Civil Code Provisions Flashcards
Book
Obligations and Contracts
Title VIII
LEASE
Chapter 3
Work and Labor
Section 4
Common Carriers
Subsection 1
General Provisions
Article 1732
Definition of a Common Carrier
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.
Book
Obligations and Contracts
Title VIII
LEASE
Chapter 3
Work and Labor
Section 4
Common Carriers
Subsection 1
General Provisions
Article 1733
Extraordinary Diligence over Goods and Passengers
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.
Book
Obligations and Contracts
Title VIII
LEASE
Chapter 3
Work and Labor
Section 4
Common Carriers
Subsection 2
Vigilance over Goods
Article 1734
Extraordinary Diligence over Goods: Reasons and Exemptions
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.
Book
Obligations and Contracts
Title VIII
LEASE
Chapter 3
Work and Labor
Section 4
Common Carriers
Subsection 2
Safety of Passengers
Article 1755
Extraordinary Diligence over Passengers
Article 1755. 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.
Book
Obligations and Contracts
Title VIII
LEASE
Chapter 3
Work and Labor
Section 4
Common Carriers
Subsection 2
Safety of Passengers
Article 1756
Presumption of Negligence
Article 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.
Book
Obligations and Contracts
Title VIII
LEASE
Chapter 3
Work and Labor
Section 4
Common Carriers
Subsection 2
Safety of Passengers
Article 1759
Liability of Employees over Death and Injuries
Article 1759. Common carriers are liable for the death of or injuries to passengers through the negligence or willful acts of the former’s employees, although such employees may have acted beyond the scope of their authority or in violation of the orders of the common carriers.
This liability of the common carriers does not cease upon proof that they exercised all the diligence of a good father of a family in the selection and supervision of their employees.
Book
Obligations and Contracts
Title VIII
LEASE
Chapter 3
Work and Labor
Section 4
Common Carriers
Subsection 2
Safety of Passengers
Article 1763
Liability of Other Passengers over Death and Injuries
Article 1763. 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.
Book
Obligations and Contracts
TITLE XVII
EXTRA-CONTRACTUAL OBLIGATIONS
Chapter 3
Quasi-Delicts
Article 2176
Definition of Quasi-Delict/Culpa Aquiliana
Article 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.
Book
Obligations and Contracts
TITLE XVII
EXTRA-CONTRACTUAL OBLIGATIONS
Chapter 3
Quasi-Delicts
Article 2177
Prohibition from Double Recovery of Damages
Civil liability arising from negligence under the NCC vs. Civil liability arising from negligence under the RPC
Article 2177. Responsibility for fault or negligence under the preceding article is entirely separate and distinct from the civil liability arising from negligence under the Penal Code. But the plaintiff cannot recover damages twice for the same act or omission of the defendant.
Book
Obligations and Contracts
TITLE XVII
EXTRA-CONTRACTUAL OBLIGATIONS
Chapter 3
Quasi-Delicts
Article 2180
Demandable Obligation
Article 2180. The obligation imposed by article 2176 is demandable not only for one’s own acts or omissions, but also for those of persons for whom one is responsible.
The father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor children who live in their company.
Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company.
The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions.
Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry.
The State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in article 2176 shall be applicable.
Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody.
The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage.
Book
Obligations and Contracts
TITLE XVII
EXTRA-CONTRACTUAL OBLIGATIONS
Chapter 3
Quasi-Delicts
Article 2185
Driver of Motor Vehicle as Presumed Negligent
Unless there is proof to the contrary, it is presumed that a person driving a motor vehicle has been negligent if at the time of the mishap, he was violating any traffic regulation.
