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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
A common carrier is bound to observe extraordinary diligence for the safety of the passengers it transports.
A common carrier is likewise 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.
(Sources: Articles 1733 and 1755, Civil Code)
Common carriers refer to 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, Civil Code)
Article 1733 of the Civil Code of the Philippines provides that common carriers, from the nature of their business and for reasons of public policy, are bound to observe extraordinary diligence for the safety of the passengers transported by them, according to all the circumstances of each case.
Extraordinary diligence for the safety of the passengers is set forth in Articles 1755 and 1756, viz:
“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 due regard for all circumstances. (Article 1755, Civil Code)
“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, Civil Code)
In the case of Dangwa Transportation Co. v. Court of Appeals (G.R. No. 95582, October 7, 1991), the Supreme Court ruled that by a contract of carriage, the common carrier assumes the express obligation to transport the passenger to his destination safely and observe extraordinary diligence with a due regard for all the circumstances, and any injury that might be suffered by the passenger is right away attributable to the fault or negligence of the carrier. It is therefore incumbent upon the common carrier to prove that it has exercise extraordinary diligence as prescribed in Articles 1733 and 1755 of the Civil Code.
It must be noted that while the law requires the highest degree of diligence from common carriers in the safe transport of their passengers and creates a presumption of negligence against them, it does not, however, make the carrier an insurer of the absolute safety of its passengers.
As explained in the case of G.V. Florida Transport, Inc. v. Heirs of Romeo Battung, Sr. (G.R. No. 208802. October 14, 2015):
Article 1755 of the Civil Code qualifies the duty of extraordinary care, vigilance, and precaution in the carriage of passengers by common carriers to only such as human care and foresight can provide. What constitutes compliance with said duty is adjudged with due regard to all the circumstances.
Article 1756 of the Civil Code, in creating a presumption of fault or negligence on the part of the common carrier when its passenger is injured, merely relieves the latter, for the time being, from introducing evidence to fasten the negligence on the former, because the presumption stands in the place of evidence. Being a mere presumption, however, the same is rebuttable by proof that the common carrier had exercised extraordinary diligence as required by law in the performance of its contractual obligation, or that the injury suffered by the passenger was solely due to a fortuitous event.
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Thus, it is clear that neither the law nor the nature of the business of a transportation company makes it an insurer of the passenger’s safety, but that its liability for personal injuries sustained by its passenger rests upon its negligence, its failure to exercise the degree of diligence that the law requires.” (Emphasis in original.)
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