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. DILIGENCE REQUIRED FOR COMMON CARRIERS: GOODS Extraordinary Diligence (exception: due diligence must be observed before, during and after fortuitous events to prevent or minimize loss) PASSENGERS Utmost diligence of a very cautious person (exception: diligence of a good father of a family must be observed to prevent injury through the acts or omission of passengers or strangers) VIGILANCE OVER GOODS 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 containers; (5) Order or act of competent public authority. In order that an obligor may be exempted from breach of an obligation due to fortuitous events, the following requisites must concur: 1. The cause of the breach of the obligation must be independent of the will of the debtor; 2. The event must be unforeseen or unavoidable; 3. The event must be such as to render it impossible for the debtor to fulfill his obligation in a normal manner; and 4. The debtor must be free from any participation in, or aggravation of the injury to the creditor. 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. In all cases, 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. The common carrier, in its observance of extraordinary diligence, must anticipate every inconvenience and problems that may arise during transport and they must take care to address each issue. Thus, if luggages are lost during travel because the doors of the baggage compartment of a bus are not securely fastened, the carrier failed to observe extraordinary diligence; therefore, the carrier is liable for the value of the lost goods and damages. (Sarkies Tours Philippines, Inc. vs. CA) SAFETY OF PASSENGERS 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. 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 The responsibility of a common carrier for the safety of passengers cannot be dispensed with or lessened by stipulation, by the posting of notices, by statements on tickets, or otherwise. The common carrier is bound to observe the utmost diligence of a very cautious man. Thus, a bus which crashed because of the defect of the steering knuckle is still liable; even if it was proven that it is a manufacturing defect; because it could have avoided the accident if the bus was properly inspected, a thorough and not merely visual inspection, before the start of the travel or during regular scheduled inspections. ( Prescillano Necessito, etc. vs. Natividad Paras) 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. A common carrier is responsible for injuries suffered by a passenger on account of the willful act of stranger if the exercise of the diligence of a good father of a family could have prevented the injury. Thus, if a passenger jeep crashed because of the sideswiping of a truck;

when they were both running side by side in a narrow road; the passenger jeep is still liable, even if the truck driver is also at fault and unlicensed, because it could have avoided the accident by slowing down and allowing the jeep to overtake it because of the knowledge that the road will become narrower and that they will not be able to cross the bridge side by side.