- Statute
- Civil Code
- Article
- Art. 1763
- 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
- A Supreme Court decision
The provision
A common carrier is responsible for injuries suffered by a passenger on account of the wilful acts or negligence of other passengers or of strangers, if the common carrier's employees through the exercise of the diligence of a good father of a family could have prevented or stopped the act or omission.
Intellegal Wiki · In plain terms
A common carrier is liable for injuries a passenger suffers from the wilful acts or negligence of fellow passengers or of strangers, but only when the carrier's employees, by exercising the diligence of a good father of a family, could have prevented or stopped the harmful act or omission.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In G.V. Florida Transport v. Heirs of Romeo L. Battung, Jr., the Supreme Court held: Reversed and dismissed the complaint, holding a common carrier owes only the diligence of a good father of a family under Article 1763 for a co-passenger's act and was not negligent absent suspicious circumstances.
One leading Supreme Court case applying this provision.
Cases applying this article
- G.V. Florida Transport v. Heirs of Romeo L. Battung, Jr. G.R. No. 208802