LAW ON COMMON CARRIER

COMMON CARRIER

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.
Common Carrier is defined as on holding itself out to the public as engaged
in the transportation of freight or passenger for hire. It is one who is in the
business of transporting goods or persons for hire, as a public utility.

Private Carrier, in contrast, is not in business of transporting public

employment, but hires our to deliver goods (not passengers) in particular
cases.
OBLIGATIONS TO CARRY Bound to carry ALL who choose CAN CHOOSE the persons
to employ whom it may contract
DISTINCTIONS
COMMON CARRIER
PRIVATE CARRIER
Obligations to carry
Bound to carry ALL who choose to employ it
CAN CHOOSE the persons whom it may contract
Diligence required
Extraordinary diligence
Ordinary diligence

DELIGENCE REQUIRED Extraordinary diligence Ordinary Diligence

Case: Spouses Fabre and his wife were owners of 1982 model Mazda
Minibus. They used the bus principally in connection with a bus service for
school children which they operated in Manila. The couple had a driver,
Porfirio J. Cabil, whom they hired in 1981. His job was to take school
children to and from the St. Scholasticas College in Malate, Manila. On
November 2, 1984, the Word for the WWCF arrange with Spouses Fabre
for the transportation of 33 members of its Young Adults Ministry from
Manila to La Union for consideration of P300.00. Are Spouses Fabre
considered a common carrier or private carrier?
The Supreme Court held that this case
actually involves a contract of carriage.
Petitioners, the Fabres, did not have to
be engaged in the business of public
transportation for the provisions of the
Civil Code on common carriers to apply
to them. As this Court has held: 10 Art.
 CONTRACT OF
TRANSPORTATION/ CARRIAGE
Is a contract whereby a
person, natural or juridical,
obligates himself to transport
persons or goods, or both,
from one place to another, by
land, water or air, for a price
or compensation.
 Responsibility of Common Carrier
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
 The duration of Exercise of
Extraordinary Diligence

a) In Carriage of Passengers
     

“The victim becomes a passenger

from the moment he steps on the
platform of the bus, and entitled to
all rights as such, including the
observance by the common carrier
b) In Carriage of Cargoes
     

It starts from the time the cargo is

delivered to the terminal of the bus
company and accepted for carriage by
the common carrier. xxx xxx xxx.
The contract of conveyance ends when
the shipper or consignee takes delivery
of the cargo at the point of destination.
Art. 1756.  In case of death 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.
Art. 1757. The responsibility of a common
carrier for the safety of passengers as
 Liabilities of common carriers for
the Acts of Employees and
Strangers
Art. 1759.  Common carriers are liable
for the death of or injuries to passengers
through the negligence or willful acts of
the former’s employees, although such
employees may have acted beyond the
scope of their authority or in violation of
the orders of the common carriers
 Discussion:
For a bus company, due diligence in selection of employees is not satisfied by
finding that the applicant possessed a professional driver’s license. The
employer should also examine the applicant for his qualifications, experience
and record of service. Due diligence in supervision, on the other hand, requires
formulation of rules and regulations for the guidance of employees and
issuance of proper instructions as well as actual implementation and
monitoring of consistent compliance with the rules. For a shipping company,
the vessel must be considered seaworthy, adequately equipped for the voyage
and manned with a sufficient number of competent officers.
 Enforcement of Liability of common
carriers
The Liability of common carriers can be enforced on the following causes of
action:

a. In case of death or injury caused to passengers, the victim may

file a case of breach of contract of carriage or culpa contractual against the
owner of the common carrier.

b. In case of death or injury caused to a stranger or pedestrian, the

victim may file a criminal complaint against the driver of the common
carrier for reckless imprudence resulting to homicide and damage to
property. The victim may also file a civil suit against the common carrier
and its driver on the ground of culpa aquiliana or quasi-delict.
 Damages Recoverable from
Common Carriers
a. Actual or Compensatory damages –
are adequate compensation for
pecuniary loss suffered by a person as
he has proven (e.g. – medicine,
hospitalization expenses).
                                               
b. Moral damages – include physical
suffering, mental anguish, fright,
c. Exemplary or Corrective damages
– are imposed, by way of example or
correction for the public good, in
addition to actual or compensatory,
moral, temperate or liquidated
damages.
                                               
