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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:
- 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, New Civil Code of the Philippines)
- Common carriers are liable for the checked-in baggage of the passengers. Extraordinary diligence requires common carriers to observe the safety of both goods and passengers during transportation.
Embarking on a journey is always an exciting adventure, but amid the thrill of exploring new destinations, a lingering question often crosses our minds: what happens to our checked-in baggage once it disappears behind the conveyor belt at the airport? Who will be accountable if our checked-in luggage goes missing or gets damaged? What is the safety net that surrounds the checked-in luggage when we hop on a plane?
The law says:
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, New Civil Code of the Philippines)
Common carriers, which include entities like airlines and other transportation services, bear a significant responsibility for the well-being of the checked-in baggage they transport. In simple terms, this means that if your items suffer loss, destruction, or damage while in the care of these carriers, it’s on their shoulders to make it right.
This emphasizes the idea that when the checked-in baggage is handed to these carriers, they are obligated to take every reasonable measure to ensure the safe and secure transit of the same. So, if the unfortunate scenario of loss, destruction, or deterioration arises, common carriers are held accountable, and passengers or shippers may have the right to seek compensation or redress for the harm suffered by their baggage.
When does this responsibility of the common carriers last?
The law says:
The extraordinary responsibility of the common carrier lasts from the time the goods are unconditionally placed in the possession of, and received by the carrier for transportation until the same are delivered, actually or constructively, by the carrier to the consignee, or to the person who has a right to receive them, without prejudice to the provisions of Article 1738. (Article 1736, New Civil Code)
Simply put, the special duty of the common carrier kicks in as soon as they get hold of your checked-in baggage for the journey. It stays in effect until your belongings are handed over to you or the person meant to receive them, either in person or indirectly. In other words, the carrier is on the hook for taking good care of your things from the moment they take charge until they safely reach their destination or your hands.
However, not all loss, destruction, or deterioration, will make common carriers liable if the same is due to the following causes:
- Flood, storm, earthquake, lightning, or other natural disaster or calamity;
- Act of the public enemy in war, whether international or civil;
- Act or omission of the shipper or owner of the goods;
- The character of the goods or defects in the packing or in the containers;
- Order or act of competent public authority. (Article 1734, New Civil Code)
What if your checked-in luggage was temporarily unloaded or stored in transit?
The law says:
The common carrier’s duty to observe extraordinary diligence in the vigilance over the goods remains in full force and effect even when they are temporarily unloaded or stored in transit, unless the shipper or owner has made use of the right of stoppage in transitu.
Even when the common carrier takes a pit stop or stores your checked-in baggage temporarily during the journey, common carriers still need to be super careful with the passenger’s belongings. Common carriers can’t relax their responsibility to keep a close eye on your belongings.
However, there is one exception: if the owner of the baggage decide to pause the journey for some reason, then the carrier’s extra-vigilant duty takes a breather too. But otherwise, whether your checked-in baggage is on the move or taking a short break, the carrier has to keep watching over it.
Common Carriers are Liable for Damages
The case of Pan American World Airways, Inc. vs. IAC, G.R. No. 68988, June 21, 1990:
In this case, the Supreme Court ruled that an airline is responsible for moral damages when it neglects a passenger’s luggage and mistreats the passenger in the process.
This case involved the airline failing to transport a passenger’s luggage and displaying discourteous behavior from its staff when the passenger sought assistance. The court ruled that such actions, which included not helping the passenger find the missing luggage and treating them rudely, warranted compensation for the emotional distress caused. Essentially, the decision highlights the airline’s obligation not only to transport luggage reliably but also to provide courteous and helpful assistance to passengers, and failure to do so may result in legal consequences.
In essence, carriers are liable for the checked-in baggage of the passengers. Extraordinary diligence requires common carriers to observe the safety of both goods and passengers during transportation.
Notably, carriers are presumed at fault unless they prove extraordinary diligence. The carrier’s responsibility extends from the unconditional possession of the goods until they are delivered to the consignee, and this diligence remains intact even during temporary unloading or storage.
Read also: WHAT ARE COMMON CARRIERS?
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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