CASE DIGEST: TRANSPORTATION LAW

Case Title: Pan American Airways v. IAC

Citation: G.R. 70642
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FACTS:

Jose Rapaldas is on board a flight for Pan Am Flight 841 from Guam to Manila. While standing
in line to board the flight at the Guam airport, Rapadas was ordered by Pan Am's handcarry
control agent to check-in his Samsonite attache case. Rapadas protested pointed to the fact that
other co-passengers were permitted to handcarry bulkier baggages. But for fear that he would
miss the flight, he agreed to check it in. He gave his attache case to his brother who happened to
be around without declaring its contents or the value of its contents.

Upon his arrival in Manila, he was given all his check-in baggages except the attache case.
Because Rapadas felt ill, he sent his son to request for search of the missing luggage. Eventually,
Rapadas received a letter from Pan Am's counsel offering to settle the claim for the sum of
$160.00 representing Pan Am's alleged limit of liability for loss or damage to a passenger's
personal property under the contract of carriage between Rapadas and Pan Am.

ISSUE:

Is Pan American Airways liable for the lost check-in baggage?

COURT RULING:

Notice of limited liability in airline tickets

On page 2 of the airline ticket, it states that the Warsaw Convention governs in case of death or
injury to the passenger or of loss, damage or destruction to a passenger's luggage. It says:

"If the passenger's journey involves an ultimate destination or stop in a country, the Warsaw
Convention may be applicable and the conversation governs and in most cases, limits the
liability of carriers for death or personal injury and in respect of loss or damage to baggage."

Passenger is expected to be vigilant with respect to his baggages

In this case, Rapadas actually manifested a disregard with the airline rules insofar as his
baggages are concerned. He failed to state the value of the said check-in baggage and failed to
remove whatever check-in valuables he had in which should have been placed in his allowable
hand-carry baggage instead.

Cecille Carmela delos Reyes

PCU- College of Law