Common Carriers

A common carrier is a person, whether juridical or natural, who is engaged in the business of transporting passengers and/or goods by land, sea or air; these services are offered to the public for a fee. Basically, we're talking about airline, shipping, bus, train, etc. companies. A common carrier is required to exercise extraordinary diligence in performing its services and is obliged to render such services to those who avail of them. Private carriers, on the other hand, are free to select their customers and are to observe ordinary diligence only.

Take note, however, that the Civil Code's view of a common carrier doesn't distinguish between an entity offering its services on a regular or irregular basis, or if its services are for the general public or just a segment of it (Fabre vs. CA, 259 SCRA 246.) Because of this, a public carrier can become a private one if it is chartered by a certain group to go on a specific trip. The opposite can also happen.

Liability of common carriers is primarily governed by the Civil Code; in case of matters it doesn't cover, other laws (Code of Commerce, Carriage of Goods by Sea Act, etc.) come into the picture. Under the Civil Code (Art. 1784,) a common carrier isn't liable in any of the following instances:

1.) Natural disasters

2.) Acts of the enemy in wartime, whether civil or with a foreign power

3.) Acts/omissions of the shipper/owner of the goods

4.) Character of the goods (such as in packing defects)

5.) Acts of competent public authority