32 Lhuiller V British Airways

4/27/2016 SUPREME COURT REPORTS ANNOTATED VOLUME 615
petitioner Titan Construction Corporation of the amounts

it paid to Martha S. David in the appropriate action before
the proper court.
SO ORDERED.
Carpio (Chairperson), Brion, Abad and Perez, JJ.,

concur.
Petition denied, judgment and resolution affirmed.
Note.—By express provision of Article 124 of the Family

Code, in the absence of (court) authority or written consent
of the other spouse, any disposition or encumbrance of the
conjugal property shall be void. (Alinas vs. Alinas, 551
SCRA 154 [2008])
——o0o——
G.R. No. 171092. March 15, 2010.*
EDNA DIAGO LHUILLIER, petitioner, vs. BRITISH

AIRWAYS, respondent.
Civil Law; Common Carriers; Warsaw Convention; Damages;

It is settled that the Warsaw Convention has the force and effect of
law in this country.—It is settled that the Warsaw Convention
has the force and effect of law in this country. In Santos III v.
Northwest Orient Airlines, 210 SCRA 256 (1992), we held that:
The Republic of the Philippines is a party to the Convention for
the Unification of Certain Rules Relating to International
Transportation by Air, otherwise known as the Warsaw
Convention. It took effect on February 13, 1933. The Convention
was concurred in by the Senate, through its Resolution No. 19, on
May 16, 1950. The Philippine instrument of accession was signed
by President Elpidio Quirino on October 13, 1950, and was
deposited with the Polish government on November 9,
_______________
http://www.central.com.ph/sfsreader/session/0000015454ca844d13780b70003600fb002c009e/t/?o=False 1/20
* SECOND DIVISION.
381
VOL. 615, March 15, 2010 381
Lhuillier vs. British Airways
1950. The Convention became applicable to the Philippines on

February 9, 1951. On September 23, 1955, President Ramon
Magsaysay issued Proclamation No. 201, declaring our formal
adherence thereto, “to the end that the same and every article and
clause thereof may be observed and fulfilled in good faith by the
Republic of the Philippines and the citizens thereof.” The
Convention is thus a treaty commitment voluntarily assumed by
the Philippine government and, as such, has the force and effect
of law in this country.
Same; Same; Same; Same; Meaning of “International
Carriage.”—For the purposes of this Convention the expression
“international carriage” means any carriage in which, according
to the contract made by the parties, the place of departure and the
place of destination, whether or not there be a break in the
carriage or a transhipment, are situated either within the
territories of two High Contracting Parties, or within the territory
of a single High Contracting Party, if there is an agreed stopping
place within a territory subject to the sovereignty, suzerainty,
mandate or authority of another Power, even though that Power
is not a party to this Convention. A carriage without such an
agreed stopping place between territories subject to the
sovereignty, suzerainty, mandate or authority of the same High
Contracting Party is not deemed to be international for the
purposes of this Convention.
Same; Same; Same; Same; Place where plaintiff may bring
the action for damages.—Under Article 28(1) of the Warsaw
Convention, the plaintiff may bring the action for damages before
—the court where the carrier is domiciled; 2. the court where the
carrier has its principal place of business; 3. the court where the
carrier has an establishment by which the contract has been
made; or 4. the court of the place of destination.
Same; Same; Same; Jurisdiction; Article 28(1) of the Warsaw
Convention is jurisdictional in character.—We further held that
Article 28(1) of the Warsaw Convention is jurisdictional in
character. Thus: A number of reasons tends to support the
characterization of Article 28(1) as a jurisdiction and not a venue

provision. First, the wording of Article 32, which indicates the
places where the action for damages “must” be brought,
underscores the mandatory nature of Article 28(1). Second, this
characterization is consistent with one of the objectives of the
Convention, which is to “regulate in a uniform
382
382 SUPREME COURT REPORTS ANNOTATED
manner the conditions of international transportation by air.”

