Text of the provision
Art. 1742. Even if the loss, destruction, or deterioration of the goods should be caused by the character of the goods, or the faulty nature of the packing or of the containers, the common carrier must exercise due diligence to forestall or lessen the loss.
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Even where loss is caused by the character of the goods or faulty packing/containers, the carrier must still exercise due diligence to forestall or lessen the loss.
Related provisions
- Article 1741 — Shipper's Contributory Negligence.
- Article 1743 — Seizure by Public Authority.
Cases citing this article
- Unitrans International Forwarders, Inc. vs. Insurance Company of North America, et al, G.R. No. 203865, March 13, 2019 — read the decision on LawPhil →
- Iron Bulk Shipping Philippines, Co., Ltd., vs. Remington Industrial Sales Corporation, G.R. No. 136960, December 8, 2003 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.