- Statute
- Civil Code
- Article
- Art. 1756
- Topic
- Work and Labor
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE VIII LEASE
- Chapter
- CHAPTER 3 Work and Labor
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
In case of death of or injuries to passengers, common carriers are presumed to have been at fault or to have acted negligently, unless they prove that they observed extraordinary diligence as prescribed in articles 1733 and 1755.
Intellegal Wiki · In plain terms
When a passenger is killed or injured, the law presumes the common carrier was at fault or negligent. To escape liability the carrier must prove it exercised extraordinary diligence, so the burden falls on the carrier rather than on the passenger to prove negligence.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Wg&A Shipping Lines v. Spouses Luis, the Supreme Court held: Affirmed with modified damages; the common carrier failed to overcome the presumption of negligence under Article 1756, and its wanton conduct justified raising moral and exemplary damages to P3,000,000 each.
One leading Supreme Court case applying this provision.
Cases applying this article
- R Transport Corporation v. Eduardo Pante G.R. No. 162104
- Wg&A Shipping Lines v. Spouses Luis G.R. No. 225975
- Sulpicio Lines v. Napoleon Sesante G.R. No. 172682
- G.V. Florida Transport v. Heirs of Romeo L. Battung, Jr. G.R. No. 208802
- Cleofe Velez v. Maximo Balzarza G.R. No. 48389
- Hilario Mejica v. Alberto Yanoc G.R. No. 224960
- Jose Sanico v. Werherlina P. Colipano G.R. No. 209969
- Herminio Mariano, Jr. v. Ildefonso C. Callejas G.R. No. 166640