ChanRobles Virtual law Library

[ G.R. No. 137138. March 17, 1999]

MARIA L. LOPEZ vs. NORTHWEST AIRLINES, INC.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAR 17, 1999.

G.R. No. 137138 (Maria L. Lopez vs. Northwest Airlines, Inc.)

This petition seeks to reverse the decision of the Court of Appeals which sustained the judgment of the Regional Trial Court dismissing an action for damages filed by petitioner Maria L. Lopez against respondent Northwest Airlines, Inc. for breach of contract of carriage.

Records reveal that on May 25, 1987, petitioner purchased a round trip ticket with No. 844-3546771-2 from respondent New York, U.S.A. The ticket had the following destinations: departing New York for Manila on June 13, 1987 and departing Manila for New York on July 10, 1987. Petitioner's bookings were confirmed on all said flights. Consequently, petitioner arrived in Manila on June 13, 1987. On July 7, 1987, she went to respondent's office in Makati City to check on her flight for July 10, 1987 and she was told that she will have to be waitlisted as her booking was cancelled for her failure to reconfirm her booking at least 72 hours before the scheduled flight. Petitioner was then re-booked and took the flight on July 11, 1987.

Petitioner filed an action for damages for the respondent's alleged breach of contract of carriage.

On July 5, 1993, the Regional Trial Court of Makati, Branch 65, rendered a decision dismissing the complaint on the ground that there was no breach of contract of carriage because the cancellation of petitioner's booking was due to her failure to reconfirm her booking at least 72 hours prior to her scheduled departure on July 10, 1987 as was required by the respondent's rules.

On appeal, said decision was affirmed by the Court of Appeals on July 31, 1998.

Hence, this petition for review.

The only issue raised in this petition involves the factual findings of the trial court as affirmed by the Court of Appeals that petitioner failed to reconfirm her departure flight within the stipulated time and therefore, there was no breach of contract of carriage which would entitle respondent to moral, exemplary and other forms of damages.

We find the factual findings of both courts fully supported by substantial evidence on the record.

ACCORDINGLY, the Court Resolved to DENY the petition.

Very truly yours,

VIRGINIA ANCHETA-SORIANO

Clerk of Court

Back to Home | Back to Main

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE