Air Transportation

a. International Air Transportation (Warsaw Convention as amended by the Hague Protocol)

i. Constitutionality (Santos v Northwest)

The Republic of the Philippines is a party to the Convention for the Unification of Certain Rules
Relating to International Transportation by Air, otherwise known as the Warsaw Convention. It
took effect on February 13, 1933. The Convention was concurred in by the Senate, through its
Resolution No. 19, on May 16, 1950. The Philippine instrument of accession was signed by
President Elpidio Quirino on October 13, 1950, and was deposited with the Polish government
on November 9, 1950. The Convention became applicable to the Philippines on February 9,
1951. On September 23, 1955, President Ramon Magsaysay issued Proclamation No. 201,
declaring our formal adherence thereto. "to the end that the same and every article and clause
thereof may be observed and fulfilled in good faith by the Republic of the Philippines and the
citizens thereof."

The Convention is thus a treaty commitment voluntarily assumed by the Philippine government
and, as such, has the force and effect of law in this country.

ii. When applicable

Article 1. (1) This Convention applies to all international carriage of persons, baggage or cargo
performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed
by an air transport undertaking.

iii. Liabilities under the Convention

Article 17. The carrier is liable for damage sustained in the event of the death or wounding of a
passenger or any other bodily injury suffered by a passenger, if the accident which caused the
damage so sustained took place on board the aircraft or in the course of any of the operations of
embarking or disembarking.

Article 18. (1) The carrier is liable for damages sustained in the event of the destruction or loss
of, or of damage to, any registered baggage or any cargo, if the occurrence which caused the
damage so sustained took place during the carriage by air.

(2) The carriage by air within the meaning of the preceding paragraph comprises the period
during which the baggage or cargo is in charge of the carrier, whether in an aerodrome or on
board an aircraft, or, in the case of a landing outside an aerodrome, in any place whatsoever.

(3) The period of the carriage by air does not extend to any carriage by land, by sea or by river
performed outside an aerodrome. If, however, such a carriage takes place in the performance of
a contract for carriage by air, for the purpose of loading, delivery or trans-shipment, any damage
is presumed, subject to proof to the contrary, to have been the result of an event which took
place during the carriage by air.

Article 19. The carrier is liable for damage occasioned by delay in the carriage by air of
passengers, baggage or cargo.
iv. Limitations on liability

Article 22. (1) In the carriage of persons the liability of the carrier for each passenger is limited to
the sum of two hundred and fifty thousand francs. Where, in accordance with the law of the
court seized of the case, damages may be awarded in the form of periodical payments, the
equivalent capital value of the said payments shall not exceed two hundred and fifty thousand
francs. Nevertheless, by special contract, the carrier and the passenger may agree to a higher
limit of liability.

(2)(a) In the carriage of registered baggage and of cargo, the liability of the carrier is limited to a
sum of two hundred and fifty francs per kilogramme, unless the passenger or consignor has
made, at the time when the package was handed over to the carrier, a special declaration of
interest in delivery at destination and has paid a supplementary sum if the case so requires. In
that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves
that the sum is greater than the passenger's or consignor's actual interest in delivery at
destination. (b) In the case of loss, damage or delay of part of registered baggage or cargo, or of
any object contained therein, the weight to be taken into consideration in determining the
amount to which the carrier's liability is limited shall be only the total weight of the package or
packages concerned. Nevertheless, when the loss, damage or delay of a part of the registered
baggage or cargo, or of an object contained therein, affects the value of other packages covered
by the same baggage check or the same air waybill, the total weight of such package or packages
shall also be taken into consideration in determining the limit of liability.

(3) As regards objects of which the passenger takes charge himself the liability of the carrier is
limited to five thousand francs per passenger.

(4) The limits prescribed in this Article shall not prevent the court from awarding, in accordance
with its own law, in addition, the whole or part of the court costs and of the other expenses of
the litigation incurred by the plaintiff. The foregoing provision shall not apply if the amount of
the damages awarded, excluding court costs and other expenses of litigation, does not exceed
the sum which the carrier has offered in writing to the plaintiff within a period of six months
from the date of the occurrence causing the damage, or before the commencement of the
action, if that is later.

(5) The sums mentioned in francs in this Article shall be deemed to refer to a currency unit
consisting of sixty-five and a half milligrammes of gold of millesimal fineness nine hundred.
These sums may be converted into national currencies in round figures. Conversion of the sums
into national currencies other than gold shall, in case of judicial proceedings, be made according
to the gold value of such currencies at the date of the judgment.

v. When limitations unavailable

Article 3. (1) In respect of the carriage of passengers a ticket shall be delivered containing: (a) an
indication of the places of departure and destination; (b) if the places of departure and
destination are within the territory of a single High Contracting Party, one or more agreed
stopping places being within the territory of another State, an indication of at least one such
stopping place; (c) a notice to the effect that, if the passenger's journey involves an ultimate
destination or stop in a country other than the country of departure, the Warsaw Convention
 may be applicable and that the Convention governs and in most cases limits the liability of
carriers for death or personal injury and in respect of loss of or damage to baggage.

(2) The passenger ticket shall constitute prima facie evidence of the conclusion and conditions of
the contract of carriage. The absence, irregularity or loss of the passenger ticket does not affect
the existence or the validity of the contract of carriage which shall, none the less, be subject to
the rules of this Convention. Nevertheless, if, with the consent of the carrier, the passenger
embarks without a passenger ticket having been delivered, or if the ticket does not include the
notice required by paragraph 1(c) of this Article, the carrier shall not be entitled to avail himself
of the provisions of Article 22.

Article 25. The limits of liability specified in Article 22 shall not apply if it is proved that the
damage resulted from an act or omission of the carrier, his servants or agents, done with intent
to cause damage or recklessly and with knowledge that damage would probably result; provided
that, in the case of such act or omission of a servant or agent, it is also proved that he was acting
within the scope of his employment.

vi. Conditions on imposition of liability

Article 26. (1) Receipt by the person entitled to delivery of baggage or cargo without complaint is
prima facie evidence that the same has been delivered in good condition and in accordance with
the document of carriage.

(2) In the case of damage, the person entitled to delivery must complain to the carrier forthwith
after the discovery of the damage, and, at the latest, within seven days from the date of receipt
in the case of baggage and fourteen days from the date of receipt in the case of cargo. In the
case of delay the complaint must be made at the latest within twenty-one days from the date on
which the baggage or cargo have been placed at his disposal.

(3) Every complaint must be made in writing upon the document of carriage or by separate
notice in writing despatched within the times aforesaid.

(4) Failing complaint within the times aforesaid, no action shall lie against the carrier, save in the
case of fraud on his part.

Article 28. (1) An action for damages must be brought, at the option of the plaintiff, in the
territory of one of the High Contracting Parties, either before the Court having jurisdiction where
the carrier is ordinarily resident, or has his principal place of business, or has an establishment by
which the contract has been made or before the Court having jurisdiction at the place of
destination.

(2) Questions of procedure shall be governed by the law of the Court seized of the case.

Article 29. (1) The right to damages shall be extinguished if an action is not brought within two
years, reckoned from the date of arrival at the destination, or from the date on which the
aircraft ought to have arrived, or from the date on which the carriage stopped.

(2) The method of calculating the period of limitation shall be determined by the law of the
Court seized of the case.
b. Passenger rights

Joint DOTC-DTI Administrative Order No. 01, Series of 2012 entitled, “Providing for a Bill of
Rights for Air Passengers and Carrier Obligations” (attached)