SECTION 4. - Common Carriers (n) SUBSECTION 1.

- General Provisions
Art. 1732. Common carriers are 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. Art. 1733. 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. uch extraordinary diligence in the vigilance over the goods is further expressed in Articles 173!, 173", and 17!", #os. ", $, and 7, while the extraordinary diligence for the safety of the passengers is further set forth in Articles 17"" and 17"$.

SUBSECTION 2. - Vigilan e Over Goo!s

Art. 173!. Common carriers are responsible for the loss, destruction, or deterioration of the goods, unless the same is due to any of the following causes only% &1' (lood, storm, earth)ua*e, lightning, or other natural disaster or calamity+ &2' &3' &!' &"' Act of the public enemy in war, whether international or civil+ Act of omission of the shipper or owner of the goods+ ,he character of the goods or defects in the pac*ing or in the containers+ -rder or act of competent public authority.

Art. 173". .n all cases other than those mentioned in #os. 1, 2, 3, !, and " of the preceding article, if the goods are lost, destroyed or deteriorated, common carriers are presumed to have been at fault or to have acted negligently, unless they prove that they observed extraordinary diligence as re)uired in Article 1733. Art. 173$. ,he 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 pre/udice to the provisions of Article 1730. Art. 1737. ,he common carrier1s duty to observe extraordinary diligence 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. Art. 1730. ,he extraordinary liability of the common carrier continues to be operative even during the time the goods are stored in a warehouse of the carrier at the place of destination, until the consignee has been advised of the arrival of the goods and has had reasonable opportunity thereafter to remove them or otherwise dispose of them. Art. 1732. .n order that the common carrier may be exempted from responsibility, the natural disaster must have been the proximate and only cause of the loss. 3owever, the common carrier must exercise due diligence to prevent or minimi4e loss before, during and after the occurrence of flood, storm or other natural disaster in order that the common carrier may be exempted from liability for the loss, destruction, or deterioration of the goods. ,he same duty is incumbent upon the common carrier in case of an act of the public enemy referred to in Article 173!, #o. 2. Art. 17!5. .f the common carrier negligently incurs in delay in transporting the goods, a natural disaster shall not free such carrier from responsibility. Art. 17!1. .f the shipper or owner merely contributed to the loss, destruction or deterioration of the goods, the proximate cause thereof being the negligence of the common carrier, the latter shall be liable in damages, which however, shall be e)uitably reduced. Art. 17!2. 6ven if the loss, destruction, or deterioration of the goods should be caused by the character of the goods, or the faulty nature of the pac*ing or of the containers, the common carrier must exercise due diligence to forestall or lessen the loss. Art. 17!3. .f through the order of public authority the goods are sei4ed or destroyed, the common carrier is not responsible, provided said public authority had power to issue the order.

Art. 17!!. A stipulation between the common carrier and the shipper or owner limiting the liability of the former for the loss, destruction, or deterioration of the goods to a degree less than extraordinary diligence shall be valid, provided it be% &1' .n writing, signed by the shipper or owner+ &2' upported by a valuable consideration other than the service rendered by the common carrier+ and &3' 7easonable, /ust and not contrary to public policy. Art. 17!". Any of the following or similar stipulations shall be considered unreasonable, un/ust and contrary to public policy% &1' ,hat the goods are transported at the ris* of the owner or shipper+ &2' ,hat the common carrier will not be liable for any loss, destruction, or deterioration of the goods+ &3' ,hat the common carrier need not observe any diligence in the custody of the goods+ &!' ,hat the common carrier shall exercise a degree of diligence less than that of a good father of a family, or of a man of ordinary prudence in the vigilance over the movables transported+ &"' ,hat the common carrier shall not be responsible for the acts or omission of his or its employees+ &$' ,hat the common carrier1s liability for acts committed by thieves, or of robbers who do not act with grave or irresistible threat, violence or force, is dispensed with or diminished+ &7' ,hat the common carrier is not responsible for the loss, destruction, or deterioration of goods on account of the defective condition of the car, vehicle, ship, airplane or other e)uipment used in the contract of carriage. Art. 17!$. An agreement limiting the common carrier1s liability may be annulled by the shipper or owner if the common carrier refused to carry the goods unless the former agreed to such stipulation. Art. 17!7. .f the common carrier, without /ust cause, delays the transportation of the goods or changes the stipulated or usual route, the contract limiting the common carrier1s liability cannot be availed of in case of the loss, destruction, or deterioration of the goods. Art. 17!0. An agreement limiting the common carrier1s liability for delay on account of stri*es or riots is valid. Art. 17!2. A stipulation that the common carrier1s liability is limited to the value of the goods appearing in the bill of lading, unless the shipper or owner declares a greater value, is binding. Art. 17"5. A contract fixing the sum that may be recovered by the owner or shipper for the loss, destruction, or deterioration of the goods is valid, if it is reasonable and /ust under the circumstances, and has been fairly and freely agreed upon. Art. 17"1. ,he fact that the common carrier has no competitor along the line or route, or a part thereof, to which the contract refers shall be ta*en into consideration on the )uestion of whether or not a stipulation limiting the common carrier1s liability is reasonable, /ust and in consonance with public policy. Art. 17"2. 6ven when there is an agreement limiting the liability of the common carrier in the vigilance over the goods, the common carrier is disputably presumed to have been negligent in case of their loss, destruction or deterioration. Art. 17"3. ,he law of the country to which the goods are to be transported shall govern the liability of the common carrier for their loss, destruction or deterioration. Art. 17"!. ,he provisions of Articles 1733 to 17"3 shall apply to the passenger1s baggage which is not in his personal custody or in that of his employee. As to other baggage, the rules in Articles 1220 and 2555 to 2553 concerning the responsibility of hotel8*eepers shall be applicable.

