A carrier is a person or corporation who
undertakes to transport or convey goods or
persons from one place to another, gratuitously
or for hire.
private carrier is one who, without making the
activity a vocation, or without holding himself or
itself out to the public as ready to act for all who
may desire his or its services, undertakes, by
special agreement in a particular instance only,
to transport goods or persons from one place
to another either gratuitously or for hire.
The provisions on ordinary contracts of the
Civil Code govern the contract of private
carriage.The diligence required of a private
carrier is only ordinary, that is, the diligence of
a good father of the family.
a common carrier is a person, corporation, firm
or association engaged in the business of
carrying or transporting passengers or goods
or both, by land, water, or air, for
compensation, offering such services to the
public. Contracts of common carriage are
governed by the provisions on common
carriers of the Civil Code, the Public Service
Act, and other special laws relating to
transportation. A common carrier is required to
observe extraordinary diligence, and is
presumed to be at fault or to have acted
negligently in case of the loss of the effects of
passengers, or the death or injuries to
passengers
Elements of a common carrier:
a. persons' corporations, firms or
associations
b. engaged in the business of carrying or
transporting passengers, goods or both
c. means of carriage is by land, water or
air
d. the carrying of passengers, goods or
both is for compensation
e. the service is offered to the public
without distinction.
PROVISIONS
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.
Such extraordinary diligence in the vigilance
over the goods is further expressed in Articles
1734, 1735, and 1745, Nos. 5, 6, and 7, while
the extraordinary diligence for the safety of the
passengers is further set forth in Articles 1755
and 1756.
Art. 1734. 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) Flood, storm, earthquake, lightning, or
other natural disaster or calamity;
(2) Act of the public enemy in war, whether
international or civil;
(3) Act of omission of the shipper or owner of
the goods;
(4) The character of the goods or defects in the
packing or in the containers;
(5) Order or act of competent public authority.
Art. 1735. In all cases other than those
mentioned in Nos. 1, 2, 3, 4, and 5 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 required in
Article 1733.
Art. 1736. 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.
Art. 1737. The common carrier's 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. 1738. The 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. 1739. In order that the common carrier
may be exempted from responsibility, the
natural disaster must have been the proximate
and only cause of the loss. However, the
common carrier must exercise due diligence to
prevent or minimize 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.
The same duty is incumbent upon the common
carrier in case of an act of the public enemy
referred to in Article 1734, No. 2.
Art. 1740. If the common carrier negligently
incurs in delay in transporting the goods, a
natural disaster shall not free such carrier from
responsibility.
Art. 1741. If 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 equitably
reduced.
Art. 1742. Even if the loss, destruction, or
deterioration of the goods should be caused by
the character of the goods, or the faulty nature
of the packing or of the containers, the
common carrier must exercise due diligence to
forestall or lessen the loss.
Art. 1743. If through the order of public
authority the goods are seized or destroyed,
the common carrier is not responsible,
provided said public authority had power to
issue the order.
Art. 1744. 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) In writing, signed by the shipper or owner;
(2) Supported by a valuable consideration
other than the service rendered by the
common carrier; and
(3) Reasonable, just and not contrary to public
policy.
Art. 1745. Any of the following or similar
stipulations shall be considered unreasonable,
unjust and contrary to public policy:
(1) That the goods are transported at the risk
of the owner or shipper;
(2) That the common carrier will not be liable
for any loss, destruction, or deterioration of the
goods;
(3) That the common carrier need not observe
any diligence in the custody of the goods;
(4) That 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;
(5) That the common carrier shall not be
responsible for the acts or omission of his or its
employees;
(6) That the common carrier's 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) That 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
equipment used in the contract of carriage.
Art. 1746. An agreement limiting the common
carrier's 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. 1747. If the common carrier, without just
cause, delays the transportation of the goods
or changes the stipulated or usual route, the
contract limiting the common carrier's liability
cannot be availed of in case of the loss,
destruction, or deterioration of the goods.
Art. 1748. An agreement limiting the common
carrier's liability for delay on account of strikes
or riots is valid.
Art. 1749. A stipulation that the common
carrier's 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. 1750. 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 just under the
circumstances, and has been fairly and freely
agreed upon.
