You are on page 1of 4


In all cases other than

Common Carriers (n) those mentioned in Nos. 1, 2, 3, 4, and 5
SUBSECTION 1 of the preceding article, if the goods are
General Provisions lost, destroyed or deteriorated, common
carriers are presumed to have been at fault
ARTICLE 1732. Common carriers are or to have acted negligently, unless they
persons, corporations, firms or prove that they observed extraordinary
associations engaged in the business of diligence as required in article 1733.
carrying or transporting passengers or
goods or both, by land, water, or air, for ARTICLE 1736. The extraordinary
compensation, offering their services to the responsibility of the common carrier lasts
public. from the time the goods are unconditionally
placed in the possession of, and received
ARTICLE 1733. Common carriers, from the by the carrier for transportation until the
nature of their business and for reasons of same are delivered, actually or
public policy, are bound to observe constructively, by the carrier to the
extraordinary diligence in the vigilance consignee, or to the person who has a right
over the goods and for the safety of the to receive them, without prejudice to the
passengers transported by them, according provisions of article 1738.
to all the circumstances of each case.
ARTICLE 1737. The common carrier's duty
Such extraordinary diligence in the to observe extraordinary diligence over the
vigilance over the goods is further goods remains in full force and effect even
expressed in articles 1734, 1735, and when they are temporarily unloaded or
1745, Nos. 5, 6, and 7, while the stored in transit, unless the shipper or
extraordinary diligence for the safety of the owner has made use of the right of
passengers is further set forth in articles stoppage in transitu.
1755 and 1756.
ARTICLE 1738. The extraordinary liability
SUBSECTION 2 of the common carrier continues to be
Vigilance Over Goods operative even during the time the goods
are stored in a warehouse of the carrier at
ARTICLE 1734. Common carriers are the place of destination, until the consignee
responsible for the loss, destruction, or has been advised of the arrival of the goods
deterioration of the goods, unless the same and has had reasonable opportunity
is due to any of the following causes only: thereafter to remove them or otherwise
dispose of them.
(1) Flood, storm, earthquake, lightning, or
other natural disaster or calamity; ARTICLE 1739. In order that the common
carrier may be exempted from
responsibility, the natural disaster must
(2) Act of the public enemy in war, whether
have been the proximate and only cause of
international or civil;
the loss. However, the common carrier
must exercise due diligence to prevent or
(3) Act or omission of the shipper or owner minimize loss before, during and after the
of the goods; occurrence of flood, storm or other natural
disaster in order that the common carrier
(4) The character of the goods or defects in may be exempted from liability for the loss,
the packing or in the containers; destruction, or deterioration of the goods.
The same duty is incumbent upon the
(5) Order or act of competent public common carrier in case of an act of the
public enemy referred to in article 1734, (1) That the goods are transported at the
No. 2. risk of the owner or shipper;

ARTICLE 1740. If the common carrier (2) That the common carrier will not be
negligently incurs in delay in transporting liable for any loss, destruction, or
the goods, a natural disaster shall not free deterioration of the goods;
such carrier from responsibility.
(3) That the common carrier need not
ARTICLE 1741. If the shipper or owner observe any diligence in the custody of the
merely contributed to the loss, destruction goods;
or deterioration of the goods, the
proximate cause thereof being the (4) That the common carrier shall exercise
negligence of the common carrier, the a degree of diligence less than that of a
latter shall be liable in damages, which good father of a family, or of a man of
however, shall be equitably reduced. ordinary prudence in the vigilance over the
movables transported;
ARTICLE 1742. Even if the loss,
destruction, or deterioration of the goods (5) That the common carrier shall not be
should be caused by the character of the responsible for the acts or omission of his
goods, or the faulty nature of the packing or its employees;
or of the containers, the common carrier
must exercise due diligence to forestall or (6) That the common carrier's liability for
lessen the loss. acts committed by thieves, or of robbers
who do not act with grave or irresistible
ARTICLE 1743. If through the order of threat, violence or force, is dispensed with
public authority the goods are seized or or diminished;
destroyed, the common carrier is not
responsible, provided said public authority (7) That the common carrier is not
had power to issue the order. responsible for the loss, destruction, or
deterioration of goods on account of the
ARTICLE 1744. A stipulation between the defective condition of the car, vehicle, ship,
common carrier and the shipper or owner airplane or other equipment used in the
limiting the liability of the former for the contract of carriage.
loss, destruction, or deterioration of the
goods to a degree less than extraordinary ARTICLE 1746. An agreement limiting the
diligence shall be valid, provided it be: common carrier's liability may be annulled
by the shipper or owner if the common
(1) In writing, signed by the shipper or carrier refused to carry the goods unless
owner; the former agreed to such stipulation.