SUBSECTION ". - Sa#e$% o# Passengers

Art. 17"". 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 a due regard for all the circumstances.

Art. 17"$. .n case of death of or in/uries 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 17"". Art. 17"7. ,he responsibility of a common carrier for the safety of passengers as re)uired in Articles 1733 and 17"" cannot be dispensed with or lessened by stipulation, by the posting of notices, by statements on tic*ets, or otherwise. Art. 17"0. 9hen a passenger is carried gratuitously, a stipulation limiting the common carrier1s liability for negligence is valid, but not for wilful acts or gross negligence. ,he reduction of fare does not /ustify any limitation of the common carrier1s liability. Art. 17"2. Common carriers are liable for the death of or in/uries to passengers through the negligence or wilful acts of the former1s employees, although such employees may have acted beyond the scope of their authority or in violation of the orders of the common carriers. ,his liability of the common carriers does not cease upon proof that they exercised all the diligence of a good father of a family in the selection and supervision of their employees. Art. 17$5. ,he common carrier1s responsibility prescribed in the preceding article cannot be eliminated or limited by stipulation, by the posting of notices, by statements on the tic*ets or otherwise. Art. 17$1. ,he passenger must observe the diligence of a good father of a family to avoid in/ury to himself. Art. 17$2. ,he contributory negligence of the passenger does not bar recovery of damages for his death or in/uries, if the proximate cause thereof is the negligence of the common carrier, but the amount of damages shall be e)uitably reduced. Art. 17$3. A common carrier is responsible for in/uries suffered by a passenger on account of the wilful acts or negligence of other passengers or of strangers, if the common carrier1s employees through the exercise of the diligence of a good father of a family could have prevented or stopped the act or omission.

SUBSECTION 4. - Common Provisions

Art. 17$!. :amages in cases comprised in this ection shall be awarded in accordance with ,itle ;<... of this =oo*, concerning :amages. Article 225$ shall also apply to the death of a passenger caused by the breach of contract by a common carrier. Art. 17$". ,he >ublic ervice Commission may, on its own motion or on petition of any interested party, after due hearing, cancel the certificate of public convenience granted to any common carrier that repeatedly fails to comply with his or its duty to observe extraordinary diligence as prescribed in this ection. Art. 17$$. .n all matters not regulated by this Code, the rights and obligations of common carriers shall be governed by the Code of Commerce and by special laws.

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SECTION 4. - Common Carriers (n) SUBSECTION 1. - General Provisions

Art. 1732. Common carriers are persons, corporations, firms or associations 1.BBBBBBB in the business of carrying or transporting passengers or goods or both, by land, water, or air, for 2.BBBBBB, 3.BBBBBB their services to the public. Art. 1733. Common carriers, from the !.BBBBB of their business and for ".BBBBBB of public policy, are $.BBBBB 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. uch extraordinary diligence in the 7.BBBBB over the goods is further expressed in Articles 173!, 173", and 17!", #os. ", $, and 7, while the extraordinary diligence for the 0. BBBBB of the passengers is further set forth in Articles 17"" and 17"$.

