Reviewer

on
Transportation Laws
 ART. 1732

Definition of common carrier:

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.
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. 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 container;
(5) Order or act of competent public authority;
ART. 1735

In all cases other than those mentioned in Nos. 1,23,4,

and 5 of the preceding article, if the goods are lost,
destroyed or deteriorated, common carriers are
presumed to have at fault or to have acted negligently,
unless they proved that they observed extraordinary
diligence as required in Art. 1733.
 ART. 1736
Meaning:
The extraordinary responsibility of the
common carriers last 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 the right to receive them, without
prejudice to the provisions of Article 1738.
 ART. 1737

The common carrier’s duty to

observe extraordinary diligence in
the vigilance 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 Explanation:

The extra ordinary 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.
 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 ART. 1734, No.2.
 ART. 1740
Explanation:

If the common carrier

negligently incurs in delay in
transporting the goods, a
natural disaster shall not free
such carrier from responsibility.
 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.
 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.
ART. 1743

If through 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.
 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 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 stipulation shall be considered unreasonable, unjust, and
contrary to public policy:
(1) That the goods are transported at the risks of the owner/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 omissions of his or its

employees;
(6) That the common carrier’s liablity 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 defective condition of the car, vehicle, ship, airplane, and other
equipment used in the contract of carriage.
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
stipulations.
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 carriers
liability for delay on
account of strikes or
riots is valid.
ART. 1749

A stipulation that the common

carrier’s liability is limited to the
value of 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, 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
reasonably, just and in consonance
with public policy.
 ART. 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
the case of loss, destruction or
deterioration.
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.
 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 employees. As to other baggage,
the rules in Art. 1998 to 2003 concerning
the responsibility of hotel-keepers shall be
applicable.
SAFETY OF THE PASSENGERS
 Definition of
ART. 1755 extraordinary diligence

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. 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 ART. 1733 and
1755.
ART. 1757

The responsibility of a common

carrier for the safety of passengers
as required in ART. 1733 and 1755
cannot be dispensed with or
lessened by stipulation, by posting of
notices, by statements on tickets, or
otherwise.
 ART. 1758

When a passenger is carried

gratuitously, a stipulation limiting
the common carrier’s liability for
negligence is valid, but not for
willful acts or gross negligence.
The reduction of fare does not
justify any limitation of the
common carrier’s liability.
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.
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.
ART. 1760

The common carrier’s liability

prescribed in the preceding
Article cannot be eliminated or
limited by stipulation, by the
posting of notices, by
statement on the tickets or
otherwise.
 ART. 1761

The passenger must observe

the diligence of a good
father of a family to avoid
injury to himself.
 ART. 1762

The contributory negligence of

the passenger does not bar
recovery of damages for his death
or injuries, if the proximate cause
thereof is the negligence of the
common carrier, but the amount
of damages shall be equitably
reduced.
 ART. 1763

A common carrier is responsible for

injuries suffered by a passenger on
account of the willful acts or negligence
of other passengers or of strangers, if the
common carrier’s employees through the
exercise of the diligence of a good father
of a family could have prevented or
stopped the act or omission.
 Crisostomo vs. CA,
409 SCRA 528
Contract of carriage
or transportation
is one whereby a certain person or association of
persons obligate themeselves to transport , things or
news from one place to another for a fixed price. Such
person or association of persons are regarded as
carriers and are classified as private or special carriers
and common or public carriers.
 Crisostomo vs. CA,
409 SCRA 528

Private carrier is not bound under the law to observe extraordinary

diligence in the performance of its obligation.
The standard of care required of private carriers is that of a good
father of a family under
 De Guzman vs. CA
Bascos vs. CA
Elements of a common
carrier
1. Any persons, corporations, firms or associations;
2. Such persons, corporations, firms or associations must be
engaged in the business of carrying or transporting
passengers or goods or both;
3. The means of carriage or transporting passengers, goods or
both is by land, water or air;
4. That the carrying or transporting of passengers or goods or
both is for a fee or compensation; and
5. The services is offered to the public without distinction.