Art. 1751. The fact that the common carrier has
no competitor along the line or route, or a part
thereof, to which the contract refers shall be
taken into consideration on the question of
whether or not a stipulation limiting the
common carrier's liability is reasonable, just
and in consonance with public policy.
Art. 1752. Even 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. 1753. The 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. 1754. The provisions of Articles 1733 to
1753 shall apply to the passenger's baggage
which is not in his personal custody or in that
of his employee. As to other baggage, the rules
in Articles 1998 and 2000 to 2003 concerning
the responsibility of hotel-keepers shall be
applicable.
SUBSECTION 3. - Safety of Passengers
Art. 1755. 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. 1756. In case of death of or injuries 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 1755.
Art. 1757. The responsibility of a common
carrier for the safety of passengers as required
in Articles 1733 and 1755 cannot be dispensed
with or lessened by stipulation, by the posting
of notices, by statements on tickets, or
otherwise.
Art. 1758. When a passenger is carried
gratuitously, a stipulation limiting the common
carrier's liability for negligence is valid, but not
for wilful acts or gross negligence.
The reduction of fare does not justify any
limitation of the common carrier's liability.
Art. 1759. Common carriers are liable for the
death of or injuries to passengers through the
negligence or wilful acts of the former's
employees, although such employees may
have acted beyond the scope of their authority
or in violation of the orders of the common
carriers.
This 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. 1760. The common carrier's responsibility
prescribed in the preceding article cannot be
eliminated or limited by stipulation, by the
posting of notices, by statements on the tickets
or otherwise.
Art. 1761. The passenger must observe the
diligence of a good father of a family to avoid
injury to himself.
Art. 1762. The contributory negligence of the
passenger does not bar recovery of damages
for his death or injuries, if the proximate cause
thereof is the negligence of the common
carrier, but the amount of damages shall be
equitably reduced.
Art. 1763. A common carrier is responsible for
injuries suffered by a passenger on account of
the wilful acts or negligence of other
passengers or of strangers, if the common
carrier's 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. 1764. Damages in cases comprised in this
Section shall be awarded in accordance with
Title XVIII of this Book, concerning Damages.
Article 2206 shall also apply to the death of a
passenger caused by the breach of contract by
a common carrier.
Art. 1765. The Public Service 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 Section.
Art. 1766. In 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.
CODE OF COMMERCE OF THE
PHILIPPINES
COMMERCIAL CONTRACTS FOR
TRANSPORTATION
ARTICLE 349. A contract of transportation by
land or water ways of any kind shall be
considered commercial:
1. When it has for its object merchandise or
any article of commerce.
2. When, whatever its object may be, the
carrier is a merchant or is habitually engaged
in transportation for the public.
SIR: practically all are commercial.
C of C is applicable to any commercial
transaction/ general application-- but it just
happened that CC is in existence which has
preferential appli.
Sir: obli of CC
1. EO diligence
2. Deliver without delay
3. Not to deviate
4. Deliver in the same condi as received
5. L, D, D
ARTICLE 350. The shipper as well as the
carrier of merchandise or goods may mutually
demand that a bill of lading be made, stating:
1. The name, surname and residence of the
shipper.
2. The name, surname and residence of the
carrier.
3. The name, surname and residence of the
person to whom or to whose order the goods
are to be sent or whether they are to be
delivered to the bearer of said bill.
4. The description of the goods, with a
statement of their kind, of their weight, and of
the external marks or signs of the packages in
which they are contained.
5. The cost of transportation.
6. The date on which shipment is made.
7. The place of delivery to the carrier.
8. The place and the time at which delivery
to the consignee shall be made.
9. The indemnity to be paid by the carrier in
case of delay, if there should be any
agreement on this matter.
SIR:
TICKET BoL
Refers to Refers to Cargo,
passenger- covers container vans
also baggage ( in tons)
(small items)
ARTICLE 351. In transportation made by
railroads or other enterprises subject to
regulation rate and time schedules, it shall be
sufficient for the bills of lading or the
declaration of shipment furnished by the
shipper to refer, with respect to the cost, time
and special conditions of the carriage, to the
schedules and regulations the application of
which he requests; and if the shipper does not
determine the schedule, the carrier must apply
the rate of those which appear to be the lowest,
with the conditions inherent thereto, always
including a statement or reference to in the bill
of lading which he delivers to the shipper.
