Short answer. When the Civil Code does not cover a matter involving a common carrier, Article 1766 directs that the rights and obligations of common carriers are governed by the Code of Commerce and by special laws. These two sources fill any gap the Civil Code leaves and together form the complete legal framework for common carrier obligations.
What the law says
In all matters not regulated by this Code, the rights and obligations of common carriers shall be governed by the Code of Commerce and by special laws.
Civil Code, Article 1766 — Common Carriers Are Governed Suppletorily by the Code of Commerce. Read the full provision →
The Civil Code comes first, then supplementary law
The Civil Code is the primary source of law on common carriers in the Philippines. It sets out the basic duties: the carrier's extraordinary diligence obligation, liability for loss or damage to goods or passengers, the limited circumstances where liability can be reduced, and related rules. But the Civil Code does not cover every situation. Article 1766 addresses this gap directly: "In all matters not regulated by this Code, the rights and obligations of common carriers shall be governed by the Code of Commerce and by special laws." Think of it as a layered system — Civil Code first, supplementary sources after.
The Code of Commerce
The Code of Commerce, a Spanish-era commercial code still in force in the Philippines, contains detailed provisions on maritime commerce, carriage of goods by sea, and other commercial transport matters. It addresses topics such as bills of lading, the duties of consignors and consignees, cargo claims, and the conduct of ship captains and owners. Where a dispute involves carriage by sea or a commercial transport matter that the Civil Code leaves unaddressed, the Code of Commerce provides the rules that govern. Its provisions are supplementary — they do not displace Civil Code provisions that already exist.
Special laws that apply to carriers
Beyond the Code of Commerce, various special laws govern specific modes of transport or specific carrier obligations. Legislation covering air transport, land transportation, the authority and regulation of public utilities, safety standards, and consumer protection all potentially bear on carrier obligations in particular contexts. The exact special law that applies depends on the mode of transport, the nature of the goods or passengers involved, and the specific issue in dispute. Article 1766 does not enumerate these laws — it simply directs that they apply to the extent the Civil Code does not cover the matter.
How to approach a gap in the Civil Code
If you are dealing with a carrier dispute and the Civil Code does not clearly govern the specific point — for example, a question about the carrier's liability after unloading, a dispute over the contents of a bill of lading, or a claim arising from damage during a sea voyage — start with the Civil Code provisions to see if they apply by analogy or in principle. If they do not reach the specific issue, look next to the Code of Commerce, particularly its chapters on maritime commerce and carriage. If the matter involves a specific regulated industry or mode of transport, the relevant special law for that sector may have the most precise rule. None of these sources is invoked in isolation.