Third, the Convention does not contain any provision prescribing
rules of jurisdiction other than Article 28(1), which means that
the phrase “rules as to jurisdiction” used in Article 32 must refer
only to Article 28(1). In fact, the last sentence of Article 32
specifically deals with the exclusive enumeration in Article 28(1)
as “jurisdictions,” which, as such, cannot be left to the will of the
parties regardless of the time when the damage occurred.
Remedial Law; Jurisdiction; Voluntary Appearance; A
defendant who files a motion to dismiss assailing the jurisdiction
of the court over his person together with other grounds raised
therein is not deemed to have appeared voluntarily before the
court.—The second sentence of Sec. 20, Rule 14 of the Revised
Rules of Civil Procedure clearly provides: Sec. 20. Voluntary
appearance.—The defendant’s voluntary appearance in the action
shall be equivalent to service of summons. The inclusion in a
motion to dismiss of other grounds aside from lack of jurisdiction
over the person of the defendant shall not be deemed a voluntary
appearance. Thus, a defendant who files a motion to dismiss,
assailing the jurisdiction of the court over his person, together
with other grounds raised therein, is not deemed to have
appeared voluntarily before the court. What the rule on voluntary
appearance—the first sentence of the abovequoted rule—means
is that the voluntary appearance of the defendant in court is
without qualification, in which case he is deemed to have waived
his defense of lack of jurisdiction over his person due to improper
service of summons.
PETITION for review on certiorari of an order of the

Regional Trial Court of Makati City, Br. 132.
The facts are stated in the opinion of the Court.
PJL Legal Services Group for petitioner.
A.Q. Ancheta & Partners for respondent.
383
VOL. 615, March 15, 2010 383

DEL CASTILLO, J.:

Jurisdictio est potestas de publico introducta cum
necessitate juris dicendi. Jurisdiction is a power introduced
for the public good, on account of the necessity of
dispensing justice.1
Factual Antecedents
On April 28, 2005, petitioner Edna Diago Lhuillier filed
a Complaint2 for damages against respondent British
Airways before the Regional Trial Court (RTC) of Makati
City. She alleged that on February 28, 2005, she took
respondent’s flight 548 from London, United Kingdom to
Rome, Italy. Once on board, she allegedly requested Julian
Halliday (Halliday), one of the respondent’s flight
attendants, to assist her in placing her handcarried
luggage in the overhead bin. However, Halliday allegedly
refused to help and assist her, and even sarcastically
remarked that “If I were to help all 300 passengers in this
flight, I would have a broken back!”
Petitioner further alleged that when the plane was
about to land in Rome, Italy, another flight attendant,
Nickolas Kerrigan (Kerrigan), singled her out from among
all the passengers in the business class section to lecture
on plane safety. Allegedly, Kerrigan made her appear to
the other passengers to be ignorant, uneducated, stupid,
and in need of lecturing on the safety rules and regulations
of the plane. Affronted, petitioner assured Kerrigan that
she knew the plane’s safety regulations being a frequent
traveler. Thereupon, Kerrigan allegedly thrust his face a
mere few centimeters away from that of the petitioner and
menacingly told her that “We don’t like your attitude.”
Upon arrival in Rome, petitioner complained to
respondent’s ground manager and demanded an apology.
However,
_______________
1 50 C.J.S. 1089.

2 Records, pp. 15.
384

the latter declared that the flight stewards were “only

doing their job.”
Thus, petitioner filed the complaint for damages,
praying that respondent be ordered to pay P5 million as
moral damages, P2 million as nominal damages, P1 million
as exemplary damages, P300,000.00 as attorney’s fees,
P200,000.00 as litigation expenses, and cost of the suit.
On May 16, 2005, summons, together with a copy of the
complaint, was served on the respondent through Violeta
Echevarria, General Manager of EuroPhilippine Airline
Services, Inc.3On May 30, 2005, respondent, by way of
special appearance through counsel, filed a Motion to
Dismiss4 on grounds of lack of jurisdiction over the case
and over the person of the respondent. Respondent alleged
that only the courts of London, United Kingdom or Rome,
Italy, have jurisdiction over the complaint for damages
pursuant to the Warsaw Convention,5 Article 28(1) of
which provides:
“An action for damages must be brought at the option of the

plaintiff, either before the court of domicile of the carrier or his
principal place of business, or where he has a place of business
through which the contract has been made, or before the court of
the place of destination.”
Thus, since a) respondent is domiciled in London; b)

