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    Luna Vs CA

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    Sara Andrea Santiago
    This document summarizes a Supreme Court case from 1992 regarding two separate complaints against Northwest Airlines for delaying the delivery of passengers' luggage to their destination in Seoul, South Korea. The luggage was delayed by four days. The lower courts had dismissed the complaints for lack of cause of action. The Supreme Court ruled that the Warsaw Convention does not exempt airlines from liability under domestic laws for violating passenger rights in contracts of carriage. It also found that Article 25 of the Convention does not exclude all other Convention provisions if damage is caused by willful misconduct, but only removes the monetary liability ceilings in Article 22 in such cases of willful misconduct.

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    Luna Vs CA

    Uploaded by

    Sara Andrea Santiago
    196 views2 pages
    This document summarizes a Supreme Court case from 1992 regarding two separate complaints against Northwest Airlines for delaying the delivery of passengers' luggage to their destination in Seoul, South Korea. The luggage was delayed by four days. The lower courts had dismissed the complaints for lack of cause of action. The Supreme Court ruled that the Warsaw Convention does not exempt airlines from liability under domestic laws for violating passenger rights in contracts of carriage. It also found that Article 25 of the Convention does not exclude all other Convention provisions if damage is caused by willful misconduct, but only removes the monetary liability ceilings in Article 22 in such cases of willful misconduct.

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    Luna vs CA

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    This document summarizes a Supreme Court case from 1992 regarding two separate complaints against Northwest Airlines for delaying the delivery of passengers' luggage to their destination in Seoul, South Korea. The luggage was delayed by four days. The lower courts had dismissed the complaints for lack of cause of action. The Supreme Court ruled that the Warsaw Convention does not exempt airlines from liability under domestic laws for violating passenger rights in contracts of carriage. It also found that Article 25 of the Convention does not exclude all other Convention provisions if damage is caused by willful misconduct, but only removes the monetary liability ceilings in Article 22 in such cases of willful misconduct.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    196 views2 pages

    Luna Vs CA

    Uploaded by

    Sara Andrea Santiago
    This document summarizes a Supreme Court case from 1992 regarding two separate complaints against Northwest Airlines for delaying the delivery of passengers' luggage to their destination in Seoul, South Korea. The luggage was delayed by four days. The lower courts had dismissed the complaints for lack of cause of action. The Supreme Court ruled that the Warsaw Convention does not exempt airlines from liability under domestic laws for violating passenger rights in contracts of carriage. It also found that Article 25 of the Convention does not exclude all other Convention provisions if damage is caused by willful misconduct, but only removes the monetary liability ceilings in Article 22 in such cases of willful misconduct.

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    of 2

    G.R. Nos.

    100374-75 November 27, 1992

    RUFINO Y. LUNA, RODOLFO J. ALONSO and PORFIRIO RODRIGUEZ,


    petitioners,
    vs.
    HON. COURT OF APPEALS, HON. CRISTINA M. ESTRADA in her
    capacity as Presiding Judge, RTC-Pasig, Br. 69, Metro Manila, HON.
    TERESITA D. CAPULONG in her capacity as Presiding Judge, RTC-
    Valenzuela, Br. 172, Metro Manila, and NORTHWEST AIRLINES, INC.,
    respondents.

    (CONDITIONS ON IMPOSITION OF LIABILITY)

    FACTS:

    This joint petition for review on certiorari originated from two (2) separate complaints
    arising from an airline's delay in the delivery of the luggage of its passengers at their destination
    which respondent courts (RTC and CA) dismissed for lack of cause of action.

    Petitioners Rufino Luna, Rodolfo Alonso and Porfirio Rodriguez boarded Flight 020 of
    private respondent Northwest Airlines bound for Seoul, South Korea. They checked in one (1)
    piece of luggage each. After boarding, however, due to engine trouble, they were asked to
    disembark and transfer to a Korean Airlines plane scheduled to depart four (4) hours later. They
    were assured that their baggage would be with them in the same flight.

    When petitioners Rufino Luna, Rodolfo Alonso and Porfirio Rodriguez arrived in Seoul,
    they discovered that their personal belongings were nowhere to be found instead, they were
    allegedly flown to Seattle, U.S.A. It was not until four (4) days later, and only after repeated
    representations with Northwest Airlines personnel at the airport in Korea when they were able to
    retrieve their luggage. By then the Convention, which they were hardly able to attend, was
    almost over.

    ISSUE:

    Whether the application of the Warsaw Convention operates to exclude the application of
    the provisions of the New Civil Code and the other statutes.
    RATIO:

    The Warsaw Convention does not operate as an exclusive enumeration of the instances
    for declaring an airline liable for breach of contract of carriage or as an absolute limit of the
    extent of that liability. The Convention merely declares the carrier liable for damages in the
    enumerated cases, if the conditions therein specified are present. It does not regulate the liability,
    much less exempt, the carrier for violating the rights of others which must simply be respected in
    accordance with their contracts of carriage. The application of the Convention must not therefore
    be construed to preclude the operation of the Civil Code and other pertinent laws.

    The Court, however, is unable to agree however with petitioners Luna, et al., that Art. 25
    of the Convention operations to exclude the other provisions of the Convention if damage is
    caused by the common carrier's willful misconduct. As correctly pointed out by Northwest
    Airlines Inc., Art. 25 refers only to the monetary ceiling on damages found in Art. 22 should
    damage be caused by the carrier's willful misconduct. Hence, only the provisions of Art. 22
    limiting the carrier's liability and imposing a monetary ceiling in case of willful misconduct on
    its part that the carrier cannot invoke.

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