Transpo Discussion

WARSAW and Montreal Convenntion.

Atty. Capanas
Septembr 27, 2019

Applicable Laws

1. Art. 1766
 Degree of Diligence required for Air Line carriers. In WARSAW, there is no standard degree.
Hence,we apply the GR; which is ED.
 We will also apply the presumption on negligence.
Q: Care of Baggage.
A. Aquino said with respect to baggage, only due diligence. But Atty does not agree.
 We have to distinguish the kind of baggage.
o Hand-Carry – Due Diligence
o Check-in – extra ordinary diligence.
 Remember about the principles on upgrading, downgrading, overbooking, rude treatment.
 Prescription
o In NCC, it depends on the contract. And, there is no provision as to the prescriptive
period when it comes to air carriage.
o In WARSAW and Montreal, it’s 2 years.

2. MC 99 (art. 55)
 It has replaced or amended the WARSAW Convention in 1989.
 What is the impact?
 A: It is now governed by MC99, not the WARSAW.

3. RA 9497
 ATO was abolished because the Phil category has been downgraded. The Philippines would not
be granted if they have flights that they need from and to abroad.
 Specific body that would conduct airport/air carriage investigation.

WC29 MC99
Party: High contracting Party State Party
Purpose:
 Unification; it means it is the direction
of these conventions to have unified
documentation. Example, the
passenger’s ticket, baggage check-in
and airway bill.
 Uniformity of the limitations of liability.

Operation by Successive: Principal carrier or Contracting carrier and actual carrier.

ticket-issuing airline and endorsee airline or
carrying agent
What are covered for carriage: passengers, Passengers, baggage (checked and unchecked
baggage and goods baggage) and cargo
 Document to be issued for checked baggage:
baggage check
Applicability to other causes of action: “within
our jurisdiction, we have held that the Warsaw
Convention can be applied or ignored, dependent
on the peculiar facts presented by each case.
Limit: Compensation (death or injury to
passenrhers)(Art 22)
 Passenger Ticket -
Baggage identification tag
In the carriage og passengers, baggages and
cargo, any action for damages, however founded,
whether under this convention r in contract or in
tort or otherwise, can only be brought subject to
the conditions an such limits of liability as are set
out in the question as o who are the persons who
have the right to bring suit and what
 First Kind: not exceeding 100k SDRs for
each passenger; carrier shall not be able
to exclude or limit its liability.
 Second Kind – carrier shall not be liable in
excess of 100k SDrs