IAC (1) Whether the Warsaw Convention should be applied
to limit Alitalia’s liability Facts: (2) Whether Dr. Pablo is entitled to nominal damages Dr. Felipa Pablo, an associate professor in the University of the Philippines and a research grantee of Held: the Philippine Atomic Energy Agency, was invited to take part at a meeting of the Department of Research (1) Under the Warsaw Convention, an air carrier is and Isotopes in Italy in view of her specialized made liable for damages for: knowledge in “foreign substances in food and the agriculture environment”. She would be the second a. The death, wounding or other bodily injury of a speaker on the first day of the meeting. Dr. Pablo passenger if the accident causing it took place on booked passage on petitioner Alitalia. She arrived in board the aircraft or I the course of its operations Milan on the day before the meeting, but was told that of embarking or disembarking; her luggage was delayed and was in a succeeding flight from Rome to Milan. The luggage included her b. The destruction or loss of, or damage to, any materials for the presentation. The succeeding flights registered luggage or goods, if the occurrence did not carry her luggage. Desperate, she went to causing it took place during the carriage by air; Rome to try to locate the luggage herself, but to no and avail. She returned to Manila without attending the meeting. She demanded reparation for the damages. c. Delay in the transportation by air of passengers, She rejected Alitalia’s offer of free airline tickets and luggage or goods. commenced an action for damages. As it turned out, the luggage was actually forwarded to Ispra, but only The convention however denies to the carrier availment a day after the scheduled appearance. It was returned of the provisions which exclude or limit his liability, if to her after 11 months. The trial court ruled in favor of the damage is caused by his wilful misconduct, or by Dr. Pablo, and this was affirmed by the Court of such default on his part as is considered to be Appeals. equivalent to wilful misconduct. The Convention does not thus operate as an exclusive enumeration of the Issues: instances of an airline's liability, or as an absolute limit of the extent of that liability. It should be deemed a limit of liability only in those cases where the cause of this Court agrees that the respondent Court of Appeals the death or injury to person, or destruction, loss or correctly set the amount thereof at PhP 40,000.00. damage to property or delay in its transport is not attributable to or attended by any wilful misconduct, The Court also agrees that respondent Court of Appeals bad faith, recklessness, or otherwise improper conduct correctly awarded attorney’s fees to Dr. Pablo and the on the part of any official or employee for which the amount of PhP 5,000.00 set by it is reasonable in the carrier is responsible, and there is otherwise no special premises. The law authorizes recovery of attorney’s or extraordinary form of resulting injury. fees inter alia where, as here, the defendant’s act or omission has compelled the plaintiff to litigate with In the case at bar, no bad faith or otherwise improper third persons or to incur expenses to protect his conduct may be ascribed to the employees of petitioner interest or where the court deems it just and equitable. airline; and Dr. Pablo's luggage was eventually returned to her, belatedly, it is true, but without appreciable damage. The fact is, nevertheless, that some species of injury was caused to Dr. Pablo because petitioner ALITALIA misplaced her baggage and failed to deliver it to her at the time appointed - a breach of its contract of carriage. Certainly, the compensation for the injury suffered by Dr. Pablo cannot under the circumstances be restricted to that prescribed by the Warsaw Convention for delay in the transport of baggage.
