FOR TRANSPORTATION LAW
RECITATION
Classes of 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.
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.
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 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.
LAW APPLICABLE
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 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.
International Convention on
Standards of Training, Certification
and Watchkeeping for Seafarers
(STCW)
The 1978 STCW Convention was the
first to establish basic requirements on
training, certification and watchkeeping
for seafarers on an international level.
Previously the standards of training,
certification and watchkeeping of officers
and ratings were established by
individual governments, usually without
reference to practices in other countries.
As a result standards and procedures
varied widely, even though shipping is
the most international of all industries. 
The Convention prescribes minimum
standards relating to training,
certification and watchkeeping for
seafarers which countries are obliged to
meet or exceed.
 
The 1995 amendments, adopted by a
Conference, represented a major
revision of the Convention, in response
to a recognized need to bring the
Convention up to date and to respond to
critics who pointed out the many vague
phrases, such as "to the satisfaction of
the Administration", which resulted in
different interpretations being made.
The 1995 amendments entered into
force on 1 February 1997. One of the
major features of the revision was the
division of the technical annex into
regulations, divided into Chapters as
before, and a new STCW Code, to
which many technical regulations were
transferred. Part A of the Code is
mandatory while Part B is
recommended.  Chapter
Dividing the regulations up in this way
makes administration easier and it also
makes the task of revising and updating
them more simple: for procedural and
legal reasons there is no need to call a
full conference to make changes to
Codes.
 
Another major change was the
requirement for Parties to the
Convention are required to provide
detailed information to IMO concerning
administrative measures taken to ensure
compliance with the Convention. This
represented the first time that IMO had
been called upon to act in relation to
compliance and implementation -
generally, implementation is down to the
flag States, while port State control also
acts to ensure compliance. Under
Chapter I, regulation I/7 of the revised
Convention, Parties are required to
provide detailed information to IMO
concerning administrative measures
taken to ensure compliance with the
Convention, education and training
courses, certification procedures and
other factors relevant to
implementation.The information is
reviewed by panels of competent
persons, nominated by Parties to the
STCW Convention, who report on their
findings to the IMO Secretary-General,
who, in turn, reports to the Maritime
Safety Committee (MSC) on the Parties
which fully comply. The MSC then
produces a list of "confirmed Parties" in
compliance with the STCW Convention.
 
STCW Convention chapters
Chapter I: General provisions
Chapter II: Master and deck department
III: Engine department
Chapter IV: Radiocommunication and
radio personnel
Chapter V: Special training requirements
for personnel on certain types of ships 
Chapter VI: Emergency, occupational
safety, medical care and survival
functions
Chapter VII: Alternative certification 
Chapter VIII: Watchkeeping
The STCW Code
The regulations contained in the
Convention are supported by sections in
the STCW Code. Generally speaking,
the Convention contains basic
requirements which are then enlarged
upon and explained in the Code.Part A
of the Code is mandatory. The minimum
standards of competence required for
seagoing personnel are given in detail in
a series of tables. Part B of the Code
contains recommended guidance which
is intended to help Parties implement
the Convention. The measures
suggested are not mandatory and the
examples given are only intended to
illustrate how certain Convention
requirements may be complied with.
However, the recommendations in
general represent an approach that has
been harmonized by discussions within
IMO and consultation with other
international organizations.
The Manila amendments to the STCW
Convention and Code were adopted
on 25 June 2010, marking a major
revision of the STCW Convention and
Code. The 2010 amendments entered
into force on 1 January 2012 under the
tacit acceptance procedure and are
aimed at bringing the Convention and
Code up to date with developments
since they were initially adopted  and to
enable them to address issues that are
anticipated to emerge in the foreseeable
future.  
 
