Safety of Passengers: Common Carriers Under Philippine Mercantile and Taxation Law

Under Philippine law, common carriers are obligated to ensure the safety of their passengers with a very high degree of diligence. This duty is codified in the Civil Code of the Philippines (Republic Act No. 386) under Article 1733 to 1753, covering obligations and liabilities related to transportation. Let’s examine this in detail:

I. Legal Duty of Common Carriers

Definition of Common Carriers:
Under Article 1732 of the Civil Code, common carriers are defined as those engaged in the business of transporting goods or passengers for compensation, offering services to the public. This includes various modes of transportation: land, air, and sea, regardless of the frequency or size of the operation.

Standard of Care Required (Extraordinary Diligence):
The duty of common carriers extends beyond ordinary diligence. Article 1733 imposes extraordinary diligence upon common carriers, obliging them to exercise the utmost care and precaution in transporting passengers safely. This includes foresight to prevent foreseeable risks and circumstances that could cause harm.

Article 1755 clearly states:

"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 due regard for all the circumstances."

II. Scope of Liability for Passenger Safety

The responsibility of common carriers for passenger safety is rooted in a presumption of negligence under Article 1756 of the Civil Code. The presumption applies unless the carrier can prove that:

It exercised extraordinary diligence in transporting the passenger.
The injury or harm was due to a fortuitous event or force majeure.

In other words, in the event of an accident or injury, the common carrier is presumed liable unless it can present concrete evidence demonstrating that it exercised the highest level of care or that the incident was genuinely unavoidable.

III. Factors Affecting the Duty of Care

Condition of the Vehicle or Vessel: Common carriers are expected to maintain their vehicles or vessels in a condition fit for safe travel. Regular inspections, maintenance, and compliance with industry standards are necessary to fulfill the standard of extraordinary diligence.
Competence of Personnel: Under Article 1759, common carriers are liable for the negligent or willful acts of their employees. This includes conduct during and outside the scope of their official duties. Hence, carriers must ensure that their drivers, pilots, and other staff are adequately trained, qualified, and equipped to handle emergencies.
Safe Boarding and Disembarking: Carriers must ensure that the process of boarding and disembarking is safe for all passengers, taking precautions to avoid injury during these times. Failure to do so may expose the carrier to liability.
Dangerous Conditions and Foreseeable Hazards: Carriers must anticipate and mitigate foreseeable hazards, including inclement weather, mechanical failure, or hazards on the road or at sea. Failure to address foreseeable risks, such as navigating through dangerous waters or proceeding in unsafe weather, could constitute negligence.

IV. Circumstances Relieving Liability

While common carriers bear a heavy burden of proof to exonerate themselves, there are legally recognized circumstances that relieve them from liability:

Fortuitous Events: If the injury was solely caused by an "act of God" (i.e., natural events beyond human control such as extreme storms or earthquakes), the carrier may not be held liable, provided it took all reasonable precautions in light of the foreseeable risks.
Acts of Public Enemies: Damage or injury caused by acts of public enemies (e.g., war or terrorist activities) can exempt a common carrier from liability.
Passenger Contributory Negligence: Article 1757 provides that when the passenger’s own negligence contributes to the injury, the liability of the common carrier may be reduced or nullified, depending on the degree of contributory negligence.
Prior Waivers Are Void: Article 1757 also invalidates waivers exempting carriers from liability for negligence. Any pre-arranged agreement that limits or waives the liability of the carrier for negligence is void as it contravenes public policy.

V. Damages and Compensation

When a common carrier is found liable for failing to exercise the required level of care, it must compensate the passenger. Damages may cover:

Actual damages (medical costs, lost wages, and repair costs for property damage).
Moral damages (for psychological or emotional harm).
Exemplary damages (punitive in nature, to serve as a deterrent for gross negligence).

In some cases, Philippine courts have allowed damages for loss of earning capacity, especially if the victim was the primary income earner in a family. Additionally, moral damages are awarded when the injury results in physical suffering, mental anguish, or serious anxiety due to the carrier’s negligence.

VI. Case Law Precedents

Several Philippine Supreme Court decisions underscore the strict interpretation of the duty of common carriers:

G.R. No. 164710, G.R. No. 164799 – The Supreme Court emphasized that the carrier’s liability is almost absolute unless it could prove due diligence, especially in passenger injury or death.
G.R. No. 121171 – The Court highlighted that maintenance and training records of carriers are scrutinized to determine if extraordinary diligence was observed.
G.R. No. 152628 – Held that carriers could be liable even for acts of their employees if related to passenger safety, underscoring that liability extends to acts within and beyond the scope of official duties.

VII. Regulatory Oversight

Philippine regulatory agencies, including the Land Transportation Office (LTO), Land Transportation Franchising and Regulatory Board (LTFRB), Maritime Industry Authority (MARINA), and Civil Aviation Authority of the Philippines (CAAP), enforce safety standards for different types of carriers. These agencies set rules that common carriers must follow, including:

Licensing requirements for operators and personnel.
Periodic vehicle and vessel inspections.
Compliance with safety protocols.
Adherence to regulations concerning passenger capacities and load limits.

Failure to comply with these standards could subject the carrier to administrative penalties and sanctions, in addition to civil liabilities.

Summary

The principles governing the safety of passengers in Philippine law place a heavy duty on common carriers to observe extraordinary diligence. This heightened standard reflects the public policy to protect passengers and ensure that transportation services maintain the highest safety standards.