respondent’s principal place of business is in London; c)
petitioner bought her ticket in Italy (through Jeepney
Travel S.A.S, in Rome);6 and d) Rome, Italy is petitioner’s
place of destination, then it follows that the complaint
should only be
_______________
3 Id., at p. 11.
4 Id., at pp. 1216.
5 Convention for the Unification of Certain Rules Relating To
International Transportation by Air, signed at Warsaw on October 12,
1929.
6 Records, p. 8.
385
VOL. 615, March 15, 2010 385

filed in the proper courts of London, United Kingdom or

Rome, Italy.
Likewise, it was alleged that the case must be dismissed
for lack of jurisdiction over the person of the respondent
because the summons was erroneously served on Euro
Philippine Airline Services, Inc. which is not its resident
agent in the Philippines.
On June 3, 2005, the trial court issued an Order
requiring herein petitioner to file her Comment/Opposition
on the Motion to Dismiss within 10 days from notice
thereof, and for respondent to file a Reply thereon.7 Instead
of filing a Comment/Opposition, petitioner filed on June 27,
2005, an Urgent ExParte Motion to Admit Formal
Amendment to the Complaint and Issuance of Alias
Summons.8 Petitioner alleged that upon verification with
the Securities and Exchange Commission, she found out
that the resident agent of respondent in the Philippines is
Alonzo Q. Ancheta. Subsequently, on September 9, 2005,
petitioner filed a Motion to Resolve Pending Incident and
Opposition to Motion to Dismiss.9
Ruling of the Regional Trial Court
On October 14, 2005, the RTC of Makati City, Branch
132, issued an Order10 granting respondent’s Motion to
Dismiss. It ruled that:
“The Court sympathizes with the alleged illtreatment suffered

by the plaintiff. However, our Courts have to apply the principles
of international law, and are bound by treaty stipulations entered
into by the Philippines which form part of the law of the land.
One of this is the Warsaw Convention. Being a signatory thereto,
the Philippines adheres to its stipulations and is bound by its
provisions in
_______________
7 Id., at p. 21
8 Id., at pp. 2527.
9 Id., at pp. 3741.
10 Id., at pp. 5657; penned by Judge Rommel O. Baybay. Emphasis in the
original text.
386

cluding the place where actions involving damages to plaintiff

is to be instituted, as provided for under Article 28(1) thereof. The
Court finds no justifiable reason to deviate from the indicated
limitations as it will only run counter to the provisions of the
Warsaw Convention. Said adherence is in consonance with the
comity of nations and deviation from it can only be effected
through proper denunciation as enunciated in the Santos case
(ibid). Since the Philippines is not the place of domicile of the
defendant nor is it the principal place of business, our courts are
thus divested of jurisdiction over cases for damages. Neither was
plaintiff’s ticket issued in this country nor was her destination
Manila but Rome in Italy. It bears stressing however, that
referral to the court of proper jurisdiction does not constitute
constructive denial of plaintiff’s right to have access to our courts
since the Warsaw Convention itself provided for jurisdiction over
cases arising from international transportation. Said treaty
stipulations must be complied with in good faith following the
time honored principle of pacta sunt servanda.
The resolution of the propriety of service of summons is
rendered moot by the Court’s want of jurisdiction over the instant
case.
WHEREFORE, premises considered, the present Motion to
Dismiss is hereby GRANTED and this case is hereby ordered
DISMISSED.”
Petitioner filed a Motion for Reconsideration but the

motion was denied in an Order11 dated January 4, 2006.
Petitioner now comes directly before us on a Petition for
Review on Certiorari on pure questions of law, raising the
following issues:
Issues
I. WHETHER XXX PHILIPPINE COURTs HAVE

JURISDICTION OVER A TORTIOUS CONDUCT COMMITTED
AGAINST A FILIPINO CITIZEN AND RESIDENT BY AIRLINE
PERSONNEL OF A FOREIGN CARRIER TRAVELLING
BEYOND THE TERRITORIAL LIMIT OF ANY FOREIGN
COUNTRY; AND THUS IS OUTSIDE THE AMBIT OF THE
WARSAW CONVENTION.
_______________
11 Id., at p. 75.
387
VOL. 615, March 15, 2010 387

