Case Digest (G.R. No. L-44936)
Facts:
Philippine Airlines, Inc. v. Court of Appeals and Chua Min, G.R. No. L-44936, September 25, 1992, Supreme Court Third Division, Melo, J., writing for the Court.On April 4, 1972, private respondent Chua Min traveled as a passenger on Philippine Airlines, Inc. Flight PR 301 from Hongkong to Manila and checked in four pieces of baggage, two of which allegedly contained cinematographic films and were not found after arrival. Chua Min filed a complaint in the then Court of First Instance of Rizal (Branch 7, Pasay City) claiming P20,000 for the loss. The trial judge was Hon. Francisco de la Rosa.
Petitioner admitted the loss and, by letter dated August 28, 1972, offered compensation limited by the rules of the Warsaw Convention (as amended by the Hague Protocol), computing a maximum liability based on baggage weight; petitioner argued at trial that the Warsaw Convention limited its liability to a fixed franc-per-kilogram rate and raised technical objections to Chua Min’s standing, suggesting the films belonged to a Hongkong supplier. Petitioner also asserted that the passenger ticket and baggage check governed the contract of carriage and that the total checked weight precluded the claimed value.
At trial, Chua Min testified and offered four exhibits; petitioner introduced no witnesses and merely adopted three of Chua Min’s exhibits. The trial court found Chua Min to be the consignee or otherwise responsible custodian of the films, held petitioner accountable, and awarded the equivalent of US$4,000 (judgment dated December 10, 1974), interest, and costs, dismissing the counterclaim. The trial court reasoned that petitioner could not avail itself of the Warsaw Convention’s liability limitation because it failed to produce the baggage check and had not otherwise proved the conditions for limiting liability.
Petitioner appealed to the Court of Appeals, which, in a Fifth Division decision dated September 17, 1976 (Fernandez, J., ponente), affirmed the trial court’s findings and rulings but directed that the dollar amount be paid in Philippine currency at the exchange rate in effect on the date of actual payment. A motion for re-evaluation was denied by the Court of Appeals.
Petitioner then filed a petition for review on certiorari with the Supreme Cou...(Subscriber-Only)
Issues:
- Is Chua Min the real party-in-interest entitled to sue for the loss of the films?
- May Philippine Airlines, Inc. avail itself of the limitation of liability under the Warsaw Convention (as amended) for the loss ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
- (Subscriber-Only)