SUBSECTION 2. - Vigilan e Over Goo!s

Art. 173!. Common carriers are responsible for the 2.BBBBBBB, 15.BBBBBBB, or 11.BBBBBB of the goods, unless the same is due to any of the following causes 12.BBBBB% &1' (lood, storm, earth)ua*e, lightning, or other 13.BBBBBBBBBB or calamity+ &2' Act of the 1!.BBBBBBB in war, whether 1".BBBBBBBB or civil+ &3' Act of omission of the shipper or 1$.BBBBBB of the goods+ &!' ,he 17BBBBBBBof the goods or defects in the 10BBBBBBB or in the containers+ &"' 12BBBBBBBor act of competent public authority. Art. 173". .n all cases other than those mentioned in #os. 1, 2, 3, !, and " of the preceding article, if the goods are lost, destroyed or deteriorated, common carriers are 25.BBBBBBBB to have been at fault or to have acted negligently, unless they prove that they 21.BBBBBBBBB extraordinary diligence as re)uired in Article 1733. Art. 173$. ,he extraordinary responsibility of the common carrier 22.BBBBB from the time the goods are unconditionally placed in the 23BBBBBBB of, and received by the carrier for 2!BBBBBBBB until the same are delivered, 2"BBBBBB or 2$.BBBBBBBBB, by the carrier to the consignee, or to the person who has a right to 27BBBBBthem, without pre/udice to the provisions of Article 1730. Art. 1737. ,he common carrier1s duty to observe extraordinary diligence over the goods 20BBBBBBBBB in full force and effect even when they are temporarily 22BBBBBBB or stored in transit, unless the shipper or owner has made 35BBBBBBB of the right of stoppage in transitu. Art. 1730. ,he extraordinary liability of the common carrier 31BBBBBBBB to be operative even during the time the goods are stored in a warehouse of the carrier at the place of 32BBBBBBBBB, until the consignee has been 33BBBBB of the arrival of the goods and has had reasonable opportunity thereafter to remove them or otherwise dispose of them. Art. 1732. .n order that the common carrier may be exempted from 3!BBBBBBB, the natural disaster must have been the proximate and 3"BBBBBBB cause of the loss. 3owever, the common carrier must exercise 3$BBBBBBB diligence to prevent or minimi4e loss 37BBBBBBB , 30BBBBBB and 32BBBBBBB the occurrence of flood, storm or other natural disaster in order that the common carrier may be exempted from liability for the loss, destruction, or deterioration of the goods. ,he same duty is !5BBBBBBBupon the common carrier in case of an act of the public enemy referred to in Article 173!, #o. 2. Art. 17!5. .f the common carrier negligently !1BBBBBB in delay in transporting the goods, a natural disaster shall not free such carrier from responsibility. Art. 17!1. .f the shipper or owner !2BBBBBBB contributed to the loss, destruction or deterioration of the goods, the proximate cause thereof being the negligence of the common carrier, the !3BBBBBBB shall be liable in damages, which however, shall be e)uitably !!BBBBBB. Art. 17!2. 6ven if the loss, destruction, or deterioration of the goods should be !"BBBBBB by the character of the goods, or the !$BBBBBBB nature of the pac*ing or of the containers, the common carrier must exercise due diligence to forestall or !7BBBBBB the loss. Art. 17!3. .f through the order of public authority the goods are !0BBBBBBB or !2BBBBBB, the common carrier is not responsible, provided said public authority had "5BBBBB to issue the order. Art. 17!!. A "1BBBBBB between the common carrier and the shipper or owner limiting the liability of the "2BBBBBBB for the loss, destruction, or deterioration of the goods to a degree less than extraordinary diligence shall be valid, provided it be% &1' .n writing, "3BBBBB by the shipper or owner+ &2' "!BBBBBBB by a valuable consideration other than the service rendered by the common carrier+ and &3' ""BBBBBBB , "$BBBBBBB and not contrary to public policy. Art. 17!". Any of the following or similar stipulations shall be considered "7BBBBBBBB, "0BBBBBB and contrary to public policy% &1' ,hat the goods are "2BBBBBBBBBB at the ris* of the owner or shipper+ &2' ,hat the common carrier will not be $5BBBBBBB for any loss, destruction, or deterioration of the goods+ &3' ,hat the common carrier need not observe any diligence in the $1BBBBBBBB of the goods+ &!' ,hat the common carrier shall exercise a degree of diligence less than that of a good father of a family, or of a man of ordinary $2BBBBBBB in the vigilance over the movables transported+

