2. Extraordinary Diligence

2. Diligence Required

Diligence Required

Civil Code, Article 1733¹

Article 1733.² 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 1734³, 1735⁴, and 1745⁵, Nos. 5, 6, and 7, while the extraordinary diligence for the safety of the passengers is further set forth in articles 1755⁶ and 1756⁷.

Extraordinary Diligence or Responsibility of Common Carriers Regarding Passengers and Goods

Common carriers are required to exercise extraordinary diligence both over the goods and over the safety of the passengers they are transporting, according to all the circumstances of each case. (Civil Code, Art. 1733)⁸

The Common Carrier Is Not an Insurer of Absolute Safety

The common carrier is not required to exercise all the care, skill, or diligence the human mind can conceive nor does it free the passenger from all possible risks. (Japan Airlines v. Court of Appeals Enrique Agana, G.R. No. 118664, 7 August 1998)⁹