Text of the provision
Art. 1745. Any of the following or similar stipulations shall be considered unreasonable, unjust and contrary to public policy:
(1) That the goods are transported at the risk of the owner or shipper;
(2) That the common carrier will not be liable for any loss, destruction, or deterioration of the goods;
(3) That the common carrier need not observe any diligence in the custody of the goods;
(4) That the common carrier shall exercise a degree of diligence less than that of a good father of a family, or of a man of ordinary prudence in the vigilance over the movables transported;
(5) That the common carrier shall not be responsible for the acts or omission of his or its employees;
(6) That the common carrier's liability for acts committed by thieves, or of robbers who do not act with grave or irresistible threat, violence or force, is dispensed with or diminished;
(7) That the common carrier is not responsible for the loss, destruction, or deterioration of goods on account of the defective condition of the car, vehicle, ship, airplane or other equipment used in the contract of carriage.
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
Certain stipulations are void as unreasonable and against public policy — e.g., that goods travel at the owner's risk, that the carrier is not liable at all, need observe no diligence, or is not responsible for its employees' acts or for its equipment's defects. These may not be contracted away.
Related provisions
- Article 1744 — Valid Limitation of Liability.
- Article 1746 — Coerced Limitation Annullable.
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 →
- Torres-Madrid Brokerage, Inc. vs. FEB Mitsu Marine Insurance Co., Inc. and Benjamin P. Manalastas, G.R. No. 194121, July 11, 2016 — read the decision on LawPhil →
- Loadstar Shipping Company Inc., et al. vs. Malayan Insurance Company, Inc, G.R. No. 185565, November 26, 2014 — read the decision on LawPhil →
- Cebu Salvage Corp. vs. Phil. Harne Assurance Corp, G.R. No. 150403, January 25, 2007 — 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.