GLENN KIRBY A.

GERMAN
JD III – Liceo de Cagayan University College of Law
Law on Transportation

A. Defenses of the Common Carrier for the loss, destruction or

deterioration of the goods.

Defense Exceptions (if any)

i. Flood, storm, In order for the common carrier to be exempted from
earthquake, lightning, responsibility, the natural disaster must have been the
or other natural proximate and only cause of the loss. However, the
disaster or calamity; 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.

Even in cases where a natural disaster is the proximate

and only cause of the loss, a common carrier is still
required to exercise due diligence to prevent or minimize
loss before, during and after the occurrence of the
natural disaster, for it to be exempt from liability under
the law for the loss of the goods. (The Philippine
American General Insurance Co., Inc. vs. MCG
Marine Services, Inc., and Doroteo Gaerland, No.
135645, March 8, 2005)
ii. Act of the public Common carriers may be exempted from responsibility
enemy in war, only if the act of the public enemy has been the
whether international proximate and only cause of the loss. Moreover, due
or civil; diligence must be exercised to prevent or at least
minimize the loss before, during and after the
performance of the act of the public enemy in order that
the carrier may be exempted from liability for the loss,
destruction, or deterioration of the goods.
iii. Act or omission of the
shipper or owner of
the goods;
iv. The character of the If the carrier accepted the goods knowing the fact of
goods or defects in improper packing or even if the carrier does not know
the packing or in the but the defect was nonetheless apparent upon ordinary
containers; observation, it is not relieved from liability for loss, injury
to goods resulting therefrom.

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GLENN KIRBY A. GERMAN
JD III – Liceo de Cagayan University College of Law
Law on Transportation

Article 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.

There must be proof that the defect in the package

already existed at the time the carrier accepted the
same.c
v. Order or act of Common carrier is liable if public authority has:
competent public 1. No authority to issue the subject order; or
authority; and 2. Exceeded his authority.
vi. Exercise of
extraordinary
diligence.

B. Defenses in Carriage of Passengers

Defense Exceptions (if any)

i. Exercise of Article 1763. A common carrier is responsible for
extraordinary or utmost injuries suffered by a passenger on account of the
diligence; willful 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.

Article 1759. Common carriers are liable for the death

of or injuries to passengers through the negligence or
willful 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.

Even if the carrier is responsible for the loss or injury,

the passenger is also required to lessen the damage
or injury under what is known as the Doctrine of
Avoidable Consequences.j

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GLENN KIRBY A. GERMAN
JD III – Liceo de Cagayan University College of Law
Law on Transportation

ii. Flood, storm, Article 1763. A common carrier is responsible for

earthquake, lightning, injuries suffered by a passenger on account of the
or other natural willful acts or negligence of other passengers or of
disaster or calamity; 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.

The above provision applies to cases involving

fortuitous events because the carrier will still be
responsible if it did not exercise due diligence in
preventing the injury or death of the employee.
iii. Act of the public enemy
in war, whether
international or civil;
iv. Act or omission of the Article 1741. If the shipper or owner merely contributed
passenger; 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.
v. Order or act of
competent public
authority; and
vi. Limited Stipulations The carrier can also, in proper cases, invoke a partial
defense in the form of a limiting stipulations.

As a defense, the carrier will claim that the liability, if

any, is not for the full amount that the shipper or owner
is claiming but only up to the maximum amount fixed
under the contract.

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