CIVIL CODE OF THE PHILIPPINES
If the common carrier negligently incurs in delay in
COMMON CARRIERS
ARTICLE 1732. Common carriers are persons, corporations, firms or
associations engaged in the business of carrying or transporting
passengers or goods or both, by land, water, or air, for
compensation, offering their services to the public.
Vigilance Over Goods
ARTICLE 1733. Common carriers, from the nature of their business
and for reasons of public policy, are bound to observe extraordinary
diligence in the vigilance over the goods and for the safety of the
passengers transported by them, according to all the circumstances
of each case. Paitdo
Such extraordinary diligence in the vigilance over the goods is
further expressed in articles 1734, 1735, and 1745, Nos. 5, 6, and 7,
while the extraordinary diligence for the safety of the passengers is
further set forth in articles 1755 and 1756.
ARTICLE 1734. Common carriers are responsible for the loss,
destruction, or deterioration of the goods, unless the same is due to
any of the following causes only:
(1) Flood, storm, earthquake, lightning, or other natural disaster or
calamity;
(2) Act of the public enemy in war, whether international or civil;
(3) Act or omission of the shipper or owner of the goods;
(4) The character of the goods or defects in the packing or in the
containers; meriee
(5) Order or act of competent public authority.
ARTICLE 1735. In all cases other than those mentioned in Nos. 1, 2,
3, 4, and 5 of the preceding article, if the goods are lost, destroyed
or deteriorated, common carriers are presumed to have been at
fault or to have acted negligently, unless they prove that they
observed extraordinary diligence as required in article 1733.
ARTICLE 1736. The extraordinary responsibility of the common
carrier lasts from the time the goods are unconditionally placed in
the possession of, and received by the carrier for transportation
until the same are delivered, actually or constructively, by the carrier
to the consignee, or to the person who has a right to receive them,
without prejudice to the provisions of article 1738.
ARTICLE 1737. The common carriers duty to observe extraordinary
diligence in the vigilance 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
transitu.
ARTICLE 1738. The extraordinary liability of the common carrier
continues to be operative even during the time the goods are stored
in a warehouse of the carrier at the place of destination, until the
consignee has been advised of the arrival of the goods and has had
reasonable opportunity thereafter to remove them or otherwise
dispose of them.
ARTICLE 1739. In order that the common carrier may be exempted
from responsibility, the natural disaster must have been the
proximate and only cause of the loss. However, the common carrier
must exercise due diligence to prevent or minimize loss before,
during and after the occurrence of flood, storm or other natural
disaster in order that the common carrier may be exempted from
liability for the loss, destruction, or deterioration 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 1734, No. 2.
ARTICLE 1740.
transporting the goods, a natural disaster shall not free such carrier
from responsibility.
ARTICLE 1741. If the shipper or owner merely contributed to the
loss, destruction or deterioration of the goods, the proximate cause
thereof being the negligence of the common carrier, the latter shall
be liable in damages, which however, shall be equitably reduced.
ARTICLE 1742. Even if the loss, destruction, or deterioration of the
goods should be caused by the character of the goods, or the faulty
nature of the packing or of the containers, the common carrier must
exercise due diligence to forestall or lessen the loss.
ARTICLE 1743. If through the order of public authority the goods are
seized or destroyed, the common carrier is not responsible,
provided said public authority had power to issue the order.
ARTICLE 1744. A stipulation between the common carrier and the
shipper or owner limiting the liability of the former for the loss,
destruction, or deterioration of the goods to a degree less than
extraordinary diligence shall be valid, provided it be: mimows
(1) In writing, signed by the shipper or owner;
(2) Supported by a valuable consideration other than the service
rendered by the common carrier; and
(3) Reasonable, just and not contrary to public policy.
ARTICLE 1745. Any of the following or similar stipulations shall be
considered unreasonable, unjust and contrary to public policy:
(1) That the goods are transported at the risk of the owner or
shipper;
(2) That the common carrier will not be liable for any loss,
destruction, or deterioration of the goods;
(3) That the common carrier need not observe any diligence in the
custody of the goods;
(4) That the common carrier shall exercise a degree of diligence less
than that of a good father of a family, or of a man of ordinary
prudence in the vigilance over the movables transported;
(5) That the common carrier shall not be responsible for the acts or
omission of his or its employees;
(6) That the common carriers liability for acts committed by thieves,
or of robbers who do not act with grave or irresistible threat,
violence or force, is dispensed with or diminished;
(7) That the common carrier is not responsible for the loss,
destruction, or deterioration of goods on account of the defective
condition of the car, vehicle, ship, airplane or other equipment used
in the contract of carriage.
ARTICLE 1746. An agreement limiting the common carriers liability
may be annulled by the shipper or owner if the common carrier
refused to carry the goods unless the former agreed to such
stipulation.
ARTICLE 1747. If the common carrier, without just cause, delays the
transportation of the goods or changes the stipulated or usual route,
the contract limiting the common carriers liability cannot be availed
of in case of the loss, destruction, or deterioration of the goods.
ARTICLE 1748. An agreement limiting the common carriers liability
for delay on account of strikes or riots is valid.
ARTICLE 1749. A stipulation that the common carriers liability is
limited to the value of the goods appearing in the bill of lading,
unless the shipper or owner declares a greater value, is binding.
ARTICLE 1750. A contract fixing the sum that may be recovered by
the owner or shipper for the loss, destruction, or deterioration of
the goods is valid, if it is reasonable and just under the
circumstances, and has been fairly and freely agreed upon.
ARTICLE 1751. The fact that the common carrier has no competitor
along the line or route, or a part thereof, to which the contract
refers shall be taken into consideration on the question of whether
or not a stipulation limiting the common carriers liability is
reasonable, just and in consonance with public policy.
ARTICLE 1752. Even when there is an agreement limiting the liability
of the common carrier in the vigilance over the goods, the common
carrier is disputably presumed to have been negligent in case of
their loss, destruction or deterioration.
ARTICLE 1753. The law of the country to which the goods are to be
transported shall govern the liability of the common carrier for their
loss, destruction or deterioration.
ARTICLE 1763. A common carrier is responsible for injuries suffered
by a passenger on account of the wilful acts or negligence of other
passengers or of strangers, if the common carriers employees
through the exercise of the diligence of a good father of a family
could have prevented or stopped the act or omission.
Common Provisions
ARTICLE 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.
ARTICLE 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
carrier that repeatedly fails to comply with his or its duty to observe
extraordinary diligence as prescribed in this Section.
ARTICLE 1766. In all matters not regulated by this Code, the rights
and obligations of common carriers shall be governed by the Code of
Commerce and by special laws.

