisions
(5) Order or act of competent public authority.

Art. 1732. Common carriers are persons, corporations, firms or Art. 1735. In all cases other than those mentioned in Nos. 1, 2, 3, 4,
associations engaged in the business of carrying or transporting and 5 of the preceding article, if the goods are lost, destroyed or
passengers or goods or both, by land, water, or air, for deteriorated, common carriers are presumed to have been at fault
compensation, offering their services to the public. or to have acted negligently, unless they prove that they observed
extraordinary diligence as required in Article 1733.
Art. 1733. Common carriers, from the nature of their business and
for reasons of public policy, are bound to observe extraordinary Art. 1736. The extraordinary responsibility of the common carrier
diligence in the vigilance over the goods and for the safety of the lasts from the time the goods are unconditionally placed in the
passengers transported by them, according to all the possession of and received by the carrier for transportation until
circumstances of each case. the same are delivered, or constructively, by the carrier to the
consignee, or to the person who has a right to receive them,
Such extraordinary diligence in the vigilance over the goods is without prejudice to the provisions of Article 1738.
further expressed in Articles 1734, 1735, and 1745, Nos. 5, 6, and
7, while the extraordinary diligence for the safety of the Art. 1737. The common carrier's duty to observe extraordinary
passengers is further set forth in Articles 1755 and 1756. diligence over the goods remains in full force and effect even
when they are temporarily unloaded or stored in transit, unless
the shipper or owner has made use of the right of stoppage in
SUBSECTION 2. - Vigilance Over Goods transitu.

Art. 1738. The extraordinary liability of the common carrier


Art. 1734. Common carriers are responsible for the loss, continues to be operative even during the time the goods are
destruction, or deterioration of the goods, unless the same is due stored in a warehouse of the carrier at the place of destination,
to any of the following causes only: until the consignee has been advised of the arrival of the goods
(1) Flood, storm, earthquake, lightning, or other natural disaster or and has had reasonable opportunity thereafter to remove them or
calamity; otherwise dispose of them.

(2) Act of the public enemy in war, whether international or civil; Art. 1739. In order that the common carrier may be exempted
from responsibility, the natural disaster must have been the
(3) Act of omission of the shipper or owner of the goods; proximate and only cause of the loss. However, the common
carrier must exercise due diligence to prevent or minimize loss

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Civil Code of the Philippines
Law on Common Carriers

before, during and after the occurrence of flood, storm or other (3) Reasonable, just and not contrary to public policy.
natural disaster in order that the common carrier may be
Art. 1745. Any of the following or similar stipulations shall be
exempted from liability for the loss, destruction, or deterioration
considered unreasonable, unjust and contrary to public policy:
of the goods. The same duty is incumbent upon the common
carrier in case of an act of the public enemy referred to in Article (1) That the goods are transported at the risk of the owner or
1734, No. 2. shipper;
Art. 1740. If the common carrier negligently incurs in delay in (2) That the common carrier will not be liable for any loss,
transporting the goods, a natural disaster shall not free such destruction, or deterioration of the goods;
carrier from responsibility.
(3) That the common carrier need not observe any diligence in the
Art. 1741. If the shipper or owner merely contributed to the loss, custody of the goods;
destruction or deterioration of the goods, the proximate cause
thereof being the negligence of the common carrier, the latter (4) That the common carrier shall exercise a degree of diligence
shall be liable in damages, which however, shall be equitably less than that of a good father of a family, or of a man of ordinary
reduced. prudence in the vigilance over the movables transported;

Art. 1742. Even if the loss, destruction, or deterioration of the (5) That the common carrier shall not be responsible for the acts or
goods should be caused by the character of the goods, or the omission of his or its employees;
faulty nature of the packing or of the containers, the common (6) That the common carrier's liability for acts committed by
carrier must exercise due diligence to forestall or lessen the loss. thieves, or of robbers who do not act with grave or irresistible
Art. 1743. If through the order of public authority the goods are threat, violence or force, is dispensed with or diminished;
seized or destroyed, the common carrier is not responsible, (7) That the common carrier is not responsible for the loss,
provided said public authority had power to issue the order. destruction, or deterioration of goods on account of the defective
Art. 1744. A stipulation between the common carrier and the condition of the car, vehicle, ship, airplane or other equipment
shipper or owner limiting the liability of the former for the loss, used in the contract of carriage.
destruction, or deterioration of the goods to a degree less than Art. 1746. An agreement limiting the common carrier's liability
extraordinary diligence shall be valid, provided it be: may be annulled by the shipper or owner if the common carrier
(1) In writing, signed by the shipper or owner; refused to carry the goods unless the former agreed to such
stipulation.
(2) Supported by a valuable consideration other than the service
rendered by the common carrier; and