ARTICLE 352. The bills of lading, or tickets
in cases of transportation of passengers, may
be diverse, some for persons and others for
baggage; but all of them shall bear the name
of the carrier, the date of shipment, the points
of departure and arrival, the cost, and, with
respect to the baggage, the number and
weight of the packages, with such other
manifestations which may be considered
necessary for their easy identification.
ARTICLE 353. The legal evidence of the
contract between the shipper and the carrier
shall be the bills of lading, by the contents of
which the disputes which may arise regarding
their execution and performance shall be
decided, no exceptions being admissible other
than those of falsity and material error in the
drafting.
After the contract has been complied with, the
bill of lading which the carrier has issued shall
be returned to him, and by virtue of the
exchange of this title with the thing transported,
the respective obligations and actions shall be
considered cancelled, unless in the same act
the claim which the parties may wish to reserve
be reduced to writing, with the exception of that
provided for in Article 366.
In case the consignee, upon receiving the
goods, cannot return the bill of lading
subscribed by the carrier, because of its loss
or of any other cause, he must give the latter a
receipt for the goods delivered, this receipt
producing the same effects as the return of the
bill of lading.
ARTICLE 354. In the absence of a bill of
lading, disputes shall be determined by the
legal proofs which the parties may present in
support of their respective claims, according to
the general provisions established in this Code
for commercial contracts.
ARTICLE 355. The responsibility of the
carrier shall commence from the moment he
receives the merchandise, personally or
through a person charged for the purpose, at
the place indicated for receiving them.
ARTICLE 356. Carriers may refuse packages
which appear unfit for transportation; and if the
carriage is to be made by railway, and the
shipment is insisted upon, the company shall
transport them, being exempt from all
responsibility if its objections, is made to
appear in the bill of lading.
Sir : if insists—execute agreement – free
from liability ( BoL) in case of L,D,D of
cargo.;
ARTICLE 357. If by reason of well-founded
suspicion of falsity in the declaration as to the
contents of a package the carrier should
decide to examine it, he shall proceed with his
investigation in the presence of witnesses, with
the shipper or consignee in attendance.
If the shipper or consignee who has to be cited
does not attend, the examination shall be
made before a notary, who shall prepare a
memorandum of the result of the investigation,
for such purposes as may be proper.
If the declaration of the shipper should be true,
the expense occasioned by the examination
and that of carefully repacking the packages
shall be for the account of the carrier and in a
contrary case for the account of the shipper.
ARTICLE 358. If there is no period fixed for
the delivery of the goods the carrier shall be
bound to forward them in the first shipment of
the same or similar goods which he may make
point where he must deliver them; and should
he not do so, the damages caused by the delay
should be for his account.
Sir: responsibility of carrier –
1) Transport within reasonable time.
2) CC cannot change the route. ( there
is established route)
Except force majeure. If CC deviates
a. Must select shortest route
b. Select the least expensive route
c. And practically passable.
ARTICLE 359. If there is an agreement
between the shipper and the carrier as to the
road over which the conveyance is to be made,
the carrier may not change the route, unless it
be by reason of force majeure; and should he
do so without this cause, he shall be liable for
all the losses which the goods he transports
may suffer from any other cause, beside
paying the sum which may have been
stipulated for such case.
When on account of said cause of force
majeure, the carrier had to take another route
which produced an increase in transportation
charges, he shall be reimbursed for such
increase upon formal proof thereof.
ARTICLE 360. The shipper, without changing
the place where the delivery is to be made,
may change the consignment of the goods
which he delivered to the carrier, provided that
at the time of ordering the change of consignee
the bill of lading signed by the carrier, if one
has been issued, be returned to him, in
exchange for another wherein the novation of
the contract appears.
The expenses which this change of
consignment occasions shall be for the
account of the shipper.
ARTICLE 361. [The merchandise shall be
transported at the risk and venture of the
shipper, if the contrary has not been expressly
stipulated.
