The Warsaw Convention and Air Carrier Liability

I. This memorandum addresses the application of the Convention for the Unification of Certain Rules Relating to International Carriage by Air, commonly known as the Warsaw Convention, within the Philippine legal framework. It examines the treaty’s provisions on air carrier liability, its integration into domestic law, and the practical remedies available to passengers and consignors.
II. The Warsaw Convention, to which the Philippines is a signatory, is a treaty governing the rights and liabilities of parties in international air carriage. It applies to all international transportation of persons, baggage, or goods performed by aircraft for reward. Under the Philippine Constitution, a treaty becomes part of the law of the land upon ratification. The Convention was ratified and has the force of law, pre-empting the Civil Code and other domestic laws on matters it specifically covers, pursuant to the doctrine of pacta sunt servanda.
III. The Convention’s core principle is the presumption of liability. The carrier is liable for damage sustained in the event of death or bodily injury of a passenger, destruction or loss of or damage to checked baggage or cargo, and for damage occasioned by delay, provided the accident or event causing the damage took place on board the aircraft or in the course of any of the operations of embarking or disembarking.
IV. The carrier may exonerate itself from liability if it proves that it and its agents took all necessary measures to avoid the damage or that it was impossible for them to take such measures. Furthermore, the carrier is not liable if the damage was caused by or contributed to by the negligence of the injured person.
V. A fundamental feature of the Warsaw Convention is the establishment of limited liability. The limits, originally expressed in gold francs, have been increased by subsequent protocols. The Hague Protocol of 1955, also ratified by the Philippines, amended these limits. For passenger injury or death, the limit is 250,000 francs Poincaré (approximately US$20,000 under the old gold standard, but subject to modern conversion). For checked baggage and cargo, limits are based on weight. These limits are unbreakable unless the plaintiff proves the damage resulted from an act or omission of the carrier done with intent to cause damage or recklessly and with knowledge that damage would probably result.
VI. Jurisdiction for claims under the Convention is strictly defined. An action for damages must be brought, at the option of the plaintiff, in the territory of one of the High Contracting Parties, either before the court of the domicile of the carrier, the carrier’s principal place of business, the place where the carrier has an establishment by which the contract was made, or the place of destination. For claims arising from incidents involving Philippine carriers or having a destination in the Philippines, Philippine courts may properly assume jurisdiction.
VII. The period of limitation for bringing an action is two years, reckoned from the date of arrival at the destination, or the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. This prescriptive period is absolute and is not subject to interruption or suspension under domestic rules on prescription, making strict compliance imperative.
VIII. The notice requirement for baggage and cargo claims is critical. In the case of damage to checked baggage or cargo, the person entitled to delivery must complain to the carrier forthwith after discovery of the damage and, at the latest, within seven days for baggage and fourteen days for cargo from the date of receipt. For delay, the complaint must be made within twenty-one days from the date the baggage or cargo was placed at the disposer’s disposal. Failure to lodge a timely complaint is prima facie evidence that the baggage or cargo was delivered in good condition.
IX. Practical Remedies. For passengers and consignors, immediate steps following an incident are crucial. First, document all damages, injuries, and delays with photographs, medical reports, and written accounts. For baggage or cargo issues, submit a written Property Irregularity Report (PIR) to the carrier’s airport office before leaving the arrival area to preserve the claim. Formally notify the carrier in writing of any claim, specifically citing the Warsaw Convention, well within the prescribed notice periods. Engage legal counsel familiar with aviation law at the earliest opportunity to evaluate the claim’s viability, the applicable liability limits, and the proper forum for litigation. Consider whether the facts may support a finding of “willful misconduct” to break the liability cap, though this is a high evidentiary burden. For death or serious injury claims, coordinate with the airline’s insurer, which is often involved from the outset. Given the treaty’s complex procedural and substantive rules, pursuing a claim without specialized legal assistance is highly inadvisable.