Title
Alitalia vs. Intermediate Appellate Court
Case
G.R. No. 71929
Decision Date
Dec 4, 1990
Dr. Pablo sued Alitalia for delayed luggage, causing her to miss a UN conference. Courts ruled Warsaw Convention didn’t limit liability, awarding damages and attorney’s fees for distress and breach of contract.
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Case Digest (G.R. No. 71929)

Facts:

  1. Background of Dr. Felipa Pablo
    Dr. Felipa Pablo was an associate professor at the University of the Philippines and a research grantee of the Philippine Atomic Energy Agency. She was invited to present a paper at a United Nations meeting in Ispra, Italy, due to her expertise in "foreign substances in food and the agriculture environment."

  2. Travel Arrangements and Luggage Issue
    Dr. Pablo booked her flight with Alitalia to attend the conference. Upon arrival in Milan, she was informed that her luggage, which contained her scientific papers, slides, and personal items, was delayed and would arrive on a subsequent flight. Despite her efforts to locate the luggage in Rome, it was not found, and she returned to Manila without attending the conference.

  3. Luggage Recovery and Legal Action
    Dr. Pablo's luggage was eventually delivered to Ispra, but only after the conference had ended. She filed a lawsuit against Alitalia, seeking damages for the inconvenience and distress caused by the delay. The trial court ruled in her favor, awarding nominal damages and attorney's fees. The Intermediate Appellate Court affirmed the decision and increased the damages.

  4. Alitalia's Defense
    Alitalia argued that its liability should be limited under the Warsaw Convention, which governs international air travel. It also contested the award of nominal damages and attorney's fees, claiming there was no legal basis for such awards.

Issue:

  1. Applicability of the Warsaw Convention
    Whether the Warsaw Convention limits Alitalia's liability for the delay in delivering Dr. Pablo's luggage.

  2. Award of Nominal Damages and Attorney's Fees
    Whether the award of nominal damages and attorney's fees to Dr. Pablo was justified under the circumstances.

  3. Intermediate Appellate Court's Decision
    Whether the Intermediate Appellate Court erred in increasing the damages and failing to address all assigned errors in its decision.


Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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