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    SUBSECTION 2. Vigilance Over Goods .: in Transitu

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    Cris Margot Luyaben
    Common carriers are persons or entities engaged in transporting passengers or goods for compensation. They are bound by law to observe extraordinary diligence in safeguarding goods and passengers. For goods transportation, common carriers are responsible for any loss, destruction or deterioration, unless it was due to events outside their control such as natural disasters, acts of war, or issues with the goods. They are presumed at fault if goods are lost unless they can prove they exercised extraordinary diligence. This responsibility begins upon receiving the goods and ends when delivered to the recipient.

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    SUBSECTION 2. Vigilance Over Goods .: in Transitu

    Uploaded by

    Cris Margot Luyaben
    13 views2 pages
    Common carriers are persons or entities engaged in transporting passengers or goods for compensation. They are bound by law to observe extraordinary diligence in safeguarding goods and passengers. For goods transportation, common carriers are responsible for any loss, destruction or deterioration, unless it was due to events outside their control such as natural disasters, acts of war, or issues with the goods. They are presumed at fault if goods are lost unless they can prove they exercised extraordinary diligence. This responsibility begins upon receiving the goods and ends when delivered to the recipient.

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    Common carriers are persons or entities engaged in transporting passengers or goods for compensation. They are bound by law to observe extraordinary diligence in safeguarding goods and passengers. For goods transportation, common carriers are responsible for any loss, destruction or deterioration, unless it was due to events outside their control such as natural disasters, acts of war, or issues with the goods. They are presumed at fault if goods are lost unless they can prove they exercised extraordinary diligence. This responsibility begins upon receiving the goods and ends when delivered to the recipient.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    13 views2 pages

    SUBSECTION 2. Vigilance Over Goods .: in Transitu

    Uploaded by

    Cris Margot Luyaben
    Common carriers are persons or entities engaged in transporting passengers or goods for compensation. They are bound by law to observe extraordinary diligence in safeguarding goods and passengers. For goods transportation, common carriers are responsible for any loss, destruction or deterioration, unless it was due to events outside their control such as natural disasters, acts of war, or issues with the goods. They are presumed at fault if goods are lost unless they can prove they exercised extraordinary diligence. This responsibility begins upon receiving the goods and ends when delivered to the recipient.

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    © All Rights Reserved
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    of 2

    Article 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.

    Article 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.

    Such extraordinary diligence in the vigilance over the goods is 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.

    SUBSECTION 2. Vigilance Over Goods

    Article 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.

    Article 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.

    Article 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.

    Article 1737. The common carriers duty to observe extraordinary diligence 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.

    Article 1738. 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 destination, until the
    consignee has been advised of the arrival of the goods and has had reasonable opportunity
    thereafter to remove them or otherwise dispose of them.
    Article 1739. 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 referred to in article 1734, No. 2.

    Article 1740. If the common carrier negligently incurs in delay in transporting the goods, a natural
    disaster shall not free such carrier from responsibility.

    Article 1741. If the shipper or owner merely contributed to the loss, destruction or deterioration of the
    goods, the proximate cause thereof being the negligence of the common carrier, the latter shall be
    liable in damages, which however, shall be equitably reduced.

    Article 1742. Even if the loss, destruction, or deterioration of the goods should be caused by the
    character of the goods, or the faulty nature of the packing or of the containers, the common carrier
    must exercise due diligence to forestall or lessen the loss.

    Article 1743. If through the order of public authority the goods are seized or destroyed, the common
    carrier is not responsible, provided said public authority had power to issue the order.

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