CONTRACT OF TRANSPORTATION CARRIAGE

A CONTRACT WHEREBY A PERSON, NATURAL, OR JURIDICAL, OBLIGATES TO

TRANSPORT PERSONS, GOODS, OR BOTH FROM ONE PLACE TO ANOTHER, BY
LAND, AIR OR WATER, FOR A PRICE OR COMPENSATION.

CLASSIFICATIONS:
1.
2.
3.
4.
5.

COMMON OR PRIVATE
GOODS OR PASSENGERS
FOR A FEE/ FOR HIRE OR GRATUITOUS
LAND, WATER/MARITIME OR AIR
DOMESTIC/ INTER-ISLAND/ COASTWISE OR INTERNATIONAL OR FOREIGN

PARTIES TO A CONTRACT OF CARRIAGE

1. CARRIER OF PASSENGERS
A. COMMON CARRIER
- PERSONS, CORPORATIONS, FIRMS OR ASSOCIATIONS ENGAGED IN THE
BUSINESS OF CARRYING OR TRANSPORTATING PASSENGERS OR GOODS OR
BOTH, BY LAND, WATER OR AIR FOR COMPENSATION, OFFERING THEIR
SERVICES TO THE PUBLIC.
B. PRIVATE CARRIER
- ONE WHICH, WITHOUT BEING ENGAGED IN THE BUSINESS OF CARRYING AS A
PUBLIC EMPLOYMENT, UNDERTAKES TO DELIVER GOODS OR PASSENGERS
FOR COMPENSATION.

COMMON CARRIER

PRIVATE CARRIER

AS TO AVAILABILITY
HOLDS HIMSELF
OUT FOR ALL
PEOPLE
INDISCRIMINATELY

CONTRACTS WITH
PARTICULAR
INDIVIDUALS OR
GROUPS ONLY

AS TO REQUIRED DILIGENCE
EXTRAORDINARY
ORDINARY
DILIGENCE
DILIGENCE
AS TO REGULATION
SUBJECT TO STATE
NOT SUBJECT TO
REGULATION
STATE REGULATION
STIPULATION LIMITING LIABILITY
PARTIES MAY NOT
AGREE ON LIMITING
THE CARRIERS

PARTIES MAY LIMIT

THE CARRIERS
LIABILITY,

LIABILITY EXCEPT
WHEN PROVIDED BY
LAW

PROVIDED IT IS NOT
CONTRARY TO LAW,
MORALS, GOOD
CUSTOMS
EXEMPTING CIRCUMSTANCE
PROVE
CASO FORTUITO,
EXTRAORDINARY
ART. 1174, NCC
DILIGENCE AND ART.
1733, NCC
PRESUMPTION OF NEGLIGENCE
THERE IS A
PRESUMPTION OF
FAULT OR
NEGLIGENCE
GOVERNING LAW

NO PRESUMPTION
OF FAULT OR
NEGLIGENCE

LAW ON COMMON
CARRIERS

LAW ON
OBLIGATIONS AND
CONTRACTS

GOVERNING LAWS
-

DOMESTIC/INTER-ISLAND/COASTWISE
APPLICABLE TO LAND, WATER AND AIR WATER TRANSPORTATION
1. CIVIL CODE- PRIMARY
2. CODE OF COMMERCE
INTERNATIONAL/FOREIGN/OVERSEAS

APPLICABLE TO WATER/MARITIME AND AIR TRANSPORTATION

1. CIVIL CODE- PRIMARY
2. CODE OF COMMERCE- SUPPLETORY
3. OTHERS- SUPPLETORY
A. WATER/MARITIME: CARRIAGE OF GOODS BY SEA ACT (COGSA)
B. AIR: WARSAW CONVENTION