As a consequence, all the losses and
deteriorations which the goods may suffer
during the transportation by reason of
fortuitous event, force majeure, or the inherent
nature and defect of the goods, shall be for the
account and risk of the shipper. cdta
Proof of these accidents is incumbent upon the 2. 365 goods are rendered useless for
carrier.] sale and consumption for the
purposes for which they are properly
ARTICLE 362. Nevertheless, the carrier shall destined
be liable for the losses and damages resulting
from the causes mentioned in the preceding Remedy: abandonement
article if it is proved, as against him, that they
arose through his negligence or by reason of Abandonment conversion
his having failed to take the precautions which Loss, damage, NOT
usage has established among careful persons, destruction, NECESSARY
unless the shipper has committed fraud in the deteriaration is As long as there is
bill of lading, representing the goods to be of a NECESSARY delay ( the goods
kind or quality different from what they really may still be
were. DELAY not delivered in good
If, notwithstanding the precautions referred to necessary condition but the
in this article, the goods transported run the remedy is availed
risk of being lost, on account of their nature or PD when because of delay
by reason of unavoidable accident, there being consignee may
no time for their owners to dispose of them, the claim from CC the Demand-
carrier may proceed to sell them, placing them L, D, D operative act to be
for this purpose at the disposal of the judicial declared in
authority or of the officials designated by 1.If apparent- default.
special provisions. immediately inform Non delivery – is
CC : refusal to deliver
SIR: obli of the CC (363- 267) 2.if not apparent – : failure to deliver
within 24 hours –
ARTICLE 363. Outside of the cases notify the CC. Once conversion
mentioned in the second paragraph of Article If none- barred – is chosen,no more
361, the carrier shall be obliged to deliver the cannot claim any remedy.
goods shipped in the same condition in which, L,D,D
according to the bill of lading, they were found (not a prescriptive If partial delivery
at the time they were received, without any period- it’s a and the consignee
damage or impairment, and failing to do so, to condition received despite
pay the value which those not delivered may precedent- comply delay, no more
have at the point and at the time at which their first before you conversion
delivery should have been made. claim.)
If those not delivered form part of the goods PECULIAR!!! No
transported, the consignee may refuse to recovery
receive the latter, when he proves that he FOREVER!!!
cannot make use of them independently of the 24 hours- counted
others. from receipt. (
366)
Sir: consignee may refuse Value of the goods
on the DAY THE Value of the
1. 363 partial delivery- Cannot be used ABNDONEMNT goods at the day
independently/ useless without other HAPPENED of supposed
parts. delivery
 Both instead of
goods –cash
ARTICLE 364. If the effect of the damage
referred to in Article 361 is merely a diminution
in the value of the goods, the obligation of the
carrier shall be reduced to the payment of the
amount which, in the judgment of experts,
constitutes such difference in value.
REDUCED-
ARTICLE 365. If, in consequence of the
damage, the goods are rendered useless for
sale and consumption for the purposes for
which they are properly destined, the
consignee shall not be bound to receive them,
and he may have them in the hands of the
carrier, demanding of the latter their value at
the current price on that day.
If among the damaged goods there should be
some pieces in good condition and without any
defect, the foregoing provision shall be
applicable with respect to those damaged and
the consignee shall receive those which are
sound, this segregation to be made by distinct
and separate pieces and without dividing a
single object, unless the consignee proves the
impossibility of conveniently making use of
them in this form.
The same rule shall be applied to merchandise
in bales or packages, separating those parcels
which appear sound.
ARTICLE 366. Within the twenty-four hours
following the receipt of the merchandise, the
claim against the carrier for damage or
average be found therein upon opening the
packages, may be made, provided that the
indications of the damage or average which
gives rise to the claim cannot be ascertained
from the outside part of such packages, in
which case the claim shall be admitted only at
the time of receipt.
After the periods mentioned have elapsed, or
the transportation charges have been paid, no
claim shall be admitted against the carrier with
regard to the condition in which the goods
transported were delivered.
ARTICLE 367. If doubts and disputes should
arise between the consignee and the carrier
with respect to the condition of the goods
transported at the time their delivery to the
former is made, the goods shall be examined
by experts appointed by the parties, and, in
case of disagreement, by a third one appointed
by the judicial authority, the results to be
reduced to writing; and if the interested parties
should not agree with the expert opinion and
they do not settle their differences, the
merchandise shall be deposited in a safe
warehouse by order of the judicial authority,
and they shall exercise their rights in the
manner that may be proper.