Amongst the amendments adopted,
there are a number of important
changes to each chapter of the
Convention and Code, including:  operating in polar waters; and
 Improved measures to prevent
fraudulent practices associated
with certificates of competency
and strengthen the evaluation
process (monitoring of Parties'
compliance with the Convention);
 Revised requirements on hours of
work and rest and new
requirements for the prevention of
drug and alcohol abuse, as well as
updated standards relating to
medical fitness standards for
seafarers; 
 New certification requirements for
able seafarers;
 New requirements relating to
training in modern technology
such as electronic charts and
information systems (ECDIS);  date, objections to the amendment are
 New requirements for marine
environment awareness training
and training in leadership and
teamwork;  As a result the 1974 Convention has
 New training and certification
requirements for electro-technical
officers;
 Updating of competence
requirements for personnel serving
on board all types of tankers,
including new requirements for
personnel serving on liquefied gas
tankers; 
 New requirements for security
training, as well as provisions to
ensure that seafarers are properly
trained to cope if their ship comes
under attack by pirates; 
Introduction of modern training
methodology including distance
learning and web-based learning; 
 New training guidance for
personnel serving on board ships
 New training guidance for
personnel operating Dynamic
Positioning Systems.
SOLAS Convention
The SOLAS Convention in its
successive forms is generally regarded
as the most important of all international
treaties concerning the safety of
merchant ships. The first version was
adopted in 1914, in response to the
Titanic disaster, the second in 1929, the
third in 1948, and the fourth in 1960.
The 1974 version includes the tacit
acceptance procedure - which provides
that an amendment shall enter into force
on a specified date unless, before that
received from an agreed number of
Parties.
been updated and amended on
numerous occasions. The Convention in
force today is sometimes referred to as
SOLAS, 1974, as amended.

Technical provisions
The main objective of the SOLAS
Convention is to specify minimum
standards for the construction,
equipment and operation of ships,
compatible with their safety. Flag States
are responsible for ensuring that ships
under their flag comply with its
requirements, and a number of
certificates are prescribed in the
Convention as proof that this has been
done. Control provisions also allow
Contracting Governments to inspect
ships of other Contracting States if there
are clear grounds for believing that the
ship and its equipment do not
substantially comply with the
requirements of the Convention - this
procedure is known as port State
control. The current SOLAS Convention
includes Articles setting out general
obligations, amendment procedure and
so on, followed by an Annex divided into
14 Chapters.
Chapter I - General Provisions
Includes regulations concerning the
survey of the various types of ships and
the issuing of documents signifying that
the ship meets the requirements of the
Convention. The Chapter also includes
provisions for the control of ships in
ports of other Contracting Governments.
Chapter II-1 - Construction -
Subdivision and stability, machinery
and electrical installations  environment due to structural failure,
The subdivision of passenger ships into
watertight compartments must be such
that after assumed damage to the ship's
hull the vessel will remain afloat and
stable. Requirements for watertight
integrity and bilge pumping
arrangements for passenger ships are
also laid down as well as stability
requirements for both passenger and
cargo ships.
 
The degree of subdivision - measured
by the maximum permissible distance
between two adjacent bulkheads -
varies with ship's length and the service
in which it is engaged. The highest
degree of subdivision applies to
passenger ships. 
 
Requirements covering machinery and
electrical installations are designed to
ensure that services which are essential
for the safety of the ship, passengers
and crew are maintained under various
emergency conditions. 
"Goal-based standards" for oil tankers
and bulk carriers were adopted in
2010,  requiring new ships to be
designed and constructed for a specified
design life and to be safe and
environmentally friendly, in intact and
specified damage conditions, throughout
their life. Under the regulation, ships
should have adequate strength, integrity
and stability to minimize the risk of loss
of the ship or pollution to the marine
including collapse, resulting in flooding
or loss of watertight integrity.
 
Chapter II-2 - Fire protection, fire
detection and fire extinction
Includes detailed fire safety provisions
for all ships and specific measures for
passenger ships, cargo ships and
tankers.  cargo ships of 300 gross tonnage and
 
They include the following principles:
division of the ship into main and vertical
zones by thermal and structural
boundaries; separation of
accommodation spaces from the
remainder of the ship by thermal and
structural boundaries; restricted use of
combustible materials; detection of any
fire in the zone of origin; containment
and extinction of any fire in the space of
origin; protection of the means of
escape or of access for fire-fighting
purposes; ready availability of fire-
extinguishing appliances; minimization
of the possibility of ignition of flammable
cargo vapour.
Chapter III - Life-saving appliances
and arrangements
The Chapter includes requirements for
life-saving appliances and
arrangements, including requirements
for life boats, rescue boats and life
jackets according to type of ship. The
International Life-Saving Appliance
(LSA) Code gives specific technical
requirements for LSAs and is mandatory
under Regulation 34, which states that
all life-saving appliances and
arrangements shall comply with the
applicable requirements of the LSA
Code.
Chapter IV - Radiocommunications
The Chapter incorporates the Global
Maritime Distress and Safety System
(GMDSS). All passenger ships and all
upwards on international voyages are
required to carry equipment designed to
improve the chances of rescue following
an accident, including satellite
emergency position indicating radio
beacons (EPIRBs) and search and
rescue transponders (SARTs) for the
location of the ship or survival craft.
Regulations in Chapter IV cover
undertakings by contracting
governments to provide
radiocommunication services as well as
ship requirements for carriage of
radiocommunications equipment. The
Chapter is closely linked to the Radio
Regulations of the International
Telecommunication Union.
Chapter V - Safety of navigation 
Chapter V identifies certain navigation
safety services which should be
provided by Contracting Governments
and sets forth provisions of an
operational nature applicable in general
to all ships on all voyages. This is in
contrast to the Convention as a whole,
which only applies to certain classes of
ship engaged on international voyages.
 
