Académique Documents
Professionnel Documents
Culture Documents
v
CA
FACTS:
1. Rolando
Torres
is
in
a
special
mission
to
purchase
firearms
for
the
Philippine
Senate.
2. He
purchased
a
roundtrip
ticket
from
Northwest
Airlines
for
his
travel
to
Chicago
and
back
to
Manila.
3. On
his
way
back
to
Manila,
Northwest
Airlines
required
the
baggage
to
be
opened
and
the
authorization
from
the
Philippine
Government
and
the
purchase
receipts.
Northwest
sealed
the
baggage
with
the
firearm
and
put
a
tag
Contains
Firearms.
4. Upon
arrival
in
Manila,
Torres
was
not
able
to
claim
the
baggage
with
the
firearm.
He
was
informed
by
Northwest
that
his
baggage
containing
the
firearms
was
recalled
back
to
Chicago
by
Northwest
for
US
Customs
Verification.
5. When
Torres
claimed
his
bag,
he
found
out
that
the
firearms
were
missing.
A
Personal
Property
Missing
Damage
Report
was
issued
by
Northwest
to
Torres.
6. Northwest
refused
to
settle
amicably
which
prompted
Torres
to
file
a
case
before
the
trial
court.
7. In
Northwests
answer
it
pleaded:
It
was
the
agents
from
US
Customs
who
ordered
the
return
of
the
opens
When
the
baggage
was
opened,
the
box
contained
no
firearms.
Since
there
were
no
firearms,
the
baggage
that
Torres
have
when
he
arrived
in
Manila
must
have
contained
the
firearms.
8. Northwest
filed
a
Motion
to
Dismiss
by
way
of
Demurrer
to
Evidence
with
Motion
for
Summary
Judgment.
Dismissal
of
the
complaint
in
so
far
as
it
prays
for
moral,
exemplary
and
temperate
damages
and
attorneys
fees.
Summary
judgment
to
award
plaintiff
actual
damages
within
the
provisions
of
the
Warsaw
Convention.
Warsaw
convention
and
the
contract
of
carriage
limited
its
liability
to
US
640
and
that
the
evidence
presented
by
Torres
did
not
entitle
him
to
reimbursement
from
any
damages.
9. Instead
of
ruling
on
Northwests
Motion,
the
trial
court
rendered
a
full
blown
decision
against
Northwest
$9,0009
in
its
peso
equivalent
representing
the
value
of
the
firearms
-
Was
grounded
on
the
TC
finding
that
the
act
of
Northwests
personnel
in
Tokyo
Airport
in
just
guessing
which
baggage
contained
the
firearm
was
careless
and
imprudent.
This
is
a
willful
misconduct
which
brought
the
case
beyond
the
application
of
the
Warsaw
Convention.
Attorneys
fees
Expenses
of
litigation
Moral
Damages.
-The
following
were
grounded
on
the
fact
that
Northwests
unjustifiable
refusal
to
settle
his
claim
prompting
him
to
litigate
in
order
to
assert
his
right.
10. Upon
appeal,
CA
sustained
TC
judgment
as
to
the
amount
of
actual
damages
but
set
aside
the
rest
of
the
decision.
Torres
assert:
-Failure
of
the
TC
to
award
the
damages
prayed
for
by
him.
Northwest
assert:
-The
case
was
prematurely
resolved
because
the
TC
prevented
them
from
presenting
evidence,
thereby,
denying
them
due
process.
CAs
ruling:
-The
TC
erred
in
determining
by
way
of
summary
judgment
in
the
amount
of
damages
for
under
Section
3
of
Rule
34,
a
summary
judgment
may
be
rendered
upon
a
proper
motion
except
as
to
the
amount
of
damages.
-Northwest
moved
for
summary
judgment
only
on
the
issue
of
actual
damages
only.
-Northwest
moved
for
the
dismissal
of
Torres
claims
by
way
of
demurrer
to
evidence.
-Thus,
the
TC
can
not
dispose
of
the
case
on
its
entirety.
On
the
demurrer
to
evidence,
the
TC
may
either
deny
or
grant
it.
If
it
is
granted,
the
TC
should
allow
Northwest
to
present
its
evidence.
If
denied,
no
award
for
damages
should
have
been
made.
-Since
the
demurrer
was
impliedly
denied,
Northwest
should
have
presented
their
evidence.
11.
Hence,
this
petition
Northwests
contention
-The
loss
of
firearms
was
disputed
-The
finding
of
willful
misconduct
was
arbitrary
-Torres
failed
to
produce
a
US
license
for
the
shipment
of
firearms.
Torres
contention:
-CA
erred
in
setting
aside
the
decision
of
TC
as
to
the
award
of
damages
ISSUE:
W/N
the
TC
erred
in
determining
by
way
of
summary
judgment
in
the
amount
of
damages.
HELD:
YES.
1. Summary
judgment
is
allowed
if,
except
as
to
the
amount
of
damages,
there
is
no
genuine
issue
as
to
any
material
fact
and
the
moving
party
is
entitled
to
a
judgment
as
a
matter
of
law.
In
the
case
at
bar,
NORTHWEST,
the
defending
party,
moved
for
summary
judgment
on
the
claim
for
actual
damages
after
TORRES
had
presented
his
evidence
in
chief.
This
was
allowed
by
Section
2
where
the
motion
may
be
filed
at
any
time
as
distinguished
from
section
1
where
the
claimant,
like
TORRES,
may
file
the
motion
at
any
time
after
the
answer
is
filed.
Northwest
denied
in
its
Answer
all
the
material
allegations
in
the
complaint.
It
contended
that
assuming
that
the
firearms
were
lost,
their
liability
was
limited
by
the
Warsaw
Convention.
Thus,
in
submitting
for
summary
judgment
the
matter
of
its
liability
only
to
the
maximum
allowed
in
the
Warsaw
Convention,
Northwest
hypothetically
admitted
that
the
firearms
were
lost.
-Northwest
did
not
waive
the
presentation
of
evidence
that
it
was
not
in
fact
liable
for
the
alleged
loss
of
firearms.
It
could
still
prove
that
it
was
not
liable
beyond
what
the
Warsaw
Convention
provided.
Thus,
there
remain
a
genuine
issue
on
the
fact
and
amount
of
actual
damages.
Thus,
a
summary
judgment
was
not
in
order.