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Digest Transpo Law Full description Lhuillier v. British Sulpicio Lines v Singapo
Airways Sisante vs Ferna
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Philippine Airlines v. Savillo

Audiobooks Facts:

• Savillo was a judge of the RTC of Iloilo


• He was invited to participate in the 1993 ASEA@ Seniors Annual !olf
Magazines Tourna"ent in #a$arta Indonesia%
• So& in order to ta$e part in such event& he purchased a tic$et fro" 'A( with
the following itinerar)* +anila,Singapore,#a$arta,Singapore,+anila%
• 'A( would ta$e the" fro" +anila to Signapore& while Singapore Airlines
Documents would ta$e the" fro" Singapore to #a$arta%
• -hen the) arrived in Singapore& Singapore Airlines rejected the tic$ets of
Savillo .ecause the) were not endorsed .) 'A(% It was e/plained that if
Singapore Airlines honoured the tic$ets without 'A(S0 endorse"ent& 'A(
Sheet Music would not pa) Singapore Airlines for their passage%
• Savillo de"anded co"pensation fro" .oth 'A( and Singapore Airlines& .ut
his eQorts were futile% He then sued 'A( after 3 )ears& de"anding "oral
da"ages%
• 'A( & in its +T2& clai"ed that the cause of action has alread) prescri.ed
invo$ing the -arsaw Convention Sproviding for a 4 )ear prescriptive period5%
6oth RTC and CA ruled against 'A(%

Issues:

-hat is the applica.le law& the Civil Code or the -arsaw Convention7 Has the action
prescri.ed7

Held:

The Civil Code is applica.le% Therefore the action has not )et prescri.ed for the
prescription period is 8 )ears%

If cause of action claims moral damages, not covered by Warsa@


!onvention. Article 19 of the -arsaw Convention provides for lia.ilit) on the part
of a carrier for Yda"ages occasioned .) dela) in the transportation .) air of
passengers& .aggage or goods% Article 48 e/cludes other re"edies .) further
providing that YS15 in the cases covered .) articles 1: and 19& an) action for
da"ages& however founded& can onl) .e .rought su.ject to the conditions and
li"its set out in this convention%; Therefore& a clai" covered .) the -arsaw
Convention can no longer .e recovered under local law& if the statue of li"itations
of two )ears has elapsed%
This document is...
@evertheless& this Court notes that jurisprudence in the 'hilippines and the <nited
Read books, audiobooks, and more
States also recogni=es that the -arsaw Convention does
Scribd
Useful Notregulate;
not Ye/clusivel) useful
½ View
the relationship .etween passenger and carrier on an international >ight%
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