Case Digest (G.R. No. 101538)
Facts:
Augusto Benedicto Santos III v. Northwest Orient Airlines, G.R. No. 101538. June 23, 1992, the Supreme Court En Banc, Cruz, J., writing for the Court. Petitioner Augusto Benedicto Santos III, suing through his father and legal guardian, alleged that on December 19, 1986 he was denied carriage on the Tokyo–Manila segment of a round‑trip ticket he had purchased from Northwest Orient Airlines (NOA) in San Francisco for travel between San Francisco and Manila via Tokyo. He checked in at the NOA counter in San Francisco but, despite prior confirmation, was told there was no reservation for the Tokyo–Manila leg and was wait‑listed.On March 12, 1987 petitioner filed a complaint for damages in the Regional Trial Court (RTC) of Makati. On April 13, 1987 NOA filed a motion to dismiss for lack of jurisdiction, invoking Article 28(1) of the Warsaw Convention (which prescribes four exclusive forums where actions for damages under the Convention must be brought). On February 1, 1988 the RTC granted the motion and dismissed the complaint. The petitioner appealed to the Court of Appeals, which affirmed the RTC; a motion for reconsideration before the Court of Appeals was denied on June 26, 1991. The petitioner then brought the matter to the Supreme Court, raising principally (1) the constitutionality of Article 28(1) of the Warsaw Convention and (2) the question whether Phili...(Subscriber-Only)
Issues:
- Does Article 28(1) of the Warsaw Convention violate the constitutional guarantees of due process and equal protection?
- Is Article 28(1) of the Warsaw Convention a rule of jurisdiction (non‑waivable) rather than mere venue, and was any objection thereby waived by the defendant?
- If Article 28(1) governs jurisdiction, is Manila (or the Philippines) the "place of destination" under the Convention for petitioner’s contract of carriage?
- Does NOA’s having a branch office in the Philippines render the carrier domiciled in the Philippines under Article 28(1)?
- Does an allegation of tort or willful misconduct remove the case from the exclusive jurisdictional scheme of the Warsaw Convention?
- Can Article 24 of the Civil Code (protection of min...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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