ARTICLE 368. The carrier must deliver to the
consignee, without any delay or obstruction,
the goods which he may have received, by the
mere fact of being named in the bill of lading to
receive them; and if he does not do so, he shall
be liable for the damages which may be
caused thereby.
ARTICLE 369. If the consignee cannot be
found at the residence indicated in the bill of
lading, or if he refuses to pay the transportation
charges and expenses, or if he refuses to
receive the goods, the municipal judge, where
there is none of the first instance, shall provide
for their deposit at the disposal of the shipper,
this deposit producing all the effects of delivery
without prejudice to third parties with a better
right.
ARTICLE 370. If a period has been fixed for
the delivery of the goods, it must be made
within such time, and, for failure to do so, the
carrier shall pay the indemnity stipulated in the
bill of lading, neither the shipper nor the
consignee being entitled to anything else.
If no indemnity has been stipulated and the
delay exceeds the time fixed in the bill of
lading, the carrier shall be liable for the
damages which the delay may have caused.
ARTICLE 371. In case of delay through the
fault of the carrier, referred to in the preceding
articles, the consignee may leave the goods
transported in the hands of the former,
advising him thereof in writing before their
arrival at the point of destination.
When this abandonment takes place, the
carrier shall pay the full value of the goods as
if they had been lost or mislaid.
If the abandonment is not made, the
indemnification for losses and damages by
reason of the delay cannot exceed the current
price which the goods transported would have
had on the day and at the place in which they
should have been delivered; this same rule is
to be observed in all other cases in which this
indemnity may be due.
ARTICLE 372. The value of the goods which
the carrier must pay in cases if loss or
misplacement shall be determined in
accordance with that declared in the bill of
lading, the shipper not being allowed to
present proof that among the goods declared
therein there were articles of greater value and
money.
Horses, vehicles, vessels, equipment and all
other principal and accessory means of
transportation shall be especially bound in
favor of the shipper, although with respect to
railroads said liability shall be subordinated to
the provisions of the laws of concession with
respect to the property, and to what this Code
established as to the manner and form of
effecting seizures and attachments against
said companies.
ARTICLE 373. The carrier who makes the
delivery of the merchandise to the consignee
by virtue of combined agreements or services
with other carriers shall assume the obligations
of those who preceded him in the conveyance,
reserving his right to proceed against the latter
if he was not the party directly responsible for
the fault which gave rise to the claim of the
shipper or consignee.
The carrier who makes the delivery shall
likewise acquire all the actions and rights of
those who preceded him in the conveyance.
The shipper and the consignee shall have an
immediate right of action against the carrier
who executed the transportation contract, or
against the other carriers who may have
received the goods transported without
reservation.
However, the reservation made by the latter
shall not relieve them from the responsibilities
which they may have incurred by their own
acts.
ARTICLE 374. The consignees to whom the
shipment was made may not defer the
payment of the expenses and transportation
charges of the goods they receive after the
lapse of twenty-four hours following their
delivery; and in case of delay in this payment,
the carrier may demand the judicial sale of the
goods transported in an amount necessary to
cover the cost of transportation and the
expenses incurred.
ARTICLE 375. The goods transported shall
be especially bound to answer for the cost of
transportation and for the expenses and fees
incurred for them during their conveyance and
until the moment of their delivery.
This special right shall prescribe eight days
after the delivery has been made, and once
prescribed, the carrier shall have no other
action than that corresponding to him as an
ordinary creditor.
ARTICLE 376. The preference of the carrier
to the payment of what is owed him for the
transportation and expenses of the goods
delivered to the consignee shall not be cut off
by the bankruptcy of the latter, provided it is
claimed within the eight days mentioned in the
preceding article.
ARTICLE 377. The carrier shall be liable for
all the consequences which may arise from his
 failure to comply with the formalities prescribed
by the laws and regulations of the public
administration, during the whole course of the
trip and upon arrival at the point of destination,
except when his failure arises from having
been led into error by falsehood on the part of
the shipper in the declaration of the
merchandise. If the carrier has acted by virtue
of a formal order of the shipper or consignee of
the merchandise, both shall become
responsible.