ARTICLE 1754. The provisions of articles 1733 to 1753 shall apply to

the passengers baggage which is not in his personal custody or in
that of his employee. As to other baggage, the rules in articles 1998
and 2000 to 2003 concerning the responsibility of hotel-keepers
shall be applicable.

Safety of Passengers

ARTICLE 1755. A common carrier is bound to carry the passengers

safely as far as human care and foresight can provide, using the
utmost diligence of very cautious persons, with a due regard for all
the circumstances.

ARTICLE 1756. In case of death of or injuries to passengers, common

carriers are presumed to have been at fault or to have acted
negligently, unless they prove that they observed extraordinary
diligence as prescribed in articles 1733 and 1755.

ARTICLE 1757. The responsibility of a common carrier for the safety

of passengers as required in articles 1733 and 1755 cannot be
dispensed with or lessened by stipulation, by the posting of notices,
by statements on tickets, or otherwise.

ARTICLE 1758. When a passenger is carried gratuitously, a

stipulation limiting the common carriers liability for negligence is
valid, but not for wilful acts or gross negligence.
The reduction of fare does not justify any limitation of the common
carriers liability.

ARTICLE 1759. Common carriers are liable for the death of or injuries
to passengers through the negligence or wilful acts of the formers
employees, although such employees may have acted beyond the
scope of their authority or in violation of the orders of the common
carriers. orIsit
This liability of the common carriers does not cease upon proof that
they exercised all the diligence of a good father of a family in the
selection and supervision of their employees.

ARTICLE 1760. The common carriers responsibility prescribed in the

preceding article cannot be eliminated or limited by stipulation, by
the posting of notices, by statements on the tickets or otherwise.

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

father of a family to avoid injury to himself.

ARTICLE 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.