Professional Documents
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Civil Code of The Philippines
Civil Code of The Philippines
ARTICLE 1732. Common carriers are persons, corporations, firms or ARTICLE 1741. If the shipper or owner merely contributed to the
associations engaged in the business of carrying or transporting loss, destruction or deterioration of the goods, the proximate cause
passengers or goods or both, by land, water, or air, for thereof being the negligence of the common carrier, the latter shall
compensation, offering their services to the public. be liable in damages, which however, shall be equitably reduced.
Vigilance Over Goods 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
ARTICLE 1733. Common carriers, from the nature of their business
exercise due diligence to forestall or lessen the loss.
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 ARTICLE 1743. If through the order of public authority the goods are
of each case. Paitdo seized or destroyed, the common carrier is not responsible,
Such extraordinary diligence in the vigilance over the goods is provided said public authority had power to issue the order.
further expressed in articles 1734, 1735, and 1745, Nos. 5, 6, and 7,
while the extraordinary diligence for the safety of the passengers is ARTICLE 1744. A stipulation between the common carrier and the
further set forth in articles 1755 and 1756. shipper or owner limiting the liability of the former for the loss,
destruction, or deterioration of the goods to a degree less than
ARTICLE 1734. Common carriers are responsible for the loss, extraordinary diligence shall be valid, provided it be: mimows
destruction, or deterioration of the goods, unless the same is due to
any of the following causes only: (1) In writing, signed by the shipper or owner;
(1) Flood, storm, earthquake, lightning, or other natural disaster or (2) Supported by a valuable consideration other than the service
calamity; rendered by the common carrier; and
(2) Act of the public enemy in war, whether international or civil; (3) Reasonable, just and not contrary to public policy.
(3) Act or omission of the shipper or owner of the goods; ARTICLE 1745. Any of the following or similar stipulations shall be
considered unreasonable, unjust and contrary to public policy:
(4) The character of the goods or defects in the packing or in the
containers; meriee (1) That the goods are transported at the risk of the owner or
shipper;
(5) Order or act of competent public authority.
(2) That the common carrier will not be liable for any loss,
ARTICLE 1735. In all cases other than those mentioned in Nos. 1, 2, destruction, or deterioration of the goods;
3, 4, and 5 of the preceding article, if the goods are lost, destroyed
or deteriorated, common carriers are presumed to have been at (3) That the common carrier need not observe any diligence in the
fault or to have acted negligently, unless they prove that they custody of the goods;
observed extraordinary diligence as required in article 1733.
(4) That the common carrier shall exercise a degree of diligence less
ARTICLE 1736. The extraordinary responsibility of the common than that of a good father of a family, or of a man of ordinary
carrier lasts from the time the goods are unconditionally placed in prudence in the vigilance over the movables transported;
the possession of, and received by the carrier for transportation
until the same are delivered, actually or constructively, by the carrier (5) That the common carrier shall not be responsible for the acts or
to the consignee, or to the person who has a right to receive them, omission of his or its employees;
without prejudice to the provisions of article 1738.
(6) That the common carriers liability for acts committed by thieves,
ARTICLE 1737. The common carriers duty to observe extraordinary or of robbers who do not act with grave or irresistible threat,
diligence in the vigilance over the goods remains in full force and violence or force, is dispensed with or diminished;
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
(7) That the common carrier is not responsible for the loss,
transitu.
destruction, or deterioration of goods on account of the defective
condition of the car, vehicle, ship, airplane or other equipment used
ARTICLE 1738. The extraordinary liability of the common carrier in the contract of carriage.
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
ARTICLE 1746. An agreement limiting the common carriers liability
consignee has been advised of the arrival of the goods and has had
may be annulled by the shipper or owner if the common carrier
reasonable opportunity thereafter to remove them or otherwise
refused to carry the goods unless the former agreed to such
dispose of them.
stipulation.
Safety of Passengers
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.