Short answer. Extraordinary diligence — the highest standard the Civil Code imposes on anyone. Article 1733 requires it both in the vigilance over goods and for the safety of passengers, and it is owed because of the nature of the business and public policy, not because the ticket says so.
What the law says
bound to observe extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them, according to all the circumstances of each case
Civil Code, Article 1733 — Extraordinary Diligence Required. Read the full provision →
What the law says
cannot be dispensed with or lessened by stipulation, by the posting of notices, by statements on tickets, or otherwise
Civil Code, Article 1757 — Duty to Passengers Cannot Be Waived. Read the full provision →
Extraordinary, not reasonable, care
Most of the Civil Code asks a person to act as a good father of a family would — ordinary prudence. Carriers are held higher. Article 1733 says they are bound to observe extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them, according to all the circumstances of each case. The closing words matter as much as the phrase they qualify. What extraordinary diligence requires of a provincial bus on a mountain road at night is not what it requires of a ferry in port, so the standard is applied to the actual conditions of the trip.
For passengers the wording is stricter still
Article 1755 spells out the passenger side: a carrier must carry passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons. That is close to, though not quite, a promise of safe arrival. It covers more than driving. Roadworthiness, brakes and tyres, the fitness and hours of the driver, overloading, the condition of doors and railings, and how passengers board and alight have all been treated as part of what the carrier must attend to.
The notice printed on your ticket does not lower it
Bus tickets and bills of lading routinely carry lines disclaiming responsibility for accidents, injuries or personal effects. For passenger safety, Article 1757 answers them directly: the duty cannot be dispensed with or lessened by stipulation, by the posting of notices, by statements on tickets, or otherwise. Buying the ticket is not agreeing to the disclaimer, because the disclaimer is void as to that duty. Cargo stands a little differently — the Code permits some limits on liability for goods — but even there the concession is narrow and hedged with conditions.
Why this matters the moment something goes wrong
The practical payoff of the standard is where the burden falls. Because extraordinary diligence is presumed to have been withheld when a passenger is injured or cargo is lost, the injured party does not open by proving the carrier was careless; the carrier opens by proving it was not. So the evidence that decides these cases is largely the carrier's own — trip records, maintenance logs, driver records, the manifest. Preserve your ticket, receipt or bill of lading, and report the incident to the carrier in writing while those records still exist.
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.
- G.V. Florida Transport, Inc. vs. Heirs of Romeo L. Battung, Jr., represented by Romeo Battung, Sr, G.R. No. 208802, October 14, 2015 — read the decision on LawPhil →
- KLM Royal Dutch Airlines vs. Dr. Jose M. Tiongco, G.R. No. 212136, October 4, 2021 — read the decision on LawPhil →
- Kuwait Airways Corporation vs. The Tokio Marine and Fire Insurance Co., Ltd., and Tokio, G.R. No. 213931, November 17, 2021 — read the decision on LawPhil →
- C.V. Gaspar Salvage & Lighterage Corporation vs. LG Insurance Company, Ltd., (United States Branch), G.R. No. 206892 / G.R. No. 207035, February 3, 2021 — read the decision on LawPhil →
Related provisions
- Civil Code, Article 1733 — Extraordinary Diligence Required
- Civil Code, Article 1755 — Utmost Diligence for Passengers
- Civil Code, Article 1757 — Duty to Passengers Cannot Be Waived