Northwest
Airlines vs. Court of Appeals, 284 SCRA 408
Subject: Transportation Law
FACTS
The
plaintiff, [Torres], allegedly on a special mission to purchase firearms for
the Philippine Senate, purchased a round trip ticket from defendant [Northwest]
for his travel to Chicago and back to Manila. Via defendant's flight, plaintiff
left for United States.
On the way back to Manila, plaintiff checked-in
his two identical baggage, one of which contained firearms. After document
verification by the airline staff, plaintiff thereafter sealed the baggage and
defendant's representative placed a red tag on the baggage with firearms with
the marking "CONTAINS FIREARMS".
In Manila,
plaintiff was not able to claim one of his baggages for it was recalled back to
Chicago by defendant for US Customs verification. A telex to this effect was
shown to plaintiff. Later on plaintiff was able to claim his other baggage in
the presence of defendant's representative and found out that the firearms were
missing.
On account
of continuous refusal of defendant to settle amicably, plaintiff then prayed
before the trial court that defendant be ordered to pay damages.
Northwest argued in its motion for summary judgment that the Warsaw Convention and the
contract of carriage limited its liability to US$640 and that the evidence
presented by Torres did not entitle him to moral, exemplary, and temperate
damages and attorney's fees.
The trial
court ordered Northwest to pay Torres. Both appeal to the CA. The affirmed the
trial court's finding as to the right of Torres to actual damages but set aside
the rest of the appealed decision. It then remanded the case to the court a quo
for further proceedings. Hence, this petition.
ISSUE
Whether or
not limiting liability stated in Section 22(2) of the Warsaw Convention applies
in this case.
RULING
No, Northwest's
liability for actual damages may not be limited to that prescribed in Section
22(2) of the Warsaw Convention.
In this
case, SC held that a limit of liability only in those cases where the cause of
the death or injury to person, or destruction, loss or damage to property or
delay in its transport is not attributable to or attended by any willful
misconduct, bad faith, recklessness, or otherwise improper conduct on the part
of any official or employee for which the carrier is responsible, and there is
otherwise no special or extraordinary form of resulting injury. The
Convention's provisions, in short, do not "regulate or exclude liability
for other breaches of contract by the carrier" or misconduct of its
officers and employees, or for some particular or exceptional type of damage.
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