(2) She is not, of course, entitled to be compensated
for loss or damage to her luggage. She is however entitled to nominal damages which, as the law says, is adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated and recognized, and not for the purpose of indemnifying the plaintiff that for any loss suffered and American Home Assurance vs. CA AHA brought a suit against respondent NMC for the amount it paid Mayleen Paper, Inc. FACTS: The RTC rendered a decision dismissing the complaint, American Home Assurance Co. and the National Marine such decision was affirmed by the CA. Corporation (NMC) are foreign corporations licensed to ISSUE: do business in the Philippines. On or about 19 June Is American Home Assurance Company is entitled to 1988, Cheng Hwa Pulp Corporation shipped 5,000 bales reimbursement from NMC of what it paid to Mayleen (1,000 ADMT) of bleached kraft pulp from Haulien, Paper? Taiwan on board “SS Kaunlaran”, which is owned and RULING: operated by NMC. The said shipment was consigned to YES. Mayleen Paper, Inc. of Manila, which insured the The Supreme Court reversed the decisions of both the shipment with American Home Assurance Co.. Court of Appeals and the Regional Trial Court of Manila, On 22 June 1988, the shipment arrived in Manila and Branch 41, appealed from; and ordered NMC to was discharged into the custody of the Marina Port reimburse the subrogee, American Home Assurance, Services, Inc., for eventual delivery to the consignee- the amount of P31,506.75. assured. Under Article 1733 of the Civil Code, common carriers However, upon delivery of the shipment to Mayleen from the nature of their business and for reasons of Paper, Inc., it was found that 122 bales had either been public policy are bound to observe extraordinary damaged or lost. The loss was calculated to be 4,360 diligence in the vigilance over the goods and for the kilograms with an estimated value of P61,263.41. safety of passengers transported by them according to Mayleen Paper, Inc. then duly demanded all circumstances of each case. Thus, under Article indemnification from NMC for the damages and losses 1735 of the same Code, in all cases other than those in the shipment but to no avail. Mayleen Paper, Inc. mentioned in Article 1734 thereof, the common carrier sought recovery from American Home Assurance Co.. shall be presumed to have been at fault or to have Upon demand and submission of proper acted negligently, unless it proves that it has observed documentation, American Home Assurance paid the extraordinary diligence required by law. Mayleen Paper, Inc. the adjusted amount of P31, Common carriers cannot limit their liability for injury or 506.75 for the damages/losses suffered by the loss of goods where such injury or loss was caused by shipment, hence, AHA was subrogated to the rights and its own negligence. Otherwise stated, the law on interests of Mayleen Paper, Inc. averages under the Code of Commerce cannot be applied in determining liability where there is 4,360 kilograms and amounting to P61,263.41. Instead negligence. of presenting proof of the exercise of extraordinary Under the foregoing principle and in line with the Civil diligence as required by law, NMC filed its Motion to Code’s mandatory requirement of extraordinary Dismiss dated 7 August 1989, hypothetically admitting diligence on common carriers in the care of goods the truth of the facts alleged in the complaint to the placed in their stead, it is but reasonable to conclude effect that the loss or damage to the 122 bales was due that the issue of negligence must first be addressed to the negligence or fault of NMC. Such being the case, before the proper provisions of the Code of Commerce it is evident that the Code of Commerce provisions on on the extent of liability may be applied. averages cannot apply. As resolved in National Development Co. v. C.A. (164 Article 1734 of the Civil Code provides that common SCRA 593 [1988]; citing Eastern Shipping Lines, Inc. carriers are responsible for loss, destruction or v. I.A.C., 150 SCRA 469, 470 [1987], “the law of the deterioration of the goods, unless due to any of the country to which the goods are to be transported causes enumerated therein. Herein, it is obvious that governs the liability of the common carrier in case of the present case does not fall under any of the their loss, destruction or deterioration.” (Article 1753, exceptions. Thus, American Home Assurance Company Civil Code). Herein, thus, for cargoes transported to the is entitled to reimbursement of what it paid to Mayleen Philippines, the liability of the carrier is governed Paper, Inc. as insurer. primarily by the Civil Code and in all matters not regulated by said Code, the rights and obligations of common carrier shall be governed by the Code of Commerce and by special laws (Article 1766, Civil Code). The filing of a motion to dismiss on the ground of lack of cause of action carries with it the admission of the material facts pleaded in the