EXTRAORDINARY DILIGENCE 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 !n writing, signed by the shipper or owner" (# $upported by a valuable consideration other than the service rendered by the common carrier" and (% &easonable, 'ust and not contrary to public policy. Art. 17(7. )he responsibility of a common carrier for the safety of passengers as re*uired in Articles 17%% and 17(( cannot be dispensed with or lessened by stipulation, by the posting of notices, by statements on tic+ets, or otherwise. Art. 17%%. ,ommon 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. $uch extraordinary diligence in the vigilance over the goods is further expressed in Articles 17%4, 17%(, and 174(, -os. (, ., and 7, while the extraordinary diligence for the safety of the passengers is further set forth in Articles 17(( and 17(.. Art. 17%4. ,ommon 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 /lood, storm, earth*ua+e, lightning, or other natural disaster or calamity" (# Act of the public enemy in war, whether international or civil" (% Act of omission of the shipper or owner of the goods" (4 )he character of the goods or defects in the pac+ing or in the containers" (( 0rder or act of competent public authority. Art. 17%(. !n all cases other than those mentioned in -os. 1, #, %, 4, and ( 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 re*uired in Article 17%%. Art. 17((. 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.

Art. 17(7. )he responsibility of a common carrier for the safety of passengers as re*uired in Articles 17%% and 17(( cannot be dispensed with or lessened by stipulation, by the posting of notices, by statements on tic+ets, or otherwise. Art. 17(1. 2hen a passenger is carried gratuitously, a stipulation limiting the common carrier3s liability for negligence is valid, but not for wilful acts or gross negligence. )he reduction of fare does not 'ustify any limitation of the common carrier3s liability. Art. 17.4. )he common carrier3s responsibility prescribed in the preceding article cannot be eliminated or limited by stipulation, by the posting of notices, by statements on the tic+ets or otherwise. ,A&&!A56 0/ 5007$ 89 $6A A,) $ec. %. (1 )he carrier shall be bound before and at the beginning of the voyage to exercise due diligence to : (a ;a+e the ship seaworthy" (b <roperly man,e*uip, and supply the ship" (c ;a+e the holds, refrigerating and cooling chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage, and preservation. (# )he carrier shall properly and carefully load, handle, stow, carry, +eep, care for,and discharge the goods carried. !-$=&A-,6 ,076 $ec. 11.. A warranty of seaworthiness extends not only to the condition of the structure of the ship itself, but re*uires that it be properly laden, and provided with a competent master, a sufficient number of competent officers and seamen, and the re*uisite appurtenances and e*uipment, such as ballasts, cables and anchors, cordage and sails, food, water, fuel and lights, and other necessary or proper stores and implements for the voyage. $ec. 11>. A ship which is seaworthy for the purpose of an insurance upon the ship may, nevertheless, by reason of being unfitted to receive the cargo, be unseaworthy for the purpose of the insurance upon the cargo.? BILL OF LADING ,A&&!A56 0/ 5007$ 89 $6A A,) $ec. %. (1 )he carrier shall be bound before and at the beginning of the voyage to exercise due diligence to (4 $uch a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with paragraphs (% (a , (b , and (c , of this

