SECTION 4. - Common Carriers (n) SUBSECTION 2.

- Vigilance Over Goods

SUBSECTION 1. - General Provisions
Art. 1732. 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. 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;

Art. 1733. Common carriers, from the nature of their business (2) Act of the public enemy in war, whether international or civil;
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
(3) Act of omission of the shipper or owner of the goods;
circumstances of each case.

(4) The character of the goods or defects in the packing or in the

Such extraordinary diligence in the vigilance over the goods is
containers;
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.

Art. 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.
Art. 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.
in case of an act of the public enemy referred to in Article 1734,
No. 2.
Art. 1740. If the common carrier negligently incurs in delay in
transporting the goods, a natural disaster shall not free such
carrier from responsibility.

Art. 1737. The common carrier's duty to observe extraordinary

diligence over the goods remains in full force and effect even
Art. 1741. If the shipper or owner merely contributed to the loss,
when they are temporarily unloaded or stored in transit, unless
destruction or deterioration of the goods, the proximate cause
the shipper or owner has made use of the right of stoppage in
thereof being the negligence of the common carrier, the latter
transitu.
shall be liable in damages, which however, shall be equitably
reduced.

Art. 1738. The extraordinary liability of the common carrier

continues to be operative even during the time the goods are
Art. 1742. Even if the loss, destruction, or deterioration of the
stored in a warehouse of the carrier at the place of destination,
goods should be caused by the character of the goods, or the
until the consignee has been advised of the arrival of the goods
faulty nature of the packing or of the containers, the common
and has had reasonable opportunity thereafter to remove them or
carrier must exercise due diligence to forestall or lessen the loss.
otherwise dispose of them.

Art. 1743. If through the order of public authority the goods are
Art. 1739. In order that the common carrier may be exempted
seized or destroyed, the common carrier is not responsible,
from responsibility, the natural disaster must have been the
provided said public authority had power to issue the order.
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 Art. 1744. A stipulation between the common carrier and the
exempted from liability for the loss, destruction, or deterioration of shipper or owner limiting the liability of the former for the loss,
the goods. The same duty is incumbent upon the common carrier
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.
Art. 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.
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
stipulation.
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. 1753. The law of the country to which the goods are to be
transported shall govern the liability of the common carrier for
Art. 1748. An agreement limiting the common carrier's liability for their loss, destruction or deterioration.
delay on account of strikes or riots is valid.

Art. 1754. The provisions of Articles 1733 to 1753 shall apply to

Art. 1749. A stipulation that the common carrier's liability is limited the passenger's baggage which is not in his personal custody or
to the value of the goods appearing in the bill of lading, unless the in that of his employee. As to other baggage, the rules in Articles
shipper or owner declares a greater value, is binding. 1998 and 2000 to 2003 concerning the responsibility of hotel-
keepers shall be applicable.

Art. 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.

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 reasonable, 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 case of
their loss, destruction or deterioration.
SUBSECTION 3. - Safety of Passengers
Art. 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.
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 Articles 1733 and 1755.
Art. 1757. The responsibility of a common carrier for the safety of
passengers as required in Articles 1733 and 1755 cannot be
dispensed with or lessened by stipulation, by the 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 wilful 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 wilful 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 responsibility prescribed in the
preceding article cannot be eliminated or limited by stipulation, by
the posting of notices, by statements 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 wilful 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.
SUBSECTION 4. - Common Provisions

Art. 1764. Damages in cases comprised in this Section shall be

awarded in accordance with Title XVIII of this Book, concerning
Damages. Article 2206 shall also apply to the death of a
passenger caused by the breach of contract by a common
carrier.
Art. 1765. The Public Service Commission may, on its own
motion or on petition of any interested party, after due hearing,
cancel the certificate of public convenience granted to any
common carrier that repeatedly fails to comply with his or its duty
to observe extraordinary diligence as prescribed in this Section.

Art. 1766. In all matters not regulated by this Code, the rights and
obligations of common carriers shall be governed by the Code of
Commerce and by special laws.