d. Nominal damages – are
e. Temperate or Moderate damages
– which are more than nominal but
less than compensatory damages, may
be recovered when the court finds that
some pecuniary loss has been suffered
but its amount cannot from the nature
of the case, be proven with certainty.
f. Liquidated damages – are those
Dangwa Transco. Co. Inc. v. CA
Facts:
Private respondents filed a complaint for
damages against petitioners for the death
of Pedrito Cudiamat. The deceased was
attempting to board a bus, but it suddenly
accelerated forward. He fell off and the
bus ran over him, resulting to his death.
However, instead of bringing Pedrito
Held:
It is the duty of common carriers of
passengers to stop their conveyances a
reasonable length of time in order to
afford passengers an opportunity to
board and enter, and they are liable for
injuries suffered by boarding
passengers resulting from the sudden
 LRTA vs. Natividad
FACTS:
October 14, 1993, 7:30 p.m. : Drunk
Nicanor Navidad (Nicanor) entered
the EDSA LRT station after
purchasing a “token”.  While Nicanor
was standing at the platform near the
LRT tracks, the guard Junelito
Escartin approached him. Due to
 HELD: NO. NO link between Prudent
and the death of Nicanor for the reason
that the negligence of Escartin was NOT
proven

NO showing that Roman himself is

guilty of any culpable act or omission, he
must also be absolved from liability
 Regulation of Transport Industry

Department of Transportation and

Communications (DOTC)
1. Land Transportation
      

a. Land Transportation Office

      

(LTO)
b. Land Transportation and
     

Franchising and Regulatory Board

3. Air Transportation
      

a.       Civil Aviation Authority of

the Philippines (CAAP) – regulates
economic aspect of air transportation.
It has general supervision and control
over air carriers. It fixes and
determines rates, fares or charges for
any service in connection with air
Republic Act 8750: Seat belt use Act
of 1999
The seatbelt law was enacted to secure
and safeguard its citizenry, particularly
the passengers and drivers of private
and public motor vehicles, from the
ruinous and extremely injurious
effects of vehicular accidents. In order
to secure the safety of the passengers
and drivers at all times, the mandatory
 The highlights of the law:
The driver and front seat passengers of a public vehicle are required to wear or
use their seatbelt devices while inside a vehicle of running engine on any road or
thoroughfare. In additions, the driver of a public motor vehicle shall be required
to immediately inform and require the front seat passengers upon boarding a
vehicles of running engine to wear the prescribed seatbelts. Any passenger who
refuses to wear seatbelts shall not be allowed to continue his/her trip.

Infants and/ or children aged six (6) years and below shall be prohibited to sit in
the front seat of any running motor vehicle.

It shall be unlawful for any person to import or cause the importation of any
vehicles without approbate and operational seatbelt devices.

For new vehicles, compliance is required for registration.

Failure to comply shall disallow the registration and/or renewal of the

LAW ON TRANSPORTATION
OF ANIMALS
By virtue of RA 8485, also know as
the Animal Welfare Act of 1998, it
shall be the duty of nay operator of
nay land, air or water public utility
transporting pets, wildlife and all other
animals to provide in all cases
adequate, clean and sanitary facilities
for the safe conveyance and delivery
 In order to assure safety of passengers
and crew members of aircrafts or
vessels, it is necessary to obtain a
1.shipping permit
Certificate of rabies vaccination from
for not less the
than 30 Bureau
days; in case of of
international carriage, a certificate of “5 in 1” (Parvo, lepto, deworm,
Quarantine before an animal may be
distemper and hepatitis) vaccination may also be required.

2.allowed to
For agricultural animals,bea transported
certificate of clearance from onthe board.
noggin test
and FMD (food and mouth disease) test is required.
The Bureau of Quarantine has
required the following documents as
certified by a licensed veterinary
Requirements Prior to the Shipment of
Pet Animals
• A person planning to bring any
animal into the Philippines from
abroad must apply in writing for an
import permit at the following
•
address:
    The Director
    Bureau of Animal Industry
For countries declared to be rabies-
free, the rabies vaccination is waived.
The appropriate authorities in the
country of origin can provide this
information.
For pet fishes, in lieu of a health
certificate, a prior import permit must
be obtained from the Bureau of