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    Savellano Vs Northwest Case Digest

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    mariafrancia
    Victorino Savellano and others filed a case against Northwest Airlines for damages after their flight from San Francisco to Manila had an engine problem requiring an emergency landing in Seattle. Northwest then rerouted the passengers through Los Angeles and Seoul instead of the original itinerary, causing inconvenience. The court ruled that changing the flight plan without notice breached the contract of carriage, but did not award moral damages as there was no evidence of malice by the airline.

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    Savellano Vs Northwest Case Digest

    Uploaded by

    mariafrancia
    127 views1 page
    Victorino Savellano and others filed a case against Northwest Airlines for damages after their flight from San Francisco to Manila had an engine problem requiring an emergency landing in Seattle. Northwest then rerouted the passengers through Los Angeles and Seoul instead of the original itinerary, causing inconvenience. The court ruled that changing the flight plan without notice breached the contract of carriage, but did not award moral damages as there was no evidence of malice by the airline.

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    Transportation Case

    Original Title

    Savellano vs Northwest Case Digest

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    Victorino Savellano and others filed a case against Northwest Airlines for damages after their flight from San Francisco to Manila had an engine problem requiring an emergency landing in Seattle. Northwest then rerouted the passengers through Los Angeles and Seoul instead of the original itinerary, causing inconvenience. The court ruled that changing the flight plan without notice breached the contract of carriage, but did not award moral damages as there was no evidence of malice by the airline.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    127 views1 page

    Savellano Vs Northwest Case Digest

    Uploaded by

    mariafrancia
    Victorino Savellano and others filed a case against Northwest Airlines for damages after their flight from San Francisco to Manila had an engine problem requiring an emergency landing in Seattle. Northwest then rerouted the passengers through Los Angeles and Seoul instead of the original itinerary, causing inconvenience. The court ruled that changing the flight plan without notice breached the contract of carriage, but did not award moral damages as there was no evidence of malice by the airline.

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    © All Rights Reserved
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    of 1

    Victorino Savellano, Virginia B. Savellano and Deogracias B.

    Savellano,
    petitoners, vs Northwest Airlines, respondent.
    GR No. 151783 July 8, 2003

    FACTS:
    On October 27, 1991 the petitioners departed from San Francisco, USA on board
    Northwest Airlines Flight 27, Business Class, bound for Manila, Philippines
    using a roundtrip tickets which were issued at respondents Manila ticketing
    office. After being airborne, the pilot made an emergency landing in Seattle after
    announcing that a fire had started in one of the plane engines. The passengers
    were brought to a hotel. At around midnight they were awakened by a phone call
    from Northwest Airlines personnel that they would be leaving early the next day
    and they would be taking the Seattle-Tokyo-Manila route. Upon arrival at the
    airport, they were again advised that they will take another route which is the
    Seattle-Los Angeles-Seoul-Manila. Upon arrival of the Savellanos in Manila, they
    were teased for taking a longer and tiresome route. Also, their luggage had been
    ransacked and valuable items inside have gone missing. The Savellanos
    demanded damages on the ground that they suffered inconvenience,
    embarrassment and humiliation for taking a longer route. The RTC ruled in
    favor of the Petitioners however, on appeal by the respondent, the decision was
    reversed by the Court of Appeals. Hence, this case.

    ISSUE/S:

    1. Whether or not the bump off was a breach of air carriage contract.
    2. Whether or not the Savellanos was entitled to actual, moral, and
    exemplary damages.

    RULING:

    The petition is partly meritorious.

    1. Yes. There is nothing in the condition in the contract of carriage authorizing


    Northwest Airlines to decide unilaterally after the distressed flight landed in
    Seattle, what other stopping places petitioners should take and when they
    should fly. Substituting aircrafts or carriers without notice is entirely different
    from changing stopping places or connecting cities without notice. More
    importantly, the clause only allows the change by showing necessity and the
    airline company has not been able to demonstrate that there was necessity to
    change flight itinerary.
    2. No moral damages can be adjudged against the airline company since the
    evidence show that the staff of the airline company was motivated to have the
    plaintiffs reach their final destination by any means, and there is no showing that
    there was motivation for profit, malice or self-interest.

    Lopez, Zulueta and Ortigas rulings are not applicable as alleged by the Plaintiffs
    in their claim. In Lopez, despite sufficient time--- one month--- to inform the
    passengers of what happened to the booking, the airline agent intentionally
    withheld that information from them. In Zulueta, the passenger was deliberately
    off-loaded after being gravely insulted during an altercation. And in Ortigas, the
    passengers was intentionally downgraded in favor of a European. All are
    inapplicable in this case.

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