Common Carrier: Transportation of Goods Article 1766 Governing Laws 1. New Civil Code (NCC for brevity) 2.

Code of Commerce 3. Special Laws Article 1732 Common Carrier 1. Engaged in the business of carrying and transportation of goods/passengers 2. Offers service to the public 3. For compensation or fixed rate 4. Control of operation/cargo Article 1733 Extraordinary Diligence/ Responsibility 1. To transport with greatest skill and utmost foresight Article 1736-1738 Duration of Extraordinary Responsibility 1. Time goods are unconditionally placed in possession of and received by common carriers for transport until actual or constructive delivery. 2. Even when goods are temporarily unloaded or stored in transit, except: stoppage in transit. 3. Even during time of storage at warehouse or until advise of goods arrival and has had opportunity to remove or dispose. Article 1735 Loss, deterioration or destruction *Presumption of negligence 1. Not conclusive but disputable 2. May be overcome by contrary evidence/ defenses Article 1753 Law of country of destination shall govern liability of Common Carrier for Loss, Deterioration of Destruction of goods. Article 1734 Defenses exempting or mitigating liability 1. Natural disaster like goods, storm, earthquake, lightning 2. Act of public enemy in war (International or Civil) 3. Act or omission of owner or shipper of goods Article 1739 -1743 Conditions to avail of Defenses a. Proximate and only cause b. Exercise of diligence to prevent or minimize loss (Same as above) a. If proximate cause: Exempting b. If contributory negligence: Mitigating

4. Character of goods or defect in the packing or container

Exercise of due diligence to forestall or prevent losses

5. Order or act of competent With power to issue the order authority Article 1744-1752 Stipulation limiting liability 1. Requisites a. In writing b. With valuable consideration other than the services of common carrier c. Reasonable, just and not contrary to public policy 2. Void stipulation a. Unreasonable b. Unjust c. Contrary to public policy 3. Valid stipulation a. Limited to value of goods appearing at Bill of Lading b. Fixed sum that is reasonable and just an agreed upon c. Delay due to strike or not 4. Factors to be considered a. Refusal to carry goods unless stipulation limiting liability is signed by shipper b. Delay or deviation c. Lack of presence of competition Transportation of passengers Article 1733 Extraordinary Diligence a. Carry passengers safely as far as human care and foresight can provide b. Using utmost diligence of a very cautious person c. With due regard for all the circumstances (JURISPRUDENCE) Contract of carriage a. Commencement: 1. Liberal view when a person offers himself to be transported, placing himself at the control and custody of common carrier. 2. Strict view there is actual boarding or placing of passengers body at the vehicle. b. Termination When the passenger alights from the vehicle at the place of destination and has reasonable opportunity to leave the common carriers premises. Article 1756 Death or injury to passengers Presumption of Negligence

 disputable and may be overcome by proof of exercise of extraordinary diligence Article 1759-1760 Non-exempting on non-limiting 1. Common carrier is liable due to negligence of willful act of employee, even if done beyond the scope of authority or in violation of orders 2. Liability does not cease with exercise of ordinary diligence by common carrier. 3. Liability is not eliminated by posting of notices, statements on tickets. Article 1757, 1758 Limitation of Liability 1. Liability cannot be dispensed or lessened by posting of notices, statements on tickets or otherwise. 2. In gratuitous carriage stipulation to limit liability may be valid, but not for willful act or gross negligence. 3. Reduced fare does not justify limiting liability. Article 1761, 1762 Duty of passengers 1. To observe ordinary diligence to avoid injury to himself. 2. Contributory negligence of passengers does not bar recovery of damages but reduces amount thereof. Article 1763 Act of co-passengers or strangers 1. Common carrier is responsible in case of death or injury on account of willful act or negligence of other passengers or strangers. 2. If employees could have stopped or prevented the act or omission by exercise of ordinary diligence. (Defenses) 1. Exercise of extraordinary diligence by common carrier 2. Negligent act of passengers is the proximate cause of death or injury. 3. Employees could not have prevented by ordinary diligence the willful act or negligence of other passengers or strangers which cause injury or death. 4. Liability is mitigated: contributory negligence of passengers or failure to observe ordinary diligence to avoid injury. 5. Stipulation to limit liability is valid in gratuitous carriage, if not willful act or gross negligence by common carrier.