Handout 5 Flashcards
The primary law that governs common carriers is the
Civil Code of the Philippines
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 1732
is defined as one holding itself out to the public as engaged in the transportation of goods
or passengers, or both, for hire. It is one who is in the business of transporting goods or persons for hire as a public utility.
common carrier
is one who, without making the activity a vocation, or without holding himself or itself out to the public as ready to act for all who may desire his or its services, undertakes, by special agreement in a particular instance only, to transport goods or persons from one place to another either gratuitously or for hire.
private carrier
A contract to transport passengers is different in kind and degree from any contractual relation, and this is because of the relation which a carrier sustains with the public. It invites people to avail the comforts and advantages it offers.
Nature of the Contract of Carriage
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.
Article 1733
A common carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the utmost diligence of every cautious person, with due regard for all the circumstances.
Article 1755
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.
Article 1756
The responsibility of a common carrier for the safety of passengers as required in Articles 1733 and 1755 cannot be dispensed with or lessened by stipulation, by the posting of notices, by statement
On tIckets. or otherwise.
Article 1757.
is defined as that extreme measure of care and caution which persons of unusual prudence and circumspection use for securing and preserving their own property or rights.
“extraordinary diligence”
(an authorization for the operation of public services for which no franchise, either municipal or legislative, is required by law)
certificate of public convenience
Common carriers are liable for the death 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.
Article 1759
comprise the expenses for medicine and hospitalization.
Actual damages
are recoverable as compensatory damages, which shall be fixed by determining the net yearly income of the injured or deceased passenger and multiplying the same number by the number of years that he was expected to live or lead a gainful existence as determined by mortality tables of life insurance companies of the Philippines.
Unrealized profits
mav be awarded when the mishap resulted in the death of a passenger or when the carrier was guilty of traud or bad faith, even it death did not result. A larger amount ot damages will be awarded in view of the importance of the person of the passenger.
Moral damages
