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Commercial Law Final - Docx 1
Commercial Law Final - Docx 1
petitioner and respondent, with the former endorsing to PAL the Hong Kong-to-
Manila segment of the journey. Such contract of carriage has always been
treated in this jurisdiction as a single operation. This jurisprudential rule is
supported by the Warsaw Convention, to which the Philippines is a party, and
[22]
had occurred, not on its own flight, but on that of another airline. The Decision
followed our ruling in Lufthansa German Airlines v. Court of Appeals, in which
[27]
we had held that the obligation of the ticket-issuing airline remained and did not
cease, regardless of the fact that another airline had undertaken to carry the
passengers to one of their destinations.
In the instant case, following the jurisprudence cited above, PAL acted as
the carrying agent of CAL. In the same way that we ruled against British Airways
and Lufthansa in the aforementioned cases, we also rule that CAL cannot
evade liability to respondent, even though it may have been only a ticket issuer
for the Hong Kong-Manila sector.