Text of the provision
Art. 1744. A stipulation between the common carrier and the shipper or owner limiting the liability of the former for the loss, destruction, or deterioration of the goods to a degree less than extraordinary diligence shall be valid, provided it be:
(1) In writing, signed by the shipper or owner;
(2) Supported by a valuable consideration other than the service rendered by the common carrier; and
(3) Reasonable, just and not contrary to public policy.
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
A stipulation limiting the carrier's liability to less than extraordinary diligence is valid only if it is in writing and signed, supported by valuable consideration beyond the carriage, and reasonable, just, and not against public policy.
Related provisions
- Article 1743 — Seizure by Public Authority.
- Article 1745 — Void Stipulations.
Cases citing this article
- Valenzuela Hardwood and Industrial Supply, Inc. vs. Court of Appeals, et al, G.R. No. 102316, June 30, 1997 — 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.