● 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. 1755, Civil Code]
In a contract of carriage, it is presumed that the common carrier is at fault or is negligent when a passenger dies or is injured. [Art. 1756, Civil Code] In fact, there is even no need for the court to make an express finding of fault or negligence on the part of the common carrier. This statutory presumption may only be overcome by evidence that the carrier exercised extraordinary diligence. (Diaz v. CA, GR NO. 149749, Jul 25, 2006)
● Common carriers are bound to observe extraordinary diligence in the vigilance over the goods transported by them. They are presumed to have been at fault or to have acted negligently if the goods are lost, destroyed or deteriorated. (Asia Lighterage v. CA, GR No. 147246, Aug 19, 2003)
Degree of diligence required; Presumption of fault or negligence
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