The subjects covered include the
maintenance of meteorological services
for ships; the ice patrol service; routeing
of ships; and the maintenance of search
and rescue services.
 
This Chapter also includes a general
obligation for masters to proceed to the
assistance of those in distress and for
Contracting Governments to ensure that
all ships shall be sufficiently and
efficiently manned from a safety point of
view.
 
The chapter makes mandatory the
carriage of voyage data recorders
(VDRs) and automatic ship identification
systems (AIS).
Chapter VI - Carriage of Cargoes  Part B covers Construction and
The Chapter covers all types of cargo
(except liquids and gases in bulk)
"which, owing to their particular hazards
to ships or persons on board, may
require special precautions". The
regulations include requirements for
stowage and securing of cargo or cargo
units (such as containers). The Chapter
requires cargo ships carrying grain to
comply with the International Grain
Code.
 
Chapter VII - Carriage of dangerous
goods
The regulations are contained in three
parts:
Part A - Carriage of dangerous goods in
packaged form - includes provisions for
the classification, packing, marking,
labelling and placarding, documentation
and stowage of dangerous goods.
Contracting Governments are required
to issue instructions at the national level
and the Chapter makes mandatory the
International Maritime Dangerous Goods
(IMDG) Code, developed by IMO, which
is constantly updated to accommodate
new dangerous goods and to
supplement or revise existing provisions.
 
Part A-1 - Carriage of dangerous goods
in solid form in bulk - covers the
documentation, stowage and
segregation requirements for these
goods and requires reporting of
incidents involving such goods. 
equipment of ships carrying dangerous
liquid chemicals in bulk and requires
chemical tankers to comply with the
International Bulk Chemical Code (IBC
Code).
 
Part C covers Construction and
equipment of ships carrying liquefied
gases in bulk and gas carriers to comply
with the requirements of the
International Gas Carrier Code (IGC
Code).
 
Part D includes special requirements for
the carriage of packaged irradiated
nuclear fuel, plutonium and high-level
radioactive wastes on board ships and
requires ships carrying such products to
comply with the International Code for
the Safe Carriage of Packaged
Irradiated Nuclear Fuel, Plutonium and
High-Level Radioactive Wastes on
Board Ships (INF Code).
 
The chapter requires carriage of
dangerous goods to be in compliance
with the relevant provisions of the
International Maritime Dangerous Goods
Code (IMDG Code). 
Chapter VIII - Nuclear ships
Gives basic requirements for nuclear-
powered ships and is particularly
concerned with radiation hazards. It
refers to detailed and comprehensive
Code of Safety for Nuclear Merchant
Ships which was adopted by the IMO
Assembly in 1981.
 
Chapter IX - Management for the Safe
Operation of Ships
The Chapter makes mandatory the
International Safety Management (ISM)
Code, which requires a safety
management system to be established
by the shipowner or any person who has
assumed responsibility for the ship (the
"Company").
 
Chapter X - Safety measures for high-
speed craft  Governments to ensure that port facility
The Chapter makes mandatory the
International Code of Safety for High-
Speed Craft (HSC Code).  developed, implemented and reviewed
 
Chapter XI-1 - Special measures to
enhance maritime safety
The Chapter clarifies requirements
relating to authorization of recognized
organizations (responsible for carrying
out surveys and inspections on
Administrations' behalves); enhanced
surveys; ship identification number
scheme; and port State control on
operational requirements.
Chapter XI-2 - Special measures to
enhance maritime security
Regulation XI-2/3 of the  chapter
enshrines the International Ship and
Port Facilities Security Code (ISPS
Code). Part A of the Code is mandatory
and part B contains guidance as to how
best to comply with the mandatory
requirements. Regulation XI-2/8
confirms the role of the Master in
exercising his professional judgement
over decisions necessary to maintain
the security of the ship. It says he shall
not be constrained by the Company, the
charterer or any other person in this
respect.
 
