Short answer. Yes. The Civil Code provides that the common carrier's duty to observe extraordinary diligence over the goods remains in full force and effect even when they are temporarily unloaded or stored in transit. A temporary offloading does not suspend or reduce the carrier's responsibility — the duty continues until proper delivery.
What the law says
The common carrier's duty to observe extraordinary diligence over the goods remains in full force and effect even when they are temporarily unloaded or stored in transit, unless the shipper or owner has made use of the right of stoppage in transitu.
Civil Code, Article 1737 — Diligence During Temporary Unloading. Read the full provision →
Why the duty continues during an offloading
A shipment's physical journey often involves multiple legs — goods may be transferred between vessels, stored in a port warehouse while waiting for a connecting ship, or offloaded briefly due to vessel scheduling. Article 1737 makes clear that these interruptions do not create gaps in the carrier's responsibility. The extraordinary diligence standard — the highest standard of care that Philippine law imposes on common carriers — remains in full effect the entire time the goods are in the carrier's custody, whether the goods are moving or temporarily at rest.
The one exception: stoppage in transit
Article 1737 carves out a single exception: when the shipper or owner of the goods has exercised the right of stoppage in transitu — the right of an unpaid seller to reclaim goods while they are still in transit. In that event, the carrier's extraordinary duty does not apply in the same way, because the goods are effectively back under the seller's control rather than proceeding to the original buyer. This exception is narrow and specific. If you did not exercise stoppage in transit, the exception does not apply to your situation, and the carrier's full duty remained in place during the temporary storage.
What "extraordinary diligence" requires
Philippine law holds common carriers to an unusually high standard. Extraordinary diligence means the carrier must do everything that human care and foresight can provide to protect the goods. This includes securing proper storage facilities, ensuring the goods are not exposed to weather, theft, or damage while offloaded, and monitoring their condition throughout any pause in transit. Saying that goods were temporarily stored at a third-party port facility does not automatically relieve the carrier — the carrier is responsible for choosing a reliable storage facility and for overseeing the goods while they rest there.
How to approach a claim for loss during offloading
If your goods were lost or damaged while temporarily offloaded, gather your documentation: the bill of lading, the carrier's records of when goods were offloaded and where, warehouse or port receipts, any inspection reports, and evidence of the goods' condition before and after. The carrier will likely argue that a specific exempting cause applies — for example, that the loss resulted from an act of God, inherent defect in the goods, or acts of the shipper. Under Philippine law, the carrier bears the burden of proving one of those specific exemptions. Absent proof of an exemption, the presumption of negligence runs against the carrier.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- The Union Insurance Society of Canton vs. Court of Appeals, et al, G.R. No. 100319, August 8, 1996 — read the decision on LawPhil →