complaint (Sunbeam Convenience Foods, Inc. v. C.A., 181 SCRA 443 [1990]). Herein, upon delivery of the shipment in question at Mayleen’s warehouse in Manila, 122 bales were found to be damaged/lost with straps cut or loose, calculated by the so-called “percentage method” at UNSWORTH TRANSPORT INTERNATIONAL Permit to Deliver Imported Goods procured by the (PHILS.), INC., Petitioner, Champs Customs Brokerage. Three days thereafter, or vs. on October 9, 1992, Oceanica Cargo Marine Surveyors COURT OF APPEALS and PIONEER INSURANCE Corporation (OCMSC) conducted a stripping survey of AND SURETY CORPORATION, Respondents. the shipment located in petitioner’s warehouse. Consequently, Unilab’s quality control representative Facts: On August 31, 1992, the shipper Sylvex rejected one paper bag containing dried yeast and one Purchasing Corporation delivered to UTI a shipment of steel drum containing Vitamin B Complex as unfit for 27 drums of various raw materials for pharmaceutical the intended purpose. On November 7, 1992, Unilab manufacturing, consisting of: "1) 3 drums (of) extracts, filed a formal claim for the damage against private flavoring liquid, flammable liquid x x x banana respondent and UTI. On November 20, 1992, UTI flavoring; 2) 2 drums (of) flammable liquids x x x denied liability on the basis of the gate pass issued by turpentine oil; 2 pallets. STC: 40 bags dried yeast; and Jardine that the goods were in complete and good 3) 20 drums (of) Vitabs: Vitamin B Complex condition; while private respondent paid the claimed Extract." UTI issued Bill of Lading No. C320/C15991- amount on March 23, 1993. By virtue of the Loss and 2, covering the aforesaid shipment. The subject Subrogation Receipt issued by Unilab in favor of private shipment was insured with private respondent Pioneer respondent, the latter filed a complaint for Damages Insurance and Surety Corporation in favor of Unilab against APL, UTI and petitioner with the RTC of Makati. against all risks in the amount of P1,779,664.77 under and by virtue of Marine Risk Note Number MC RM UL Issue: Whether or not petitioner is a common carrier. 0627 92 and Open Cargo Policy No. HO-022-RIU. On the same day that the bill of lading was issued, the Held: Admittedly, petitioner is a freight forwarder. The shipment was loaded in a sealed 1x40 container van, term "freight forwarder" refers to a firm holding itself with no. APLU-982012, boarded on APL’s vessel M/V out to the general public (other than as a pipeline, rail, "Pres. Jackson," Voyage 42, and transshipped to APL’s motor, or water carrier) to provide transportation of M/V "Pres. Taft" for delivery to petitioner in favor of the property for compensation and, in the ordinary course consignee United Laboratories, Inc. (Unilab). of its business, (1) to assemble and consolidate, or to On September 30, 1992, the shipment arrived at the provide for assembling and consolidating, shipments, port of Manila. On October 6, 1992, petitioner received and to perform or provide for break-bulk and the said shipment in its warehouse after it stamped the distribution operations of the shipments; (2) to assume responsibility for the transportation of goods from the place of receipt to the place of destination; and (3) to use for any part of the transportation a carrier subject to the federal law pertaining to common carriers. A freight forwarder’s liability is limited to damages arising from its own negligence, including negligence in choosing the carrier; however, where the forwarder contracts to deliver goods to their destination instead of merely arranging for their transportation, it becomes liable as a common carrier for loss or damage to goods. A freight forwarder assumes the responsibility of a carrier, which actually executes the transport, even though the forwarder does not carry the merchandise itself. Undoubtedly, UTI is liable as a common carrier. Common carriers, as a general rule, are presumed to have been at fault or negligent if the goods they transported deteriorated or got lost or destroyed. That is, unless they prove that they exercised extraordinary diligence in transporting the goods. In order to avoid responsibility for any loss or damage, therefore, they have the burden of proving that they observed such diligence. Mere proof of delivery of the goods in good order to a common carrier and of their arrival in bad order at their destination constitutes a prima facie case of fault or negligence against the carrier. If no adequate explanation is given as to how the deterioration, loss, or destruction of the goods happened, the transporter shall be held responsible. NATIONAL STEEL CORPORATION v. COURT OF presumption of negligence against the common carrier APPEALS in case of loss or damage to the cargo are applicable to G.R. No. 112287 December 12, 1997 a private carrier. Panganiban, J. Held: Doctrine: No. In a contract of private carriage, the parties may The stringent provisions of the Civil Code on common freely stipulate