SUBSECTION 2.

Vigilance over
SECTION 4

Goods

Common Carriers

Article 1734. Common carriers are

SUBSECTION 1. General

responsible for the loss, destruction,

Provisions

or deterioration of the goods, unless

Article 1732. Common carriers are

the same is due to any of the

persons, corporations, firms or

following causes only:

associations engaged in the

(1) Flood, storm, earthquake,

business of carrying or transporting

lightning, or other natural disaster or

passengers or goods or both, by

calamity;

land, water, or air, for compensation,

offering their services to the public.
Article 1733. Common carriers,

(2) Act of the public enemy in war,

whether international or civil;

from the nature of their business

(3) Act or omission of the shipper or

and for reasons of public policy, are

owner of the goods;

bound to observe extraordinary

diligence in the vigilance over the

(4) The character of the goods or

goods and for the safety of the

defects in the packing or in the

passengers transported by them,

containers;

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.

(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

remove them or otherwise dispose

in article 1733.

of them.

Article 1736. The extraordinary

Article 1739. In order that the

responsibility of the common carrier

common carrier may be exempted

lasts from the time the goods are

from responsibility, the natural

unconditionally placed in the

disaster must have been the

possession of, and received by the

proximate and only cause of the

carrier for transportation until the

loss. However, the common carrier

same are delivered, actually or

must exercise due diligence to

constructively, by the carrier to the

prevent or minimize loss before,

consignee, or to the person who has

during and after the occurrence of

a right to receive them, without

flood, storm or other natural disaster

prejudice to the provisions of article

in order that the common carrier

1738.

may be exempted from liability for

Article 1737. The common carriers

the loss, destruction, or

duty to observe extraordinary

deterioration of the goods. The same

diligence over the goods remains in

duty is incumbent upon the common

full force and effect even when they

carrier in case of an act of the public

are temporarily unloaded or stored

enemy referred to in article 1734,

in transit, unless the shipper or

No. 2.

owner has made use of the right of

Article 1740. If the common carrier

stoppage in transitu.

negligently incurs in delay in

Article 1738. The extraordinary

transporting the goods, a natural

liability of the common carrier

disaster shall not free such carrier

continues to be operative even

from responsibility.

during the time the goods are stored

Article 1741. If the shipper or

in a warehouse of the carrier at the

owner merely contributed to the

place of destination, until the

loss, destruction or deterioration of

consignee has been advised of the

the goods, the proximate cause

arrival of the goods and has had

thereof being the negligence of the

reasonable opportunity thereafter to

common carrier, the latter shall be

liable in damages, which however,

(3) Reasonable, just and not

shall be equitably reduced.

contrary to public policy.

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

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;

lessen the loss.

(2) That the common carrier will not

Article 1743. If through the order of

be liable for any loss, destruction, or

public authority the goods are seized

deterioration of the goods;

or destroyed, the common carrier is

not responsible, provided said public

(3) That the common carrier need

authority had power to issue the

not observe any diligence in the

order.

custody of the goods;

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

(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;

be:

(5) That the common carrier shall

(1) In writing, signed by the shipper

not be responsible for the acts or

or owner;

omission of his or its employees;

(2) Supported by a valuable

(6) That the common carriers

consideration other than the service

liability for acts committed by

rendered by the common carrier;

thieves, or of robbers who do not act

and

with grave or irresistible threat,

violence or force, is dispensed with

Article 1749. A stipulation that the

or diminished;

common carriers liability is limited

(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,

to the value of the goods appearing

in the bill of lading, unless the
shipper or owner declares a greater
value, is binding.

vehicle, ship, airplane or other

Article 1750. A contract fixing the

equipment used in the contract of

sum that may be recovered. by the

carriage.

owner or shipper for the loss,

Article 1746. An agreement

limiting the common carriers
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.
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 carriers liability cannot be
availed of in case of the loss,
destruction, or deterioration of the
goods.
Article 1748. An agreement
limiting the common carriers
liability for delay on account of
strikes or riots is valid.

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 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
carriers liability is reasonable, just
and in consonance with public policy.
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.

Article 1753. The law of the

Article 1757. The responsibility of a

country to which the goods are to be

common carrier for the safety of

transported shall govern the liability

passengers as required in articles

of the common carrier for their loss,

1733 and 1755 cannot be dispensed

destruction or deterioration.

with or lessened by stipulation, by

Article 1754. The provisions of

the posting of notices, by

articles 1733 to 1753 shall apply to

statements on tickets, or otherwise.

the passengers baggage which is

Article 1758. When a passenger is

not in his personal custody or in that

carried gratuitously, a stipulation

of his employee. As to other

limiting the common carriers

baggage, the rules in articles 1998

liability for negligence is valid, but

and 2000 to 2003 concerning the

not for willful acts or gross

responsibility of hotel-keepers shall

negligence.

be applicable.

The reduction of fare does not justify

SUBSECTION 3. Safety of

any limitation of the common

Passengers

carriers liability.

Article 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.
Article 1756. In case of death of 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.

Article 1759. Common carriers are

liable for the death of or injuries to
passengers through the negligence
or willful acts of the formers
employees, although such
employees may have acted beyond
the scope of their authority or in
violation of the orders of the
common carriers.
This liability of the common carriers
does not cease upon proof that they
exercised all the diligence of a good
father of a family in the selection
and supervision of their employees.

Article 1760. The common carriers

have prevented or stopped the act

responsibility prescribed in the

or omission.

preceding article cannot be

SUBSECTION 4. Common

eliminated or limited by stipulation,

Provisions

by the posting of notices, by

Article 1764. Damages in cases

statements on the tickets or

comprised in this Section shall be

otherwise.

awarded in accordance with Title

Article 1761. The passenger must

XVIII of this Book, concerning

observe the diligence of a good

Damages. Article 2206 shall also

father of a family to avoid injury to

apply to the death of a passenger

himself.

caused by the breach of contract by

Article 1762. The contributory

a common carrier.

negligence of the passenger does

Article 1765. The Public Service

not bar recovery of damages for his

Commission may, on its own motion

death or injuries, if the proximate

or on petition of any interested

cause thereof is the negligence of

party, after due hearing, cancel the

the common carrier, but the amount

certificate of public convenience

of damages shall be equitably

granted to any common carrier that

reduced.

repeatedly fails to comply with his or

Article 1763. A common carrier is

its duty to observe extraordinary

responsible for injuries suffered by a

diligence as prescribed in this

passenger on account of the willful

Section.

acts or negligence of other

Article 1766. In all matters not

passengers or of strangers, if the

regulated by this Code, the rights

common carriers employees

and obligations of common carriers

through the exercise of the diligence

shall be governed by the Code of

of a good father of a family could

Commerce and by special laws.