China Airlines vs Chiok

January 4, 2018 | Author: Abbot Reyes | Category: N/A
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China Airlines vs. Chiok G.R. No. 152122. July 30, 2003 Facts: Daniel Chiok purchased from China Airlines a passenger ticket for air transportation covering Manila-Taipei-Hong Kong-Manila. The said ticket was exclusively endorsable to PAL. Before Chiok his trip, the trips covered by the ticket were pre-scheduled and confirmed by the former. When petitioner arrived in Taipei, he went to CAL to confirm his Hong Kong- Manila trip on board PAL. The CAL office attached a yellow sticker indicating the status was OK. When Chiok reached Hong Kong, he then went to PAL office to confirm his flight back to Manila. The PAL also confirmed the status of his ticket and attached a ticket indicating a status OK. Chiok proceeded to Hong Kong airport for his trip to Manila. However, upon reaching the PAL counter, he was told that the flight to Manila was cancelled due to typhoon. He was informed that all confirmed flight ticket holders of PAL were automatically booked for the next flight the following day.

The next day, Chiok was not able to board the plane because his name did not appear on the computer as passenger for the said flight to Manila. Issue: Whether or not CAL is liable for damages? Held: The contract of air transportation between the petitioner and respondent, with the former endorsing PAL the segment of Chiok’s journey. Such contract of carriage has been treated in this jurisprudence as a single operation pursuant to Warsaw Convention, to which the Philippines is a party. In the instant case, PAL as the carrying agent of CAL, the latter cannot evade liability to respondent, Chiok, even though it may have been only a ticket issuer for Hong Kong- Manila sector.

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