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Civil Code of the Philippines
Law on Common Carriers

Art. 1747. If the common carrier, without just cause, delays the of his employee. As to other baggage, the rules in Articles 1998
transportation of the goods or changes the stipulated or usual and 2000 to 2003 concerning the responsibility of hotel-keepers
route, the contract limiting the common carrier's liability cannot shall be applicable.
be availed of in case of the loss, destruction, or deterioration of
the goods.
SUBSECTION 3. - Safety of Passengers
Art. 1748. An agreement limiting the common carrier's liability for
delay on account of strikes or riots is valid.
Art. 1755. A common carrier is bound to carry the passengers
Art. 1749. A stipulation that the common carrier's liability is safely as far as human care and foresight can provide, using the
limited to the value of the goods appearing in the bill of lading, utmost diligence of very cautious persons, with a due regard for all
unless the shipper or owner declares a greater value, is binding. the circumstances.

Art. 1750. A contract fixing the sum that may be recovered. by the Art. 1756. In case of death of or injuries to passengers, common
owner or shipper for the loss, destruction, or deterioration of the carriers are presumed to have been at fault or to have acted
goods is valid, if it is reasonable and just under the circumstances, negligently, unless they prove that they observed extraordinary
and has been fairly and freely agreed upon. diligence as prescribed in Articles 1733 and 1755.

Art. 1751. The fact that the common carrier has no competitor Art. 1757. The responsibility of a common carrier for the safety of
along the line or route, or a part thereof, to which the contract passengers as required in Articles 1733 and 1755 cannot be
refers shall be taken into consideration on the question of dispensed with or lessened by stipulation, by the posting of
whether or not a stipulation limiting the common carrier's liability notices, by statements on tickets, or otherwise.
is reasonable, just and in consonance with public policy.
Art. 1758. When a passenger is carried gratuitously, a stipulation
Art. 1752. Even when there is an agreement limiting the liability of limiting the common carrier's liability for negligence is valid, but
the common carrier in the vigilance over the goods, the common not for willful acts or gross negligence.
carrier is disputably presumed to have been negligent in case of
The reduction of fare does not justify any limitation of the
their loss, destruction or deterioration.
common carrier's liability.
Art. 1753. The law of the country to which the goods are to be
Art. 1759. Common carriers are liable for the death of or injuries
transported shall govern the liability of the common carrier for
to passengers through the negligence or willful acts of the former's
their loss, destruction or deterioration.
employees, although such employees may have acted beyond the
Art. 1754. The provisions of Articles 1733 to 1753 shall apply to the scope of their authority or in violation of the orders of the
passenger's baggage which is not in his personal custody or in that common carriers.

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Civil Code of the Philippines
Law on Common Carriers

This liability of the common carriers does not cease upon proof carrier that repeatedly fails to comply with his or its duty to
that they exercised all the diligence of a good father of a family in observe extraordinary diligence as prescribed in this Section.
the selection and supervision of their employees.
Art. 1766. In all matters not regulated by this Code, the rights and
Art. 1760. The common carrier's responsibility prescribed in the obligations of common carriers shall be governed by the Code of
preceding article cannot be eliminated or limited by stipulation, by Commerce and by special laws.
the posting of notices, by statements on the tickets or otherwise.

Art. 1761. The passenger must observe the diligence of a good


father of a family to avoid injury to himself.

Art. 1762. The contributory negligence of the passenger does not


bar recovery of damages for his death or injuries, if the proximate
cause thereof is the negligence of the common carrier, but the
amount of damages shall be equitably reduced.

Art. 1763. A common carrier is responsible for injuries suffered by


a passenger on account of the willful acts or negligence of other
passengers or of strangers, if the common carrier's employees
through the exercise of the diligence of a good father of a family
could have prevented or stopped the act or omission.

SUBSECTION 4. - Common Provisions

Art. 1764. Damages in cases comprised in this Section shall be


awarded in accordance with Title XVIII of this Book, concerning
Damages. Article 2206 shall also apply to the death of a passenger
caused by the breach of contract by a common carrier.

Art. 1765. The Public Service Commission may, on its own motion
or on petition of any interested party, after due hearing, cancel
the certificate of public convenience granted to any common