NCC

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 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;
(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 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.
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. If the common carrier negligently incurs in delay
in transporting the goods, a natural disaster shall not free such
carrier from responsibility.
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:
(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 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.
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 carrier's liability cannot
be availed of in case of the loss, destruction, or deterioration of
the goods.
Article 1748. An agreement limiting the common carrier's
liability for delay on account of strikes or riots is valid.
Article 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.
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 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.

CC
Article 358
Should no period within which goods are to be delivered be
previously fixed, the carrier shall be under the obligation to
forward them in the first shipment of the same or similar
merchandise which he may make to the point of delivery; and
should he not do so, the damages occasioned by the delay shall
be suffered by him.
Article 360
The shipper may, without changing the place where the delivery
is to be made, change the consignment of the goods delivered to
the carrier, and the latter shall comply with his orders, provided
that at the time of making the change of the consignee the bill of
lading subscribed by the carrier be returned to him, if one were
issued, exchanging it for another containing the novation of the
contract.
The expenses arising from the change of consignment shall be
defrayed by the shipper.
 
Article 363
With the exception of the cases prescribed in the second
paragraph of Article 361, the carrier shall be obliged to deliver
the goods transported in the same condition in which, according
to the bill of lading, they were at the time of their receipt,
without any detriment or impairment, and should he not do so,
he shall be obliged to pay the value of the goods not delivered at
the point where they should have been and at the time the
delivery should have taken place.
If part of the goods transported should be delivered the
consignee may refuse to receive them, when he proves that he
can not make use thereof without the others.
Article 364
If the effect of the damage referred to in Article 361 should be
only a reduction in the value of the goods, the obligation of the
carrier shall be reduced to the payment of the amount of said
reduction in value, after appraisal by experts.
Article 365
If, on account of the damage, the goods are rendered useless for
purposes of sale or consumption in the use for which they are
properly destined the consignee shall not be bound to receive
them, and may leave them on the hands of the carrier,
demanding payment therefor at current market prices.
If among the goods damaged there should be some in good
condition and without any defect whatsoever, the foregoing
provision shall be applicable with regard to the damaged ones,
and the consignee shall receive those which are sound, this
separation being made by distinct and separate articles, no object
being divided for the purpose, unless the consignee proves the
impossibility of conveniently making use thereof in this form.
The same provision shall be applied to merchandise in bales or
packages, with distinction of the packages which appear sound.
Article 368
The carrier must deliver to the consignee without any delay or
difficulty the merchandise received by him, by reason of the
mere fact of being designated in the bill of lading to receive it;
and should said carrier not do so he shall be liable for the
damages which may arise therefrom.
Article 369
Should the consignee be not found at the domicile indicated in
the bill of lading, or should refuse to pay the transportation
charges and expenses, or to receive the goods, the deposit of
said goods shall be ordered by the municipal judge, where there
is no judge of first instance, to be placed at the disposal of the
shipper or sender, without prejudice to a person having a better
right, this deposit having all the effects of a delivery.
Article 370
If a period has been fixed for the delivery of the goods, it must
be made within the same, and otherwise the carrier shall pay the
indemnity agreed upon in the bill of lading, neither the shipper
nor consignee being entitled to anything else.
Should no indemnity have been agreed upon and the delay
exceeds the time fixed in the bill of lading, the carrier shall be
liable for the damages which may have been caused by the
delay.
Article 371
In cases of delay on account of the fault of the carrier, referred
to in the foregoing articles, the consignee may leave the goods
transported on the hands of the carrier, informing him thereof in
writing before the arrival of the same at the point of destination.
When this abandonment occurs, the carrier shall satisfy the total
value of the goods, as if they had been lost or mislaid.
Should the abandonment not occur the indemnity for loss and
damages on account of the delays can not exceed the current
price of the goods transported on the day and at the place where
the delivery was to have been made. The same provision shall be
observed in all cases where this indemnity is due.
Article 372
The appraisement of the goods which the carrier must pay in
case of their being lost or mislaid shall be fixed in accordance
with what is stated in the bill of lading, no proofs being allowed
on the part of the shipper that there were among the goods
declared therein articles of greater value, and money.
Horses, vehicles, vessels, equipment, and all the other principal
and accessory means of transportation, shall be especially
obligated in favor of the shipper, although with relation to
railroads said obligation shall be subordinated to the provisions
of the laws of concession with regard to property and to those of
this Code with regard to the manner and form of making
attachments and retentions against the said companies.
Article 373
A carrier who delivers merchandise to a consignee by virtue of
agreements or combined services with other carriers shall
assume the obligations of the carriers who preceded him,
reserving his right to proceed against the latter if he should not
be directly responsible for the fault which gives rise to the claim
of the shipper or of the consignee.
The carrier making the delivery shall also assume all the actions
and rights of those who may have preceded him in the
transportation.
The sender and the consignee shall have an immediate right of
action against the carrier who executed the transportation
contract, or against the other carriers who received the goods
transported without reserve.
The reservations made by the latter shall not exempt them,
however, from the liabilities they may have incurred by reason
of their own acts.
Article 374
The consignees to whom the remittance may have been made
can not defer the payment of the expenses and transportation
charges on the goods that they received after twenty-four hours
have elapsed from the time of the delivery; and in case of delay
in making this payment, the carrier may request the judicial sale
of the goods he transported to a sufficient amount to cover the
transportation charges and the expenses incurred.