their duties and obligations which carriers protecting the general public cannot justifiably perforce would be binding on them. Unlike in a contract be applied to a private carrier. involving a common carrier, private carriage does not Facts: involve the general public. Hence, the stringent Plaintiff National Steel Corporation (NSC) as Charterer provisions of the Civil Code on common carriers and defendant Vlasons Shipping, Inc. (VSI) as Owner, protecting the general public cannot justifiably be entered into a Contract of Voyage Charter Hire whereby applied to a ship transporting commercial goods as a NSC hired VSI’s vessel, the MV Vlasons I to make one private carrier. voyage to load steel products at Iligan City and It has been held that the true test of a common carrier discharge them at North Harbor, Manila. The handling, is the carriage of passengers or goods, provided it has loading and unloading of the cargoes were the space, for all who opt to avail themselves of its responsibility of the Charterer. transportation service for a fee [Mendoza vs. Philippine The skids of tinplates and hot rolled sheets shipped Airlines, Inc., 90 Phil. 836, 842-843 (1952)]. A carrier were allegedly found to be wet and rusty. Plaintiff, which does not qualify under the above test is deemed alleging negligence, filed a claim for damages against a private carrier. “Generally, private carriage is the defendant who denied liability claiming that the MV undertaken by special agreement and the carrier does Vlasons I was seaworthy in all respects for the carriage not hold himself out to carry goods for the general of plaintiff’s cargo; that said vessel was not a “common public. carrier” inasmuch as she was under voyage charter Because the MV Vlasons I was a private carrier, the contract with the plaintiff as charterer under the ship owner’s obligations are governed by the foregoing charter party; that in the course its voyage, the vessel provisions of the Code of Commerce and not by the encountered very rough seas. Civil Code which, as a general rule, places the prima Issue: facie presumption of negligence on a common carrier. Whether or not the provisions of the Civil Code on common carriers pursuant to which there exists a Malayan Insurance Co., Inc. v. Philippine First Reputable signed a Special Risk Insurance Policy Insurance Co., Inc., G.R. No. 184300 (July 11, (SR Policy) with petitioner Malayan for the 2012) amount of P1 million. 6. On October 6, 1994, during the effectivity of the Facts: Marine Policy and SR Policy, Reputable 1. Since 1989, Wyeth Philippines, Inc. (Wyeth) and received from Wyeth 1,000 boxes of Promil respondent Reputable Forwarder Services, Inc. infant formula to be delivered by Reputable (Reputable) had been annually executing a to Mercury Drug Corporation in Quezon City. contract of carriage, whereby the latter Unfortunately, on the same date, the truck undertook to transport and deliver the former’s carrying Wyeth’s products was hijacked by products to its customers, dealers or salesmen. about 10 armed men. 2. Wyeth procured Marine Policy from respondent 7. Philippines First then demanded reimbursement Philippines First Insurance Co., Inc. (Philippines from Reputable, having been subrogated to the First) to secure its interest over its own products. rights of Wyeth by virtue of the payment. The 3. Wyeth executed its annual contract of carriage latter, however, ignored the demand. with Reputable. It turned out, however, that the 8. Philippines First instituted an action for sum of contract was not signed by Wyeth’s money against Reputable. In its complaint, representative/s. Philippines First stated that Reputable is a 4. Under the contract, Reputable undertook to "private corporation engaged in the business of a answer for "all risks with respect to the goods and common carrier." In its answer. Reputable shall be liable to the COMPANY (Wyeth), for the claimed that it is a private carrier. loss, destruction, or damage of the 9. Disclaiming any liability, Malayan argued, among goods/products due to any and all causes others, that under Section 5 of the SR Policy, the whatsoever, including theft, robbery, flood, insurance does not cover any loss or damage to storm, earthquakes, lightning, and other force property which at the time of the happening of majeure while the goods/products are in transit such loss or damage is insured by any marine and until actual delivery to the customers, policy and that the SR Policy expressly excluded salesmen, and dealers of the COMPANY". third-party liability 5. The contract also required Reputable to secure 10. RTC - Reputable liable to Philippines First an insurance policy on Wyeth’s goods. Thus, for the amount of indemnity it paid to Wyeth, among others. In turn, Malayan was found by the or the plaintiff who alleged that Reputable is a common RTC to be liable to Reputable to the extent of the carrier was Philippines First. It cannot, by any stretch policy coverage. of imagination, be made conclusive as against Reputable whose nature of business is in question. They now filed the present petition. 