When we enter into contracts or obligations, the law doesn’t just look at what we give, it also looks at how we take care of what’s entrusted to us. In the Philippines, this “standard of care” can either be ordinary diligence or extraordinary diligence, depending on the situation.
Ordinary Diligence or Diligence of a Good father of a Family
Under Article 1163 of the Civil Code, every person obliged to give something must take care of it with the diligence of a good father of a family.1 In simple terms, this means showing ordinary prudence and responsibility, the same kind of care a sensible parent would exercise in managing their household. This is the default level of care in most obligations and contracts, unless the law requires a stricter rule or the parties agree otherwise.
In Madera v. Commission on Audit (2020), the Supreme Court ruled that approving and certifying officers who acted in good faith, in the regular performance of their duties, and with the diligence of a good father of the family are not liable to return disallowed amounts.2
Some obligations demand more than ordinary care.
Extraordinary Diligence
Under Article 1733 of the Civil Code, common carriers (such as buses, jeepneys, airlines, shipping lines, and even delivery couriers) are required to observe extraordinary diligence in ensuring the safety of passengers and goods.3 This means they must take all necessary precautions to prevent loss, damage, or injury, even beyond what an average careful person would do.
In the case of Aleson Shipping Lines v. CGU International Insurance, PLC and Candano Shipping Lines, Inc. (2020), the Supreme Court held Aleson Shipping liable for the collision, reaffirming that common carriers are bound to exercise extraordinary diligence in handling goods, and if they fail to prove such diligence, negligence is presumed. 4
The distinction between ordinary and extraordinary diligence is not just theory, it determines liability under Philippine law.
This means that the standard of care sets the benchmark for courts in deciding whether a party was negligent. If you meet the standard, you are not liable; if you fall short, you may be ordered to pay damages.
In a society where online transactions, transportation services, and financial dealings happen every day, these rules ensure that obligations are not just promises, they are legally enforceable duties to act with care.
In Philippine law, the standard of care matches the importance of the obligation. For everyday dealings, ordinary diligence is enough. But in industries that affect public interest, like transportation, finance, and digital commerce, extraordinary diligence is the rule.
At the end of the day, whether ordinary or extraordinary, the law reminds us: when something is entrusted to you, you are responsible for its safety.
- Civil Code of the Philippines, Art. 1163, Republic Act No. 386 (1949). ↩︎
- Madera v. Commission on Audit, G.R. No. 244128, September 8, 2020. ↩︎
- Civil Code of the Philippines, Art. 1733, Republic Act No. 386 (1949). ↩︎
- Aleson Shipping Lines v. CGU International Insurance, PLC and Candano Shipping Lines, Inc., G.R. No. 217311, July 15, 2020. ↩︎
