Transportation law plays a crucial role in regulating the responsibilities and obligations of common carriers, those engaged in transporting passengers and goods for compensation. This guide aims to clarify key provisions under the Civil Code, providing a better understanding of transportation law in the Philippines.
What are common carriers?
Common carriers are persons, corporations, firms, or associations engaged in the business of transporting passengers or goods for compensation, offering their services to the public. This distinction is vital because common carriers are subject to specific legal obligations and liabilities to ensure the safety of passengers and the protection of transported goods.
What is the diligence required of common carriers over the goods and passengers transported by them?
Common carriers are required, by the nature of their business and public policy, to observe “extraordinary diligence” in the vigilance over the goods they transport. This extraordinary diligence means taking the utmost care and caution to ensure the safety and integrity of the goods, considering the unique circumstances of each case.
What are the exceptions to extraordinary diligence?
The following are exceptions to extraordinary diligence:
- 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; and
- Extraordinary diligence need not be exercised over the goods that are unloaded temporarily if the shipper or owner has made use of the right of stoppage in transit.
What are the exceptions to the common carrier’s liability for the loss, destruction, or deterioration of goods?
Common carriers are not liable for such loss, destruction, or deterioration if it can be attributed to specific causes only:
- Flood, storm, earthquake, lightning, or other natural disaster or calamity;
- Acts of public enemies in war, whether international or civil;
- Acts or omissions of the shipper or owner of the goods;
- The Character of the goods or defects in packing or in the containers;
- Orders from competent public authorities; and
- Exercise of Extraordinary Diligence.
What is the duration of a common carrier’s responsibility for goods?
A common carrier’s extraordinary responsibility begins when they receive the goods for transportation and ends when the goods are delivered to the consignee.
Does common carrier liability extend to delays in transportation?
Yes, common carriers can be held liable for delays if they negligently incur such delays. Natural disasters do not free them from responsibility for delays caused by their negligence.
Under what conditions can the liability of a common carrier be limited through a contract?
Common carriers and shippers or owners can limit the carrier’s liability through a written agreement that is signed by the shipper or owner, supported by valuable consideration, and considered reasonable, just, and not contrary to public policy.
Are there any stipulations that are considered unreasonable, unjust, or contrary to public policy in limiting common carrier liability?
Yes, stipulations that are considered unreasonable, unjust, or contrary to public policy include those that shift all risk to the shipper or owner, absolve the carrier of all responsibility, require less diligence than that of a prudent person, exempt the carrier from employee actions, or relieve the carrier of responsibility for defective equipment.
Can a liability-limiting contract be used to absolve a common carrier from delays due to strikes or riots?
Yes, a stipulation limiting the common carrier’s liability for delays caused by strikes or riots is valid.
Can a common carrier limit its liability by specifying the value of goods in a bill of lading?
Yes, a contract that fixes the sum recoverable by the owner or shipper for the loss, destruction, or deterioration of goods is valid if it is reasonable, just, and agreed upon fairly and freely.
Is there a presumption of negligence on the part of common carriers in cases of passenger injury or death?
Yes. Common carriers are presumed to have been at fault or to have acted negligently in cases of passenger injury or death unless they can prove that they observed extraordinary diligence as required by Article 1733.
Who is a passenger?
A passenger is one who:
- Must have bona fide intention to use the facilities of the carrier;
- Possess the sufficient fare with which to pay for his passage; and
- Presents himself to the carrier for transportation in the place and manner provided.
Is a person merely stepping or standing on the platform of the bus already considered a passenger?
A person merely stepping or standing on the platform of the bus is already considered a passenger and is entitled to all the rights and protection pertaining to such contractual relation. It has been held that the duty which the carrier owes to its patrons and extends to persons boarding cars as well as to those alighting therefrom.
What is the Continuing Offer Rules?
When the bus is not in motion, there is no necessity for a person who wants to ride the same to signal his intention to board. A public utility bus once it stops, is in effect making a continuous offer to bus riders. Hence, it becomes the duty of the driver and the conductor, every time the bust stops, to do no act that would have the effect of increasing the peril to a passenger when he was attempting to board the same.
Can a common carrier’s responsibility for passenger safety be waived through stipulations, notices, or statements on tickets?
No, the responsibility for passenger safety cannot be waived or lessened through stipulations, notices, ticket statements, or any other means.
What responsibility does a passenger have to ensure their own safety while using common carriers?
Passengers are required to observe the diligence of a good father of a family to avoid injury to themselves while using common carriers.
Does a passenger’s contributory negligence affect their ability to claim damages for injuries or death?
Contributory negligence on the part of the passenger does not bar them from claiming damages if the common carrier’s negligence was the proximate cause of the injury or death, but the damages may be equitably reduced.
Can common carriers be held responsible for injuries caused by the willful acts or negligence of other passengers or strangers?
Common carriers may be held responsible for such injuries if their employees could have prevented or stopped the act or omission through the exercise of due diligence.
Source:
The New Civil Code of the Philippines
