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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 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.
COMMON CARRIER OF GOODS
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.
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 containers;
(5) Order or act of competent public authority.
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.
The natural disaster must have been the (1) proximate and
only cause of the loss, and (2) 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.
Duration of Liability
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.
ART 1737 The common carriers 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.
ART1738 The extraordinary 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
(5) That the common carrier shall not be responsible for the
acts or omission of his or its employees;
(6) That the common carriers 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.
As to amount of liability
ART 1749. A stipulation that the common carriers liability is
limited to the value of the 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, 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 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.
ART 1748. An agreement limiting the common carriers liability
for delay on account of strikes or riots is valid.
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
carriers 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
Passengers baggage
ART 1754. The provisions of articles 1733 to 1753 shall apply to
the passengers baggage which is not in his personal custody
or in that of his employee. As to other baggage, the rules in
articles 1998 and 2000 to 2003 concerning the responsibility of
hotel-keepers shall be applicable.
Duration of Responsibility
Proximate cause that cause, which in natural and
continuous sequence, unbroken by any efficient intervening
cause, produces the injury, and without which the result would
not have occurred.
Presumption of Negligence
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.
Sy vs Malate Taxicab
express finding of fault
defendant in order to
initiated is based on a
tort.
Remedies available:
1. Breach of Contract against CC (ex to 1756)
2. Quasi-delict (2176) against owner of V or driver of V
there has to be finding of facts proving fault or
negligence
3. Criminal Case (Art 365, RPC) against driver of V with
Exemplary Damages
ART 2229. Exemplary or corrective damages are imposed, by
way of example or correction for the public good, in addition
to the moral, temperate, liquidated or compensatory
damages.
ART 2232. In contracts and quasi-contracts, the court may
award exemplary damages if the defendant acted in a
wanton, fraudulent, reckless, oppressive, or malevolent
manner.
ART 2233. Exemplary damages cannot be recovered as a
matter of right; the court will decide whether or not they
should be adjudicated.
Nominal, temperate, liquidated damages
ART 2221. Nominal damages are adjudicated in order that a
right of the plaintiff, which has been violated or invaded by
the defendant, may be vindicated or recognized, and not for
the purpose of indemnifying the plaintiff for any loss suffered
by him.
ART 2224. Temperate or moderate damages, which are more
than nominal but less than compensatory damages, may be
recovered when the court finds that some pecuniary loss has
been suffered but its amount cannot, from the nature of the
case, be provided with certainty.
ART 2226. Liquidated damages are those agreed upon by the
parties to a contract, to be paid in case of breach thereof.