Regulation XI-2/5 requires all ships to be
provided with a ship security alert
system. ,Regulation XI-2/6 covers
requirements for port facilities, providing
among other things for Contracting
security assessments are carried out
and that port facility security plans are
in accordance with the ISPS Code.
Other regulations in this chapter cover
the provision of information to IMO, the
control of ships in port, (including
measures such as the delay, detention,
restriction of operations including
movement within the port, or expulsion
of a ship from port), and the specific
responsibility of Companies.
Chapter XII - Additional safety
measures for bulk carriers
The Chapter includes structural
requirements for bulk carriers over 150
metres in length.
Chapter XIII - Verification of
compliance 
Makes mandatory from 1 January 2016
the IMO Member State Audit Scheme.  B - Steering and Sailing; Part C - Lights
Chapter XIV - Safety measures for
ships operating in polar waters
The chapter makes mandatory, from 1
January 2017, the Introduction and part
I-A of the International Code for Ships
Operating in Polar Waters (the Polar
Code).
COLREGs
The 1972 Convention was designed to
update and replace the Collision
Regulations of 1960 which were
adopted at the same time as the 1960
SOLAS Convention.  Part A - General (Rules 1-3)
One of the most important innovations in
the 1972 COLREGs was the recognition
given to traffic separation schemes -
Rule 10 gives guidance in determining
safe speed, the risk of collision and the
conduct of vessels operating in or near
traffic separation schemes. 
 
The first such traffic separation scheme
was established in the Dover Strait in
1967. It was operated on a voluntary
basis at first but in 1971 the IMO
Assembly adopted a resolution stating
that that observance of all traffic
separation schemes be made
mandatory - and the COLREGs make
this obligation clear.
Technical provisions
The COLREGs include 41 rules divided
into six sections: Part A - General; Part
and Shapes; Part D - Sound and Light
signals;  Part E - Exemptions; and Part
F - Verification of compliance with the
provisions of the Convention. There are
also four Annexes containing technical
requirements concerning lights and
shapes and their positioning; sound
signalling appliances; additional signals
for fishing vessels when operating in
close proximity, and international
distress signals.
Rule 1 states that the rules apply to all
vessels upon the high seas and all
waters connected to the high seas and
navigable by seagoing vessels.
Rule 2 covers the responsibility of the
master, owner and crew to comply with
the rules. 
 
Rule 3 includes definitions.  course of a narrow channel or fairway is
Part B- Steering and Sailing (Rules 4-
19)
Section 1 - Conduct of vessels in any
condition of visibility (Rules 4-10)
 
Rule 4 says the section applies in any
condition of visibility.
Rule 5 requires that "every vessel shall
at all times maintain a proper look-out by
sight and hearing as well as by all
available means appropriate in the
prevailing circumstances and conditions
so as to make a full appraisal of the
situation and of the risk of collision.
Rule 6 deals with safe speed. It requires
that: "Every vessel shall at all times
proceed at a safe speed...". The Rule
describes the factors which should be
taken into account in determining safe
speed. Several of these refer specifically
to vessels equipped with radar.The
importance of using "all available
means" is further stressed in 
Rule 7 covering risk of collision, which
warns that "assumptions shall not be
made on the basis of scanty information,
especially scanty radar information"
 
Rule 8 covers action to be taken to
avoid collision.
 
In Rule 9 a vessel proceeding along the
obliged to keep "as near to the outer
limit of the channel or fairway which lies
on her starboard side as is safe and
practicable." The same Rule obliges a
vessel of less than 20 metres in length
or a sailing vessel not to impede the
passage of a vessel "which can safely
navigate only within a narrow channel or
fairway."
The Rule also forbids ships to cross a
narrow channel or fairway "if such
crossing impedes the passage of a
vessel which can safely navigate only
within such channel or fairway." The
meaning "not to impede" was classified
by an amendment to Rule 8 in 1987. A
new paragraph (f) was added, stressing
that a vessel which was required not to
impede the passage of another vessel
should take early action to allow
sufficient sea room for the safe passage
of the other vessel. Such vessel was
obliged to fulfil this obligation also when
taking avoiding action in accordance
with the steering and sailing rules when
risk of collision exists.
Rule 10 of the Collision Regulations
deals with the behaviour of vessels in or
near traffic separation schemes adopted
by the Organization. By regulation 8 of
Chapter V (Safety of Navigation) of
SOLAS, IMO is recognized as being the
only organization competent to deal with
international measures concerning the
routeing of ships.
The effectiveness of traffic separation
schemes can be judged from a study
made by the International Association of
Institutes of Navigation (IAIN) in 1981.
This showed that between 1956 and
1960 there were 60 collisions in the
Strait of Dover; twenty years later,
following the introduction of traffic
separation schemes, this total was cut to
only 16.
In other areas where such schemes did
not exist the number of collisions rose
sharply. New traffic separation schemes
are introduced regularly and existing
ones are amended when necessary to
respond to changed traffic conditions. To
enable this to be done as quickly as
possible the MSC has been authorized
to adopt and amend traffic separation
schemes on behalf of the Organization.
 