section: ()he rest of the provision is not applicable to the <hilippines . (( )he shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the mar+s, number, *uantity, and weight, as furnished by him" and the shipper shall indemnify the carrier against all loss, damages, and expenses arising or resulting from inaccuracies in such particulars. )he right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper..chan ro $ec. 4. (1 -either the carrier nor the ship shall be liable for loss or damage arising or resulting from unseaworthiness unless caused by want of due diligence on the part of the carrier to ma+e the ship seaworthy and to secure that the ship is properly manned, e*uipped, and supplied, and to ma+e the holds, refrigerating and cooling chambers, and all other parts of the ship in which goods are carried fit and safe for their reception, carriage, and preservation, in accordance with the provisions of paragraph (1 of $ection (% . 2henever loss or damage has resulted from unseaworthiness, the burden of proving the exercise of due diligence shall be on the carrier or other person claiming exemption under this section..chan (( -either the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the transportation of goods in an amount exceeding @(44 per pac+age of lawful money of the =nited $tates, or in case of goods not shipped in pac+ages, per customary freight unit, or the e*uivalent of that sum in other currency, unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading. )his declaration, if embodied in the bill of lading, shall be prima facie evidence, but shall not be conclusive on the carrier..chan robles virtual law library 8y agreement between the carrier, master or agent of the carrier, and the shipper another maximum amount than that mentioned in this paragraph may be fixed: <rovided, that such maximum shall not be less than the figure above named. !n no event shall the carrier be liable for more than the amount of damage actually sustained..chan robles virtual law library -either the carrier nor the ship shall be responsible in any event for loss damage to or in connection with the transportation of the goods if the nature or value thereof has been +nowingly and fraudulently misstated by the shipper in the bill of lading.. -62 ,!A!B ,076 Art. 174(. Any of the following or similar stipulations shall be considered unreasonable, un'ust and contrary to public policy: (1 )hat the goods are transported at the ris+ of the owner or shipper" (# )hat the common carrier will not be liable for any loss, destruction, or deterioration of the goods"

(% )hat the common carrier need not observe any diligence in the custody of the goods" (4 )hat 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" (( )hat the common carrier shall not be responsible for the acts or omission of his or its employees" (. )hat the common carrier3s 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 )hat 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 e*uipment used in the contract of carriage. Art. 1(41. A negotiable document of title may be negotiated by delivery: (1 2here by the terms of the document the carrier, warehouseman or other bailee issuing the same underta+es to deliver the goods to the bearer" or (# 2here by the terms of the document the carrier, warehouseman or other bailee issuing the same underta+es to deliver the goods to the order of a specified person, and such person or a subse*uent endorsee of the document has indorsed it in blan+ or to the bearer. 2here by the terms of a negotiable document of title the goods are deliverable to bearer or where a negotiable document of title has been indorsed in blan+ or to bearer, any holder may indorse the same to himself or to any specified person, and in such case the document shall thereafter be negotiated only by the endorsement of such endorsee. (n Art. 1(4>. A negotiable document of title may be negotiated by the endorsement of the person to whose order the goods are by the terms of the document deliverable. $uch endorsement may be in blan+, to bearer or to a specified person. !f indorsed to a specified person, it may be again negotiated by the endorsement of such person in blan+, to bearer or to another specified person. $ubse*uent negotiations may be made in li+e manner. (n Art. 1(14. !f a document of title which contains an underta+ing by a carrier, warehouseman or other bailee to deliver the goods to bearer, to a specified person or order of a specified person or which contains words of li+e import, has placed upon it the words "not negotiable," "nonnegotiable" or the li+e, such document may nevertheless be negotiated by the holder and is a negotiable document of title within the meaning of this )itle. 8ut nothing in this )itle contained shall be construed as limiting or defining the effect upon the obligations of the carrier, warehouseman, or other

bailee issuing a document of title or placing thereon the words "not negotiable," "non-negotiable," or the li+e. (n Art. 1(1%. A person to whom a negotiable document of title has been duly negotiated ac*uires thereby: (1 $uch title to the goods as the person negotiating the document to him had or had ability to convey to a purchaser in good faith for value and also such title to the goods as the person to whose order the goods were to be delivered by the terms of the document had or had ability to convey to a purchaser in good faith for value" and (# )he direct obligation of the bailee issuing the document to hold possession of the goods for him according to the terms of the document as fully as if such bailee had contracted directly with him. (n Art. 1(1(. 2here a negotiable document of title is transferred for value by delivery, and the endorsement of the transferor is essential for negotiation, the transferee ac*uires a right against the transferor to compel him to endorse the document unless a contrary intention appears. )he negotiation shall ta+e effect as of the time when the endorsement is actually made. (n