ZALAMEA vs. CA
ZALAMEA vs. CA
ZALAMEA vs. CA
COURT OF APPEALS
Facts:
Issue:
Ruling:
Yes. The U.S. law or regulation allegedly authorizing overbooking has never
been proved. Foreign laws do not prove themselves nor can the courts take
judicial notice of them. Like any other fact, they must be alleged and proved.
Respondent TWA relied solely on the statement of Ms. Gwendolyn Lather, its
customer service agent. Aside from said statement, no official publication of
said code was presented as evidence. Thus, respondent court's finding that
overbooking is specifically allowed by the US Code of Federal Regulations
has no basis in fact. TransWorld Airlines is liable to pay damages to
petitioners.