The law obliges the common carrier to exercise extraordinary diligence in transporting of goods.

However, it does not mean that the common carrier will be an insurer to all that may happen.

5 instances to avoid liability. + 1

1. Fortuitous Events
2. Acts of Public Enemy
3. Negligence of the owner of the goods himself/shipper
4. Character of the goods or defects in the packaging of the owner
5. Order or act of Public Authority
6. Exercise of Extraordinary Diligence

May the carrier and shipper stipulate to a lesser degree of diligence?

Yes. The law allows it under the following conditions(Art.1744):

1. Must be in writing and signed by both parties

2. Must be supported by a consideration other than the promise to transport
a. The other consideration may be the promise of the carrier to give a discounted fare
3. Not lower than a diligence of a good father

*Highest standard is utmost diligence

*lowest standard is the diligence of good father of family; ordinary diligence.