Rule 10 states that ships crossing traffic
lanes are required to do so "as nearly as
practicable at right angles to the general
direction of traffic flow." This reduces
confusion to other ships as to the
crossing vessel's intentions and course
and at the same time enables that
vessel to cross the lane as quickly as
possible.
Fishing vessels "shall not impede the
passage of any vessel following a traffic
lane" but are not banned from fishing.
This is in line with Rule 9 which states
that "a vessel engaged in fishing shall
not impede the passage of any other
vessel navigating within a narrow
channel or fairway."In 1981 the
regulations were amended. Two new
paragraphs were added to Rule 10 to
exempt vessels which are restricted in
their ability to manoeuvre "when
engaged in an operation for the safety of
navigation in a traffic separation
scheme" or when engaged in cable
laying.
In 1987 the regulations were again
amended. It was stressed that Rule 10
applies to traffic separation schemes
adopted by the Organization (IMO) and
does not relieve any vessel of her
obligation under any other rule. It was
also to clarify that if a vessel is obliged
to cross traffic lanes it should do so as
nearly as practicable at right angles to
the general direction of the traffic flow. In
1989 Regulation 10 was further
amended to clarify the vessels which
may use the "inshore traffic zone."
 
Section II - Conduct of vessels in
sight of one another (Rules 11-18)
Rule 11 says the section applies to
vessels in sight of one another.
Rule 12 states action to be taken when
two sailing vessels are approaching one
another. 
Rule 13covers overtaking - the
overtaking vessel should keep out of the
way of the vessel being overtaken.

Rule 14 deals with head-on situations.
Crossing situations are covered by Rule
15 and action to be taken by the give-
way vessel is laid down in Rule 16.
 
Rule 17 deals with the action of the
stand-on vessel, including the provision
that the stand-on vessel may "take
action to avoid collision by her
manoeuvre alone as soon as it becomes
apparent to her that the vessel required
to keep out of the way is not taking
appropriate action.
 
Rule 18 deals with responsibilities
between vessels and includes
requirements for vessels which shall
keep out of the way of others.
 
Section III - conduct of vessels in
restricted visibility (Rule 19)
Rule 19 states every vessel should
proceed at a safe speed adapted to
prevailing circumstances and restricted
visibility. A vessel detecting by radar
another vessel should determine if there
is risk of collision and if so take avoiding
action. A vessel hearing fog signal of
another vessel should reduce speed to a
minimum.
Part C Lights and Shapes (Rules 20-
31)
Rule 20 states rules concerning lights
apply from sunset to sunrise.Rule 21
gives definitions.
Rule 22 covers visibility of lights -
indicating that lights should be visible at
minimum ranges (in nautical miles)
determined according to the type of
vessel. 
 
Rule 23 covers lights to be carried by
power-driven vessels underway.
Rule 24 covers lights for vessels towing
and pushing.
 
Rule 25 covers light requirements for
sailing vessels underway and vessels
under oars.
 
Rule 26 covers light requirements for
fishing vessels.
 
Rule 27 covers light requirements for
vessels not under command or
restricted in their ability to manoeuvre.
 
Rule 28 covers light requirements for
vessels constrained by their draught.
 
Rule 29 covers light requirements for
pilot vessels.
Rule 30 covers light requirements for
vessels anchored and aground.Rule 31
covers light requirements for seaplanes
 
Part D - Sound and Light Signals
(Rules 32-37)
Rule 32 gives definitions of whistle,
short blast, and prolonged blast.
 
Rule 33 says vessels 12 metres or more
in length should carry a whistle and a
bell and vessels 100 metres or more in
length should carry in addition a gong.
 
Rule 34 covers manoeuvring and
warning signals, using whistle or lights.
Rule 35 covers sound signals to be used
in restricted visibility.
Rule 36 covers signals to be used to
attract attention.
Rule 37 covers distress signals.
 