11. Malayan also contends that the CA erred Philippines First is not in any position to make any when it held that Reputable is a private carrier admission, much more a definitive pronouncement, as and should be bound by the contractual to the nature of Reputable’s business and there stipulations in the contract of carriage. appears no other connection between Philippines First 12. Reputable, meanwhile, contends that it is and Reputable which suggests mutual familiarity exempt from liability for acts committed by between them. thieves/robbers who act with grave or irresistible threat whether it is a common carrier or a Moreover, records show that the alleged judicial private/special carrier. admission of Philippines First was essentially disputed by Reputable when it stated in paragraphs 2, 4, and 11 Issue: of its answer that it is actually a private or special 1) Whether Reputable is a private carrier; YES carrier.23 In addition, Reputable stated in paragraph 2 2) Whether Reputable is strictly bound by the of its third-party complaint that it is "a private carrier stipulations in its contract of carriage with Wyeth, such engaged in the carriage of goods." that it should be liable for any risk of loss or damage, for any cause whatsoever, including that due to theft Under Article 1732 of the Civil Code, common or robbery and other force majeure; YES carriers are persons, corporations, firms, or associations engaged in the business of carrying Held: As to issue no. 1 or transporting passenger or goods, or both by land, water or air for compensation, offering their The rule on judicial admission, however, also states services to the public. On the other hand, a that such allegation, statement, or admission is private carrier is one wherein the carriage is conclusive as against the pleader and that the facts generally undertaken by special agreement and it alleged in the complaint are deemed admissions of the does not hold itself out to carry goods for the plaintiff and binding upon him. In this case, the pleader general public. A common carrier becomes a private carrier when it undertakes to carry a special cargo or chartered to a special person only.
2. On the second issue – Reputable is bound by the
terms of the contract of carriage.
The extent of a private carrier’s obligation is
dictated by the stipulations of a contract it entered into, provided its stipulations, clauses, terms and conditions are not contrary to law, morals, good customs, public order, or public policy. "The Civil Code provisions on common carriers should not be applied where the carrier is not acting as such but as a private carrier. Public policy governing common carriers has no force where the public at large is not involved."
Thus, being a private carrier, the extent of Reputable’s
liability is fully governed by the stipulations of the contract of carriage, one of which is that it shall be liable to Wyeth for the loss of the goods/products due to any and all causes whatsoever, including theft, robbery and other force majeure while the goods/products are in transit and until actual delivery to Wyeth’s customers, salesmen and dealers. British Airways vs. CA Case Digest The inescapable conclusion that BA had waived the British Airways vs. Court of Appeals defense of limited liability when it allowed Mahtani to (285 SCRA 450) testify as to the actual damages he incurred due to misplacement of his luggage, without any objection. Facts: On April 16, 1989, Mahtani is on his way to Bombay, India from Manila. His trip was Manila-Hong It is a well-settled doctrine that where the proponent Kong via PAL and then Hong Kong-India via British offers evidence deemed by counsel of the adverse party Airways. Prior to his departure, he checked in two to be inadmissible for any reason, the latter has the pieces of luggage containing his clothing and other right to object. However, such right is a mere privilege personal effects, confident that the same would be which can be waived. Necessarily, the objection must transferred to his BA flight. be made at the earliest opportunity, in case of silence when there is opportunity to speak may operate as a Unfortunately, when he arrived in India, he discovered waiver of objections. that his luggage was missing.
The RTC awarded Mahtani damages which was affirmed
by CA.
Issue: Whether or not in a contract of air carriage a
declaration by the passenger is needed to recover a greater amount?
Held: American jurisprudence provides that an air
carrier is not liable for the loss of baggage in an amount in excess of the limits specified in the tariff which was filed with the proper authorities, such tariff being binding on the passenger regardless of the passenger’s lack of knowledge thereof or assent thereto. This doctrine is recognized in this jurisdiction.
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