(2) Supported by a valuable consideration ARTICLE 1747. If the common carrier,

other than the service rendered by the without just cause, delays the
common carrier; and transportation of the goods or changes the
stipulated or usual route, the contract
(3) Reasonable, just and not contrary to limiting the common carrier's liability
public policy. cannot be availed of in case of the loss,
destruction, or deterioration of the goods.
ARTICLE 1745. Any of the following or
similar stipulations shall be considered ARTICLE 1748. An agreement limiting the
unreasonable, unjust and contrary to public common carrier's liability for delay on
policy: account of strikes or riots is valid.
ARTICLE 1749. A stipulation that the persons, with a due regard for all the
common carrier's liability is limited to the circumstances.
value of the goods appearing in the bill of
lading, unless the shipper or owner ARTICLE 1756. In case of death of or
declares a greater value, is binding. injuries to passengers, common carriers
are presumed to have been at fault or to
ARTICLE 1750. A contract fixing the sum have acted negligently, unless they prove
that may be recovered. by the owner or that they observed extraordinary diligence
shipper for the loss, destruction, or as prescribed in articles 1733 and 1755.
deterioration of the goods is valid, if it is
reasonable and just under the ARTICLE 1757. The responsibility of a
circumstances, and has been fairly and common carrier for the safety of
freely agreed upon. passengers as required in articles 1733 and
1755 cannot be dispensed with or lessened
ARTICLE 1751. The fact that the common by stipulation, by the posting of notices, by
carrier has no competitor along the line or statements on tickets, or otherwise.
route, or a part thereof, to which the
contract refers shall be taken into ARTICLE 1758. When a passenger is
consideration on the question of whether or carried gratuitously, a stipulation limiting
not a stipulation limiting the common the common carrier's liability for
carrier's liability is reasonable, just and in negligence is valid, but not for wilful acts or
consonance with public policy. gross negligence.

ARTICLE 1752. Even when there is an The reduction of fare does not justify any
agreement limiting the liability of the limitation of the common carrier's liability.
common carrier in the vigilance over the
goods, the common carrier is disputably ARTICLE 1759. Common carriers are liable
presumed to have been negligent in case of for the death of or injuries to passengers
their loss, destruction or deterioration. through the negligence or wilful acts of the
former's employees, although such
ARTICLE 1753. The law of the country to employees may have acted beyond the
which the goods are to be transported shall scope of their authority or in violation of the
govern the liability of the common carrier orders of the common carriers.
for their loss, destruction or deterioration.
This liability of the common carriers does
ARTICLE 1754. The provisions of articles not cease upon proof that they exercised
1733 to 1753 shall apply to the passenger's all the diligence of a good father of a family
baggage which is not in his personal in the selection and supervision of their
custody or in that of his employee. As to employees.
other baggage, the rules in articles 1998
and 2000 to 2003 concerning the ARTICLE 1760. The common carrier's
responsibility of hotel-keepers shall be responsibility prescribed in the preceding
applicable. article cannot be eliminated or limited by
stipulation, by the posting of notices, by
SUBSECTION 3 statements on the tickets or otherwise.
Safety of Passengers
ARTICLE 1761. The passenger must
ARTICLE 1755. A common carrier is bound observe the diligence of a good father of a
to carry the passengers safely as far as family to avoid injury to himself.
human care and foresight can provide,
using the utmost diligence of very cautious
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

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 carrier's
employees through the exercise of the
diligence of a good father of a family could
have prevented or stopped the act or

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.