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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 not liable for the loss or damage to a passenger’s hand-carried baggage in the following instances:
a) In case of force majeure;
b) In case of acts of thieves or robbers done with the use of firearms or through an irresistible force; and
c) In case of loss due to the act of the passenger or his agent, or if the loss arises from the character of the thing.
(Sources: Articles 2000-2002, Civil Code)
A “baggage” is defined as any personal property carried by the passenger, either check-in or hand-carry. (Section 2.2, DOTC-DTI Joint Administrative Order No. s. 2012)
With respect to air carriers, every passenger thereof is entitled not only to transportation, but also baggage conveyance and ancillary services, in accordance with the terms and conditions of contract of carriage with the air carrier. (Section 7, DOTC-DTI Joint Administrative Order No. s. 2012)
A common carrier is required to observe the same diligence as hotel keepers in case the baggage remains with the passenger. In the case of Sulpicio Lines, Inc. v. Napoleon Sesante, G.R. No. 172682, July 27, 2016), the Supreme Court ruled that:
“The rule that the common carrier is always responsible for the passenger’s baggage during the voyage needs to be emphasized. Article 1754 of the Civil Code does not exempt the common carrier from liability in case of loss, but only highlights the degree of care required of it depending on who has the custody of the belongings. Hence, the law requires the common carriers to observe the same diligence as the hotel keepers in case the baggage remains with the passenger; otherwise, extraordinary diligence must be exercised.”
A common carrier may be held liable for baggage of and in possession of passengers in the nature of a necessary deposit. Article 1998 of the Civil Code defines a necessary deposit in the following manner:
“The deposit of effects made by travelers in hotels or inns shall also be regarded as necessary. The keepers of hotels or inns shall be responsible for them as depositaries, provided that notice was given to them, or to their employees, of the effects brought by the guests and that, on the part of the latter, they take the precautions which said hotel-keepers or their substitutes advised relative to the care and vigilance of their effects.”
Are common carriers authorized to open a passenger’s baggage at any time?
No. Section 8 of Republic Act No. 6235 (An Act Prohibiting Certain Acts Inimical to Civil Aviation) states that aircraft companies which operate as public utilities or operators of aircraft which are for hire are authorized to open and investigate suspicious packages and cargoes in the presence of the owner or shipper, or his authorized representatives if present; in order to help the authorities in the enforcement of the provisions of the Act, provided, that if the owner, shipper or his representative refuses to have the same opened and inspected, the airline or air carrier is authorized to refuse the loading thereof.
Carrier may only inquire on the nature of the passenger’s baggage but not search or inspect its contents. As held in the case of Nocum v. Laguna Tayabas Bus Company, (G.R. No. L-23733, October 31, 1969):
“When there are sufficient indications that the representations of the passenger regarding the nature of his baggage may not be true, in the interest of the common safety of all, the assistance of the police authorities may be solicited, not necessarily to force the passenger to open his baggage, but to conduct the needed investigation consistent with the rules of propriety and, above all, the constitutional rights of the passenger.”
Common carriers should be given sufficient leeway in assuming that the passengers they take in will not bring anything that would prove dangerous to himself, as well as his co-passengers, unless there is something that will indicate that a more stringent inspection should be made. (G.V. Florida Transport, Inc. v. Heirs of Romeo Battung, Sr., G.R. No. 208802, October 14, 2015, citing the case of Nocum v. Laguna Tayabas Bus Company, ibid.)
What are the instances when a common carrier is not liable for the loss or damage to a passenger’s hand-carried baggage?
In the following instances, the common carrier is not liable for any loss or damage to a passenger’s hand-carried baggage:
a. In case of any force majeure
Article 2000 provides:
“The responsibility referred to in the two preceding articles shall include the loss of, or injury to the personal property of the guests caused by the servants or employees of the keepers of hotels or inns as well as strangers; but not that which may proceed from any force majeure. The fact that travelers are constrained to rely on the vigilance of the keeper of the hotels or inns shall be considered in determining the degree of care required of him.”
b. In case of acts of thieves or robbers done with the use of firearms or through an irresistible force
Article 2001 provides:
“The act of a thief or robber, who has entered the hotel is not deemed force majeure, unless it is done with the use of arms or through an irresistible force.”
c. Those where the loss was due to the act of the passenger or his agent, or if the loss arises from the character of the thing
Article 2002 provides:
“The hotel-keeper is not liable for compensation if the loss is due to the acts of the guest, his family, servants or visitors, or if the loss arises from the character of the things brought into the hotel.”
Related Article: Transport Company’s Liability in Transporting Passengers or Goods
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