Northwest V Cuenca

Northwest (Airlines) v.
(Nicolas) Cuenca (and CA Special Sixth Division)

August 31, 1965
Concepcion
Digest by Arrow Pabiona
Topic: International Air Transportation; Liabilities under the Convention
Provisions: Warsaw Convention
ART. 17. The carrier shall be liable for damages sustained in the event of the d
eath or wounding of a passenger or any other bodily injury suffered by a passeng
er, 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
.
ART. 18. (1) The carrier shall be liable for damage sustained in the event of th
e destruction or loss of, or of damage to, any checked baggage, or any goods, if
the occurrence which caused the damage so sustained took place during the trans
portation by air.
(2) The transportation by air within the meaning of the preceding paragraph shal
l comprise the period during which the baggage or goods are in charge of the car
rier, whether in an airport or on board an aircraft, or, in the case of a landin
g outside an airport, in any place whatsoever.
(3) The period of the transportation by air shall not extend to any transportati
on by land, by sea, or by river performed outside an airport. If, however, such
transportation takes place in the performance of a contract for transportation b
y air, for the purpose of loading, delivery, or transhipment, any damage is pres
umed, subject to proof to the contrary, to have been the result of an event whic
h took place during the transportation by air.
ART. 19. The carrier shall be liable for damage occasioned by delay in the trans
portation by air of passengers, baggage, or goods.
Facts:
This an action for damages filed by Cuenca against Northwest Airlines (NWA) for
breach of contract. In the lower court, he was awarded, the sum of P20,000 as mo
ral damages, together with the sum of P5,000 as exemplary damages, with legal in
terest thereon from the date of the filing of complaint," December 12, 1959, "un
til fully paid, plus the further sum of P2,000 as attorney's fees and expenses o
f litigation."
In the CA, the decision was affirmed but modified as to the damages. They remove
d exemplary damages and converted the award for moral damages into nominal damag
es
NWA appealed to the SC with the following issues.
Issue 1: WON respondent has no cause of action?
Held: NO, respondent has a cause of action
Issue 2: WON lower court erred in awarding nominal damages?
Held: NO
Dispositive: WHEREFORE, the decision appealed from is hereby affirmed, with cos
ts against the petitioner. It is so ordered.
Ratio:
(1)
Petitioner argues that pursuant to the Warsaw Convention provisions above, an ai
r "carrier is liable only" in the event of death of a passenger or injury suffer
ed by him, or of destruction or loss of, or damage to any checked baggage or any
goods, or of delay in the transportation by air of passengers, baggage or goods
. This pretense is not borne out by the language of said Articles. The same mere
ly declare the carrier liable for damages in the enumerated cases, if the condit
ions therein specified are present. Neither said provisions nor others in the af
orementioned Convention regulate or exclude liability for other breaches of cont
ract by the carrier. Under petitioner's theory, an air carrier would be exempt f
rom any liability for damages in the event of its absolute refusal, in bad faith
, to comply with a contract of carriage, which is absurd.
(2)
There are special reasons why the P20,000.00 award in favor of respondent herein
is justified, even if said award were characterized as nominal damages. When hi
s contract of carriage was violated by the petitioner, respondent held the offic
e of Commissioner of Public Highways of the Republic of the Philippines. Having
boarded petitioner's plane in Manila with a first class ticket to Tokyo, he was,
upon arrival at Okinawa, transferred to the tourist class compartment. Although
he revealed that he was traveling in his official capacity as official delegate
of the Republic to a conference in Tokyo, an agent of petitioner rudely compell
ed him in the presence of other passengers to move, over his objection, to the t
ourist class, under threat of otherwise leaving him in Okinawa. In order to reac
h the conference on time, respondent had no choice but to obey.
It is true that said ticket was marked "W/L," but respondent's attention was not
called thereto. Much less was he advised that "W/L" meant "wait listed." Upon t
he other hand, having paid the first class fare in full and having been given fi
rst class accommodation as he took petitioner's plane in Manila, respondent was
entitled to believe that this was a confirmation of his first class reservation
and that he would keep the same until his ultimate destination, Tokyo. Then, too
, petitioner has not tried to explain or even alleged that the person to whom re
spondent's first class seat was given had a better right thereto. In other words
, since the offense had been committed with full knowledge of the fact that resp
ondent was an official representative of the Republic of the Philippines, the su
m of P20,000 awarded as damages may well be considered as merely nominal. At any
rate, considering that petitioner's agent had acted in a wanton, reckless and o
ppressive manner, said award may also be considered as one for exemplary damages
.

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Northwest (Airlines) v.

(Nicolas) Cuenca (and CA Special Sixth Division)

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