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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 contract of carriage is defined as one whereby a certain person or association of persons obligate themselves to transport persons, things, or news from one place to another for a fixed price. (Cathay Pacific Airways v. Reyes, G.R. No. 185891, June 26, 2013)
In the vibrant streets of the Philippines, where the air hums with the chatter of vendors and the rhythmic honking of jeepneys, a silent agreement governs every journey: the Contract of Carriage. This is not just a legal document; it is the unspoken promise between passengers and public utility vehicles (PUVs), a covenant of trust that ensures every ride is more than just a trip from A to B.
A contract of carriage is defined as one whereby a certain person or association of persons obligate themselves to transport persons, things, or news from one place to another for a fixed price. (Cathay Pacific Airways v. Reyes, G.R. No. 185891, June 26, 2013) Under Article 1732 of the Civil Code, this “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” is called a common carrier.
Imbued by public interest and obligated by the contract of carriage, common carriers therefore are required to exercise extraordinary diligence to their passengers. Extraordinary diligence is that extreme measure of care and caution which persons of unusual prudence and circumspection use of securing and preserving their own property or rights. The law requires common carriers to render service with the greatest skill and utmost foresight. (Loadmasters Customs Services, Inc. v. Glodel Brokerage Corp., G.R No. 179446, 10 January 2011)
In fact, such observance of extraordinary diligence commences from the moment the person who purchases the ticket from the carrier presents himself at the proper place and in a proper manner to be transported and continues until the passenger has been landed at the port of destination and has left the vessel owner’s dock or premises. (Divina, 2022)
In case of death or injuries to passengers, common carriers are presumed to have been at fault or to have acted negligently. (Art. 1756, NCC)
And in an action for breach of contract of carriage, all that is required is to prove the existence of such contract and its non-performance by the carrier through the latter’s failure to carry the passenger safely to his destination.(Sps. Estrada v. Philippine Rabbit Bus Lines, Inc., G.R. No. 203902, July 19, 2017)
Indeed, in the intricate dance of public transportation in the Philippines, the Contract of Carriage stands as a testament to the spirit of cooperation and mutual respect. It is more than a legal agreement; it is the heartbeat of every journey, ensuring that each ride is a safe and fair passage through the lively tapestry of Filipino life. As we navigate the roads of the archipelago, this silent promise remains a guiding light, illuminating the path toward a future where every journey is not just a trip, but a shared adventure in trust and respect.
Related Article/s:
Void Stipulations in a Contract of Carriage of Goods
DEFENSES AVAILABLE FOR A COMMON CARRIER
Diligence Required of Common Carriers
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