G.R. No. 171092 - Lhuillier vs. British Airways

On February 28, 2005, petitioner Edna Diago Lhuillier boarded British Airways Flight 548 from London, United Kingdom to Rome, Italy. She requested assistance from flight attendant Julian Halliday in placing her carry-on luggage in the overhead bin. Halliday allegedly refused and remarked, “If I were to help all 300 passengers on this flight, I would have a broken back!”
As the plane prepared to land in Rome, flight attendant Nickolas Kerrigan singled out petitioner for a safety lecture, making her appear ignorant and uneducated. When petitioner protested, Kerrigan leaned in menacingly and declared, “We don’t like your attitude.”
Upon arrival, petitioner complained to the ground manager and demanded an apology; none was forthcoming.
On April 28, 2005, petitioner filed a Complaint for damages with the Regional Trial Court (RTC) of Makati City, praying for ₱5 million moral damages, ₱2 million nominal damages, ₱1 million exemplary damages, ₱300,000 attorney’s fees, ₱200,000 litigation expenses, and costs of suit.

On May 16, 2005, summons and complaint were served on British Airways through Euro-Philippine Airline Services, Inc., which respondent later asserted was not its resident agent.
On May 30, 2005, respondent filed a Motion to Dismiss for lack of jurisdiction over the subject matter and over its person, invoking Article 28(1) of the Warsaw Convention.
The RTC, on June 3, 2005, ordered petitioner to comment on the motion within ten days and respondent to file a reply.
Instead of commenting, petitioner on June 27, 2005, filed an ex parte motion to amend the complaint and issue alias summons, correcting the resident agent to Alonzo Q. Ancheta.
Petitioner filed her Opposition to the Motion to Dismiss on September 9, 2005.
On October 14, 2005, RTC Branch 132 granted the Motion to Dismiss, ruling it lacked jurisdiction under the Warsaw Convention; a Motion for Reconsideration was denied January 4, 2006.
Petitioner elevated the case to the Supreme Court by a Petition for Review on Certiorari, raising pure questions of law.

Whether Philippine courts have jurisdiction over tortious conduct committed by personnel of a foreign carrier aboard an international flight, and thus whether such actions fall outside the ambit of the Warsaw Convention.
Whether respondent, by filing a Motion to Dismiss and other pleadings on special appearance, effectively submitted itself to the jurisdiction of the RTC, waiving any objection to personal jurisdiction.