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1 RTC-Br. 97, Quezon City.

2 Convention for the Unification of Certain Rules Relating to International Transportation by Air. Philippine adherence embodied in Presidential Proclamation No. 201 signed on 23 September 1965 by President Ramon Magsaysay.

3 Willie J. Uy is a graduate of Master of Business Administration of the Ateneo Graduate School of Business, and Bachelor of Science and Marketing Management from De La Salle University as well as of Xavier School and Council High School of Idaho, USA. He is presently the Vice President for Operations of Phinma Property Holdings Corporation; Senior Vice-President/Chief Operating Officer of Phinma-Dee Construction Venture Corporation; Vice-President and General Manager of Trans-Oceanic Insurance Agencies, Inc; Treasurer of Phinma Fisheries, Inc.; Treasurer/Director of Uni-Products Company, Inc.; Asst. Vice-Pres./Asst. Treasurer of Phinma Consultants, Inc; Asst. Treasurer of Filmag (PHILS), Inc.; Vice-President of Fil-House of Consumer Products, Inc.; Vice-Pres. of Mariposa Properties, Inc.; Director of SANAEA International Corp.; and, Director of Southeast Asia Tour & Travel Corp.; Asst. Corporate Secretary/Director of Harrison Industrial Corporation.

4 Art. 1155, Civil Code.

5 With Justice Ruben T. Reyes as ponente and Justices Antonio M. Martinez and Consuelo Ynares-Santiago, concurring.

6 Rollo, p. 18.

7 Pan American World Airways, Inc. v. Espiritu, No. L-35401, 20 January 1976, 69 SCRA 36.

8 De las Alas v. Court of Appeals, No. L-38006, 16 May 1978, 83 SCRA 200; American Home Assurance Company v. Court of Appeals, No. L-45026, 12 November 1981, 109 SCRA 180.

9 Margate v. Court of Appeals, No. L-42366, 15 December 1982, 119 SCRA 259.

10 Ibid.

11 See Note 7.

12 Ibid.

13 Split End Ltd. v. Dimerco Express (Phils.), 19 Avi. 18363, as cited in Petition; Rollo, p. 12.

14 Alitalia v. Intermediate Appellate Court, G.R. No. 71929, 4 December 1990, 192 SCRA 9.

15 Ibid.

16 Ibid.

17 Cathay Pacific Airways Ltd. v. Court of Appeals, G.R. No. 60501, 5 March 1993, 219 SCRA 520; Luna v. Northwestern Airways, G.R. Nos. 100374-75, 27 November 1992, 216 SCRA 107.

18 Ibid.

19 G.R. No. 119706, 14 March 1996, 255 SCRA 48.

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