&"' ,hat the common carrier shall not be responsible for the acts or omission of his or its $3BBBBBBB+ &$' ,hat the common carrier1s liability for acts committed by $!BBBBBBB, or of $"BBBBBBBB who do not act with grave or irresistible threat, violence or force, is dispensed with or diminished+ &7' ,hat the common carrier is not responsible for the loss, destruction, or deterioration of goods on account of the defective condition of the $$BBBBBB, $7BBBBBB, $0BBBBBB, $2BBBBBBBBor other e)uipment used in the contract of carriage. Art. 17!$. An agreement limiting the common carrier1s liability may be 75BBBBBB by the shipper or owner if the common carrier refused to carry the goods unless the former agreed to such stipulation. Art. 17!7. .f the common carrier, without /ust cause, delays the transportation of the goods or 71BBBBBB the stipulated or usual 72BBBBB, the contract limiting the common carrier1s liability cannot be availed of in case of the loss, destruction, or deterioration of the goods. Art. 17!0. An agreement limiting the common carrier1s liability for 73BBBBBBB on account of stri*es or riots is valid. Art. 17!2. A stipulation that the common carrier1s liability is limited to the value of the goods 7!BBBBBBBB in the bill of lading, unless the shipper or owner declares a greater value, is 7" BBBBBB. Art. 17"5. A contract fixing the sum that may be 7$BBBBBB by the owner or shipper for the loss, destruction, or deterioration of the goods is valid, if it is reasonable and /ust under the circumstances, and has been 77BBBBBB and freely agreed upon. Art. 17"1. ,he 70BBBBBB that the common carrier has no competitor along the line or route, or a part thereof, to which the contract refers shall be ta*en into consideration on the )uestion of whether or not a stipulation limiting the common carrier1s liability is reasonable, /ust and in 72BBBBBBBwith public policy. Art. 17"2. 6ven when there is an agreement limiting the liability of the common carrier in the vigilance over the goods, the common carrier is 05 BBBBBBBB presumed to have been negligent in case of their loss, destruction or deterioration. Art. 17"3. ,he 01 BBBBBBB of the 02BBBBBBBBB to which the goods are to be transported shall govern the liability of the common carrier for their loss, destruction or deterioration. Art. 17"!. ,he provisions of Articles 1733 to 17"3 shall apply to the passenger1s 03 BBBBBBB which is not in his personal custody or in that of his employee. As to other baggage, the rules in Articles 1220 and 2555 to 2553 concerning the responsibility of 0! BBBBBBB shall be applicable.

SUBSECTION ". - Sa#e$% o# Passengers

Art. 17"". A common carrier is bound to carry the passengers safely as far as 0" BBBBBB care and foresight can provide, using the utmost diligence of very 0$BBBBBBBBB persons, with a due regard for all the circumstances. Art. 17"$. .n case of 07 BBBBB of or 00BBBBBBBto 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 17"". Art. 17"7. ,he responsibility of a common carrier for the safety of passengers as re)uired in Articles 1733 and 17"" cannot be dispensed with or 02BBBBBBB by stipulation, by the posting of notices, by statements on tic*ets, or otherwise. Art. 17"0. 9hen a passenger is carried 25BBBBBBB , a stipulation limiting the common carrier1s liability for negligence is valid, but not for wilful acts or gross negligence. ,he reduction of 21 BBBBBBdoes not /ustify any limitation of the common carrier1s liability. Art. 17"2. Common carriers are liable for the death of or in/uries to passengers through the negligence or wilful acts of the former1s employees, although such employees may have acted beyond the scope of their authority or in violation of the orders of the common carriers. ,his liability of the common carriers does not cease upon proof that they exercised all the diligence of a good father of a family in the 22 BBBBBBB and 23BBBBBBBBB of their employees.

Art. 17$5. ,he common carrier1s responsibility prescribed in the preceding article cannot be 2! BBBBBBB or limited by stipulation, by the posting of notices, by statements on the tic*ets or otherwise. Art. 17$1. ,he passenger must observe the diligence of a good father of a family to avoid in/ury to 2" BBBBBBBB. Art. 17$2. ,he contributory negligence of the passenger does not bar recovery of damages for his death or in/uries, if the proximate cause thereof is the negligence of the common carrier, but the amount of 2$ BBBBBBB shall be e)uitably reduced. Art. 17$3. A common carrier is responsible for in/uries suffered by a passenger on account of the wilful acts or negligence of other passengers or of strangers, if the common carrier1s employees through the exercise of the diligence of a good father of a family could have prevented or 27 BBBBBBBB the act or omission.

SUBSECTION 4. - Common Provisions

Art. 17$!. 20BBBBB in cases comprised in this ection shall be awarded in accordance with ,itle ;<... of this =oo*, concerning :amages. Article 225$ shall also apply to the death of a passenger caused by the breach of contract by a common carrier. Art. 17$". ,he >ublic ervice Commission may, on its own motion or on petition of any interested party, after due hearing, 22BBBBBBBBthe certificate of public convenience granted to any common carrier that repeatedly fails to comply with his or its duty to observe extraordinary diligence as prescribed in this ection. Art. 17$$. .n all matters not 155BBBBBBB by this Code, the rights and obligations of common carriers shall be governed by the Code of Commerce and by special laws.