ARTICLE 378. Agents for transportation shall
be obliged to keep a special registry, with the
formalities required by Article 36, in which all
the goods the transportation of which is
undertaken shall be entered in consecutive
order of number and dates, with a statement of
the circumstances required in Article 350 and
others following for the respective bills of
lading.
ARTICLE 379. The provisions contained in
Articles 349 and following shall be understood
as equally applicable to those who, although
they do not personally effect the transportation
of the merchandise, contract to do so through
others, either as contractors for a particular
and definite operation, or as agents for
transportations and conveyances.
In either case they shall be subrogated in the
place of the carriers themselves, with respect
to the obligations and responsibility of the
latter, as well as with regard to their rights.
"Public use" is the same as "use by the public".
The essential feature of the public use is not
confined to privileged individuals, but is open to
the indefinite public. It is this indefinite or
unrestricted quality that gives it its public
character. In determining whether a use is public,
we must look not only to the character of the
business to be done, but also to the proposed
mode of doing it. If the use is merely optional with
the owners, or the public benefit is merely
incidental, it is not a public use, authorizing the
exercise of the jurisdiction of the public utility
commission. There must be, in general, a right
which the law compels the owner to give to the
general public. It is not enough that the general
prosperity of the public is promoted. Public use is
not synonymous with public interest. The true
criterion by which to judge the character of the
use is whether the public may enjoy it by right or
only by permission.
The common carrier’s standard of care and
vigilance as to the safety of the passengers is
defined by law. Given the nature of the business
and for reasons of public policy, the common
carrier is 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."22 Article 1755 of the Civil Code specifies
that the common carrier should "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." To successfully fend off
liability in an action upon the death or injury to a
passenger, the common carrier must prove his or
its observance of that extraordinary diligence;
otherwise, the legal presumption that he or it was
at fault or acted negligently would stand.23 No
device, whether by stipulation, posting of notices,
statements on tickets, or otherwise, may
dispense with or lessen the responsibility of the
common carrier as defined under Article 1755 of
the Civil Code.
DE GUZMAN CASE..
The Civil Code defines "common carriers" in the
following terms:
Article 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.
The above article makes no distinction
a. between one whose principal business
activity is the carrying of persons or
 goods or both and one who does such ... every person that now or hereafter may own,
carrying only as an ancillary activity (in operate, manage, or control in the Philippines, for
local Idiom as "a sideline"). hire or compensation, with general or limited
b. Article 1732 also carefully avoids making clientele, whether permanent, occasional or
any distinction between a person or accidental, and done for general business
enterprise offering transportation service purposes, any common carrier, railroad, street
on a regular or scheduled basis and one railway, traction railway, subway motor vehicle,
offering such service on an occasional, either for freight or passenger, or both, with or
episodic or unscheduled basis. without fixed route and whatever may be its
c. Neither does Article 1732 distinguish classification, freight or carrier service of any
between a carrier offering its services to class, express service, steamboat, or steamship
the "general public," i.e., the general line, pontines, ferries and water craft, engaged in
community or population, and one who the transportation of passengers or freight or
offers services or solicits business only both, shipyard, marine repair shop, wharf or dock,
from a narrow segment of the general ice plant, ice-refrigeration plant, canal, irrigation
population. So understood, the concept system, gas, electric light, heat and power, water
of "common carrier" under supply and power petroleum, sewerage system,
wire or wireless communications systems, wire or
Book wireless broadcasting stations and other similar
public services. ... (Emphasis supplied)
d. A person or entity is a CC and has the
oblis under the CCode even if he did not
secure a CPC.
e. The CC makes no distinction as to
means of transporting, as long as it is by
LWA.
f. The CCode doesn’t provide that the
transpo should be by motor vehicle.
g. A person or entity maybe a CC even if he
has no fixed and publicly known rout,
maintains no terminals and issues no
tickets.
h. A person or entity need not be engaged
in the business of public transpo for the
provisions of the CCode on CCs to apply
to them.
i. The Carrier can be a CC even if the
operator does not own the vehicle or
vessel that he/she operates.

Article 1732 may be seen to coincide neatly

with the notion of "public service," under the
Public Service Act (Commonwealth Act No.
1416, as amended) which at least partially
supplements the law on common carriers
set forth in the Civil Code. Under Section 13,
paragraph (b) of the Public Service Act,
"public service" includes: