- Statute
- Civil Code
- Article
- Art. 1759
- 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
Common carriers are liable for the death of or injuries to passengers through the negligence or wilful acts of the former's employees, although such employees may have acted beyond the scope of their authority or in violation of the orders of the common carriers. This liability of the common carriers does not cease upon proof that they exercised all the diligence of a good father of a family in the selection and supervision of their employees.
Intellegal Wiki · In plain terms
Makes common carriers liable for the death of or injury to passengers caused by the negligence or even deliberate wrongful acts of the carrier's own employees — even if those employees acted outside their authority or against the carrier's orders. The carrier cannot escape this liability by proving it was careful in selecting and supervising its staff.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In R Transport Corporation v. Eduardo Pante, the Supreme Court held: Affirmed the CA, holding that a common carrier is bound to extraordinary diligence (Arts. 1733, 1755, 1756) and remains liable for its driver's negligence under Article 1759 even if it proved diligence in the selection and supervision of employees, and sustaining the actual, moral, and exemplary damages awarded.
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