Diligence required of common carriers

Question 1

What is the diligence required of common carriers?

Answer 1

Under Article 1733 of the Civil Code, 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 passengers transported by them according to all the circumstances of each case. Thus, under Article 1735 of the same Code, in all cases other than those mentioned in Article 1734 thereof, the common carrier shall be presumed to have been at fault or to have acted negligently, in case of death or injury to passengers or loss or damage to goods, unless it proves that it has observed the extraordinary diligence required by law.30

Question 2

Peter So hailed a taxicab owned and operated by Jimmy Cheng and driven by Hermie Cortez. Peter asked Cortez to take him to his office in Malate. On the way to Malate, the taxicab collided with a passenger jeepney, as a result of which Peter was injured, i.e., he fractured his left leg. Peter sued Jimmy for damages, based upon a contract of carriage, and Peter won.
Jimmy wanted to challenge the decision before the Supreme Court on the ground that the trial court erred in not making an express finding as to whether or not Jimmy was responsible for
the collision and, hence, civilly liable to Peter. He went to see you for advice. What will you tell him? Explain your answer.

Answer 2

I will counsel Jimmy to desist from challenging the decision.
The action of Peter being based on culpa contractual, the carrier’s fault or negligence is presumed upon the breach of contract. The
burden of proof instead would lie on Jimmy to establish that, despite an exercise of extraordinary diligence, the collision could not have been avoided.

Question 3

Is extraordinary diligence required only in the transportation of passengers and carriage of goods?

Answer 3

No. Common carriers are required to exercise extraordinary diligence in the performance of their obligations under contracts of carriage. This extraordinary diligence must be observed not only in the transportation of goods and services but also in the issuance of the contract of carriage, including its ticketing operations. The
common carrier’s obligation to exercise extraordinary diligence in the issuance of the contract of carriage is fulfilled, however, by requiring a full review of the flight schedules to be given to a prospective passenger before payment. Thus, even assuming that the ticketing
agent encoded the incorrect flight information, it is incumbent upon the purchaser of the tickets to at least check if all the information is correct before making the purchase. Once the ticket is paid for and printed, the purchaser is presumed to have agreed to all its terms and conditions.