Professional Documents
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COMMON CARRIERS
D. Damages Recoverable from Common Carriers; (5) Nominal, Temperate and Liquidated
Summary: Dr. Felipa Pablo, an associate professor in the University of the
Philippines and a research grantee of the Philippine Atomic Energy Agency,
was invited to take part at a meeting of the Department of Research and
Isotopes in Italy in view of her specialized knowledge in foreign
substances in food and the agriculture environment. She would be the
second speaker on the first day of the meeting. Dr. Pablo booked
passage on petitioner Alitalia. She arrived in Milan on the day before
the meeting, but was told that her luggage was delayed and was in a
succeeding flight from Rome to Milan. The luggage included her
materials for the presentation. The succeeding flights did not
carry her luggage. Desperate, she went to Rome to try to locate
the luggage herself, but to no avail. She returned to Manila without
attending the meeting. She demanded reparation for the damages. She
rejected Alitalias offer of free airline tickets and commenced an action for
damages. As it turned out, the luggage was actually forwarded to Ispra, but
only a day after the scheduled appearance. It was returned to her after 11
months. The trial court ruled in favor of Dr. Pablo, and this was
affirmed by the Court of Appeals.
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61. Alitalia v. AIC GR No. 71929 (192 SCRA 9); December 4, 1990; 1
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COMMON CARRIERS
D. Damages Recoverable from Common Carriers; (5) Nominal, Temperate and Liquidated
and attorney's fees should be increased to the cost of
her round trip air fare or at the present rate of peso to
the dollar at P40,000,00."
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Issue:
(1) Whether the Warsaw Convention should be applied to limit Alitalias liability
(2) Whether Dr. Pablo is entitled to nominal damages
Held: no error being perceived in the challenged decision of the Court of Appeals, it appearing on the contrary to be
entirely in accord with the facts and the law, said decision is hereby AFFIRMED, with costs against the petitioner.
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61. Alitalia v. AIC GR No. 71929 (192 SCRA 9); December 4, 1990; 1
st
COMMON CARRIERS
D. Damages Recoverable from Common Carriers; (5) Nominal, Temperate and Liquidated
iii.
61. Alitalia v. AIC GR No. 71929 (192 SCRA 9); December 4, 1990; 1
st
COMMON CARRIERS
D. Damages Recoverable from Common Carriers; (5) Nominal, Temperate and Liquidated
iii.
Airways,
Inc.
v.
61. Alitalia v. AIC GR No. 71929 (192 SCRA 9); December 4, 1990; 1
st
COMMON CARRIERS
D. Damages Recoverable from Common Carriers; (5) Nominal, Temperate and Liquidated
iii.
61. Alitalia v. AIC GR No. 71929 (192 SCRA 9); December 4, 1990; 1
st
COMMON CARRIERS
D. Damages Recoverable from Common Carriers; (5) Nominal, Temperate and Liquidated