Part E - Exemptions (Rule 38)
Rule 38 says ships which comply with
the 1960 Collision Regulations and were
built or already under construction when
the 1972 Collision Regulations entered
into force may be exempted from some
requirements for light and sound signals
for specified periods.
Part F - Verification of compliance
with the provisions of the Convention
The Rules, adopted in 2013,  bring in
the requirements for compulsory audit of
Parties to the Convention.  
Rule 39 provides definitions.
Rule 40  says that Contracting Parties
shall use the provisions of the Code for
Implementation in the execution of their
obligations and responsibilities
contained in the present Convention.
Rule 41 on Verification of compliance
says that every Contracting Party is
subject to periodic audits by IMO. 
Annexes
The COLREGs include four annexes:
Annex I - Positioning and technical
details of lights and shapes
Annex II - Additional signals for fishing
vessels fishing in close proximity
 
Annex III - Technical details of sounds
signal appliances
 
Annex IV - Distress signals, which lists
the signals indicating distress and need
of assistance.
Natural Disaster
Art. 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 of omission of the shipper or
owner of the goods;
(4) The character of the goods or
defects in the packing or in the
containers;
(5) Order or act of competent public
authority.
Art. 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.
Art. 1740. If the common carrier
negligently incurs in delay in
transporting the goods, a natural
disaster shall not free such carrier from
responsibility.
ARTICLE 361. The merchandise shall
be transported at the risk and venture of
the shipper, if the contrary has not been
expressly stipulated. (Code of
Commerce)
Acts of Public Enemy
(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 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.
Act or Omission of Shipper of Goods
(3) Act of omission of the shipper or
owner of the goods;
Art. 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.
Character of Goods
(4) The character of the goods or
defects in the packing or in the
containers;
Art. 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.
Order of Competent Authority
(5) Order or act of competent public
authority.
Art. 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.
Duration of Extraordinary Responsibility
Art. 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.
Art. 1737. The common carrier's duty to
observe extraordinary 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 transitu.
Art. 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.
As to Diligence Required
Art. 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:
(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.
Art. 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 carrier's 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.
Art. 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
carrier's liability is reasonable, just and
in consonance with public policy.
Amount of Liability
Art. 1749. A stipulation that the common
carrier's 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.
Art. 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.
As to Delay in Liability
Art. 1740. If the common carrier
negligently incurs in delay in
transporting the goods, a natural
disaster shall not free such carrier from
responsibility.
Factors Affecting Agreement
Art. 1746. An agreement limiting the
common carrier's 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.
Art. 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 carrier's liability cannot be
availed of in case of the loss,
destruction, or deterioration of the
goods.
Art. 1748. An agreement limiting the
common carrier's liability for delay on
account of strikes or riots is valid.
Art. 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.
Art. 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
carrier's liability is reasonable, just and
in consonance with public policy.
Applicable Law in Foreign Trade
Art. 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.
Rules on Passenger Baggage
Art. 1754. The provisions of Articles
1733 to 1753 shall apply to the
passenger's 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.
Art. 1998. The deposit of effects made
by the travellers in hotels or inns shall
also be regarded as necessary. The
keepers of hotels or inns shall be
responsible for them as depositaries,
provided that notice was given to them,
or to their employees, of the effects
brought by the guests and that, on the
part of the latter, they take the
precautions which said hotel-keepers or
their substitutes advised relative to the
care and vigilance of their effects.
(1783)
Art. 2000. The responsibility referred to
in the two preceding articles shall
include the loss of, or injury to the
personal property of the guests caused
by the servants or employees of the
keepers of hotels or inns as well as
strangers; but not that which may
proceed from any force majeure. The
fact that travellers are constrained to
rely on the vigilance of the keeper of the
hotels or inns shall be considered in
determining the degree of care required
of him. (1784a)
Art. 2001. The act of a thief or robber,
who has entered the hotel is not
deemed force majeure, unless it is done
with the use of arms or through an
irresistible force. (n)
Art. 2002. The hotel-keeper is not liable
for compensation if the loss is due to the
acts of the guest, his family, servants or
visitors, or if the loss arises from the
character of the things brought into the
hotel. (n)
Art. 2003. The hotel-keeper cannot free
himself from responsibility by posting
notices to the effect that he is not liable
for the articles brought by the guest. Any
stipulation between the hotel-keeper and
the guest whereby the responsibility of
the former as set forth in articles 1998 to
2001 is suppressed or diminished shall
be void. (n)
Nature and Extent of Responsibility
Art. 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.
Art. 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.