Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
SIXTEENTH CONGRESS

Regular Session

House BillNo. 6508

Introduced by: Rep. EVELIO R, LEONARDIA

EXPLANATORY NOTE

It is embodied in Section 5, Article Il of the Constitution of the Republic of
the Philippines that the protection of life and the promotion of the general
welfare are essential for the enjoyment by all the people of the blessings of
democracy.

The Civil Code of the Philippines, specifically Article 1755, requires
common carriers to carry passengers safely using the diligence of very cautious
persons.

That while there exists a prominent case, and is still considered as a
landmark one -- “La Mallorca vs. CA" (G.R. L-20761, July 27, 1966), which held
that the relation of carrier and passenger does not cease at the moment the
passenger alights from the carrier's vehicle at a place selected by the carrier at
the point of destination, but continues until the passenger has had a reasonable
time or a reasonable opportunity to leave the carrier's premises — the same
doctrinal strictness does not however cover operators or owners of transport
terminals especially those who are operating such terminal independent of the
business of common carrier.

Article 1755 thus needs to be amended to inciude and cover operators or
owners of transport terminals either in the land, air, and/or sea transport to
embody this same manifest intention of the legislature to exercise extra-
ordinary diligence in the care and safety of any person staying in their premises.

Acase in poi that happened on December of 2013
wherein Zamboanga del Sur town Mayor Ukol Talumpa, his wife and 2 others
were killed in an ambush at the arrival area of the Ninoy Aquino International
Airport (NAIA) Terminal 3. Four (4) bystanders were also wounded during the
ambush — Ronda Landagan, Mary Ann Lirazan, and Amalia Lirazan. One of
those killed was a baby, named Diana Uy. They had all come from Bacolod City
and were in the same area where the Talumpa family was. The GSIS, insurer
of the airport, said the NAIA 3 management had adequate security measures
and therefore it does not have to pay for the tragedy. But serious exceptions

would be the



may be taken from such stance of the GSIS, because the responsibility and
accountability of transport terminals like the NAIA 3 were not properly defined
in the context of extra-ordinary diligence.

It is simply ironic that while we require air carriers to exercise extra-ordinary
diligence in the conduct of its business, such that even the faintest suspicion of
malfunction grounds airplanes right away, the same does not seem to apply to
airports, seaports and even bus and train terminals. The Republic of the
Philippines cannot simply just have safe airplanes. We have to have safe
airports, too,

In view of the foregoing, passage of this bill is earnestly ai

REP. EVELIO R. LEONARDIA
Lone District, Bacolod City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Regular Session

6508

House Bill No..

Introduced by: Rep. EVELIO R. LEONARDIA

AN ACT
AMENDING ARTICLE 1755 OF REPUBLIC ACT NO. 386, AS AMENDED,
OTHERWISE KNOWN AS THE CIVIL CODE OF THE PHILIPPINES TO
INCLUDE AND COVER OPERATORS AND/OR OWNERS OF TRANSPORT
TERMINALS IN THEIR EXERCISE OF EXTRA-ORDINARY DILIGENCE IN
PROVIDING CARE AND SAFETY TO PASSENGERS/TRAVELLERS OR
ANY PERSON IN THEIR PREMISES.

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Amending Article 1755 of Republic Act No. 386, otherwise
known as the Civil Code of the Philippines. — Republic Act No. 386, as
amended, otherwise known as the Civil Code of the Philippines is hereby further
amended to contain Article 1755-A to read as follows:

Art. 1755-A. Operators or owners of transport terminal either or
likewise in the business of common carrier or independently
operating such terminals to cater to common carriers are bound to
provide extra-ordinary diligence in the care and safety to
passengers, travellers, or any person in their premises 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
for so long as the passenger, traveller, or any person is ought to be
where he is.

SECTION 2. Transport Terminals Defined. - Article 1755-B defines the word
“Transport Terminals” and shall be included in Republic Act No. 386, otherwise
known as the Civil Code of the Philippines, which reads as follows:

Art. 1755-B. Transport terminal shall be understood as a building
or any type of infrastructure use to cater to different forms of
transportation such as but not limited to airport, seaport, bus
terminal, train station including its premises for parking lots,
entrance and exit of vehicles and/or commuters, the departure and


pre-departure and arrival area, waiting area for passengers,
travellers or any person present or arriving for pre-departure, or in
sending-off, or meeting travellers, or leaving at such terminal upon
arrival from his trip.

SECTION 3. Separability Clause. - If any provision or part thereof, is held
invalid or unconstitutional, the remainder of the law or the provision not
otherwise affected shall remain valid and subsisting.

SECTION 4, Repealing Clause. — Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation
contrary to, or inconsistent with the provisions of this Act is hereby repealed,
modified or amended accordingly,

SECTION 5. Effectivity Ciause. — This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation