Case Digest (G.R. No. 71929)
Facts:
Alitalia v. Intermediate Appellate Court and Felipa E. Pablo, G.R. No. 71929. December 04, 1990, the Supreme Court First Division, Narvasa, J., writing for the Court.Felipa E. Pablo (respondent) was an associate professor at the University of the Philippines and a research grantee invited to make a scientific presentation at a Joint FAO-IAEA conference in Ispra, Italy. She booked passage with Alitalia (petitioner) and arrived in Milan per schedule; her two suitcases — one containing clothes and the other her scientific papers, slides and research materials — failed to arrive. Although informed her baggage was delayed on a succeeding Rome-to-Milan flight, subsequent flights did not produce her luggage.
Despairing, respondent traveled to Rome, filed ALITALIA’s prescribed forms and inquired at airports, but could not recover her baggage and therefore missed the conference appearance scheduled for November 6, 1972. Her luggage did reach Ispra on November 7, 1972 — after her scheduled participation — and was ultimately restored to her in Manila on October 17, 1973, some eleven months later and four months after she filed suit on June 7, 1973.
The Court of First Instance (trial court) after trial ruled for Dr. Pablo, awarding P20,000 nominal damages, P5,000 attorney’s fees and costs (decision dated February 2, 1975). The case was appealed to the Intermediate Appellate Court (Court of Appeals), which affirmed liability but increased the nominal damages to P40,000, reasoning that the original sum was inadequate given the humiliation, frustration and loss of honor and opportunity suffered by respondent. Alitalia then sought relief from the Supreme Court by certiorari, urging primarily that (1) the Warsaw Convention limited its liability and (2) there was ...(Pro-only)
Issues:
- Did the Court of Appeals commit reversible procedural error in refusing to pass on all assigned errors and in failing to state the facts and law on which its decision was based?
- Does the Warsaw Convention apply to limit Alitalia’s liability in this case?
- Were the awards of nominal damages (P40,000) and attorney’s fees (P5,000) to D...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)