Dear PAO,

My fiancé suffered serious physical injuries while he was on a public plane. In an action by my fiancé against the airline, the latter claimed that there was a stipulation in the ticket issued to him absolutely exempting the common carrier from liability involving the passenger’s death or injuries. They added that notices are posted about it. Can they really use the said defense?

Kristel

Dear Kristel,

Under Article 1732 of the New Civil Code of the Philippines, a common carrier is defined as:

“Article 1732. Common carriers are persons, corporations, firms or associations engaged in the business of carrying or transporting passengers or goods or both, by land, water, or air, for compensation, offering their services to the public.”

This means that any entity offering public transport services for a fee — whether it’s a major airline, a ferry company, or even a bus operator — qualifies as a common carrier and is subject to special obligations under the law.

Due to the nature of their business and the public interest involved, common carriers are required to exercise extraordinary diligence in ensuring the safety of their passengers. This is stricter than the usual “reasonable care” standard in regular contracts. This duty starts from the moment the passenger boards until they safely alight at their destination.

Extraordinary diligence for the safety of passengers is enshrined in Articles 1733 and 1755 of the said Code, to wit:

“Article 1733. Common carriers, from the nature of their business and for reasons of public policy, 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.

“Article 1755. A common carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with a due regard for all the circumstances.”

A common carrier cannot waive or limit its liability for injuries or death of passengers due to negligence, even if a contract or notice says otherwise. Our laws ensure that passengers are not misled by disclaimers of liability and that common carriers are held to higher safety standards. This is expressly stated in Article 1757 of the same Code, which states:

“Article 1757. The responsibility of a common carrier for the safety of passengers as required in articles 1733 and 1755 cannot be dispensed with or lessened by stipulation, by the posting of notices, by statements on tickets, or otherwise.”

In the situation of your fiancé, the claim of the airline company that there is a stipulation in the ticket issued to him absolutely exempting it from liability in case of passenger’s death or injuries, and there are notices posted about it, is not a valid defense because it is clear from the above-mentioned provisions of law that the responsibility of a common carrier for the safety of passengers cannot be dispensed with or lessened by stipulation, by posting of notices, by statements on tickets, or otherwise.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]