Gonzales Rafael Francesco

Transportation B
Carriers in air carriage are bound to perform the following:
1. Exercise extraordinary diligence in the operation of the aircraft
As is common with the other kinds of carriers, air carriers are bound to exercise extraordinary diligence in
the performance of their duties as well. It might even be said that more pressure is given to air carriers by
the public to exercise a certain level of extraordinary prudence, given the number of events that have
occurred in recent history regarding airline tragedies. Thus, most of the duties to be performed by air
carriers are simply extensions of the duty to exercise extraordinary diligence.
2. Ensure airworthiness
The airworthiness of an aircraft is defined as that quality possessed by an aircraft wherein it is equipped
with proper components and accessories and that these are of proper design and construction in that they
are consistent with accepted engineering practices and are aerodynamically sound. The duty to keep an
aircraft airworthy is necessary in that the same is necessary for passenger and cargo safety. The business
of air carriage is a necessarily precarious one wherein the possibility of dire consequences is greater than
that of carriage by land or sea. This duty is in keeping with the exercise of extraordinary diligence
3. Ensure that the vessel is sufficiently manned
This is, again, in keeping with ensuring that the passengers and cargo are transported safely. A vessel is
sufficiently manned not when it possesses a sufficient number crew members, but the persons employed
must possess the necessary qualification as determined by CAAP and they must also be fit to perform
their duties under the circumstances. This, again, is another aspect of extraordinary diligence.
4. Care for passenger’s baggage
While air carriers are bound to inspect the baggage of passenger’s the same must be done with due care
and respect to the property therein. Baggage that are checked in are treated in the same manner as goods
that are shipped, and damage, deterioration, or loss of the same shall be necessarily imputed upon the
carrier subject to the exceptions given in the carriage of goods and the limited liability provision laid out
in the Warsaw Convention for international air carriage wherein the maximum liability of each individual
passenger is two hundred and fifty thousand Francs without prejudice to a declaration by the passenger of
a higher amount which must be accepted by both parties.
5. Accept and board passengers with tickets if the same had presented themselves at the
proper time at the proper place
If a passenger possesses a ticket and has presented himself in a timely manner in the proper place, then
the air carrier is bound to accept him except if it would result in overbooking. In such a case then
Economic Regulation number 7 as issued by the CAB shall apply, where passengers for domestic flights
are given the entire value of the first remaining flight coupon plus one hundred and fifty pesos, and where
passengers of international flights are also given the entire amount of the first remaining flight coupon
with the maximum amount thereof at one thousand and five hundred pesos plus an amount not exceeding
five hundred pesos. Economic Regulation no. 7 shall not apply in case of deliberate overbooking,
however. If the overbooking is done in bad faith, then the provisions regarding the specific liabilities shall
not apply but instead the deliberately overbooked passenger shall be entitled to damages.
 6. Inspect aircraft and cargo
This is again, in keeping with the extraordinary diligence of air carriers. Air transportation is of a peculiar
nature in comparison to the other two ways of transporting goods and passengers wherein the air carrier is
not only given the right to inspect the passenger’s baggage but it is given the obligation to do the same.
Thus, the ruling in Nocum vs Tayabas cannot be made to apply. The fact is that greater danger is caused
when a parcel of a dangerous nature is allowed on board an aircraft as compared to a road vehicle or sea
vessel. However, while they are obliged to inspect the baggage of passengers, the same must be done with
due respect to the feelings of the passenger. The inspection must not be done in an oppressive or
discriminatory manner that would leave the passenger with mental anguish and emotional suffering.
7. Be accommodating to passengers and afford them with kindness, respect, fairness, and
courtesy
Air carriers are not only reminded to ensure that their employee treat their passengers, the general public,
and their customers with respect, kindness, fairness, and courtesy, but they are strictly admonished to do
so. So great and important is this duty that it is not merely given as a reminder but as something that is to
be strictly followed. If the same is breached then the passenger is entitled to damages, the nature of
damages to be determined by the circumstances of each case. Thus, it was held in the case of
Northwestern v. Laya that even though the passenger was not being discriminated against as he alleged,
he was still entitle to moral and exemplary damages since he had been treated in such a curt and rude
manner that he had been humiliated causing great mental stress and emotional suffering.