II. WHETHER X X X RESPONDENT AIR CARRIER OF

PASSENGERS, IN FILING ITS MOTION TO DISMISS BASED
ON LACK OF JURISDICTION OVER THE SUBJECT MATTER
OF THE CASE AND OVER ITS PERSON MAY BE DEEMED AS
HAVING IN FACT AND IN LAW SUBMITTED ITSELF TO THE
JURISDICTION OF THE LOWER COURT, ESPECIALLY SO,
WHEN THE VERY LAWYER ARGUING FOR IT IS HIMSELF
THE RESIDENT AGENT OF THE CARRIER.
Petitioner’s Arguments
Petitioner argues that her cause of action arose not from
the contract of carriage, but from the tortious conduct
committed by airline personnel of respondent in violation of
the provisions of the Civil Code on Human Relations. Since
her cause of action was not predicated on the contract of
carriage, petitioner asserts that she has the option to
pursue this case in this jurisdiction pursuant to Philippine
laws.
Respondent’s Arguments
In contrast, respondent maintains that petitioner’s claim
for damages fell within the ambit of Article 28(1) of the
Warsaw Convention. As such, the same can only be filed
before the courts of London, United Kingdom or Rome,
Italy.
Our Ruling
The petition is without merit.
The Warsaw Convention has the force
and effect of law in this country.
It is settled that the Warsaw Convention has the force
and effect of law in this country. In Santos III v. Northwest
Orient Airlines,12 we held that:
_______________
12 G.R. No. 101538, June 23, 1992, 210 SCRA 256.
387
VOL. 615, March 15, 2010 387

“The Republic of the Philippines is a party to the Convention

for the Unification of Certain Rules Relating to International
Transportation by Air, otherwise known as the Warsaw
Convention. It took effect on February 13, 1933. The Convention
was concurred in by the Senate, through its Resolution No. 19, on
May 16, 1950. The Philippine instrument of accession was signed
by President Elpidio Quirino on October 13, 1950, and was
deposited with the Polish government on November 9, 1950. The
Convention became applicable to the Philippines on February 9,
1951. On September 23, 1955, President Ramon Magsaysay
issued Proclamation No. 201, declaring our formal adherence
thereto, “to the end that the same and every article and clause
thereof may be observed and fulfilled in good faith by the Republic
of the Philippines and the citizens thereof.”
The Convention is thus a treaty commitment voluntarily
assumed by the Philippine government and, as such, has the force
and effect of law in this country.”13
The Warsaw Convention applies because

the air travel, where the alleged tortious
conduct occurred, was between the United
Kingdom and Italy, which are both signa
tories to the Warsaw Convention.
Article 1 of the Warsaw Convention provides:
1. This Convention applies to all international carriage of persons,

luggage or goods performed by aircraft for reward. It applies
equally to gratuitous carriage by aircraft performed by an air
transport undertaking.
2. For the purposes of this Convention the expression “international
carriage” means any carriage in which, according to the contract
made by the parties, the place of departure and the place of
destination, whether or not there be a break in the carriage or a
transhipment, are situated either within the territories of two
High Contracting Parties, or within the territory of a single High
Contracting Party, if there is an agreed stopping place within a
territory subject to the sovereignty,
_______________
13 Id., at pp. 260261.
389
VOL. 615, March 15, 2010 389

suzerainty, mandate or authority of another Power, even

though that Power is not a party to this Convention. A
carriage without such an agreed stopping place between
territories subject to the sovereignty, suzerainty, mandate
or authority of the same High Contracting Party is not
deemed to be international for the purposes of this
Convention. (Emphasis supplied)
Thus, when the place of departure and the place of

destination in a contract of carriage are situated within the
territories of two High Contracting Parties, said carriage is
deemed an “international carriage.” The High Contracting
Parties referred to herein were the signatories to the
Warsaw Convention and those which subsequently adhered
to it.14
In the case at bench, petitioner’s place of departure was
London, United Kingdom while her place of destination
was Rome, Italy.15 Both the United Kingdom16 and Italy17
signed and ratified the Warsaw Convention. As such, the
transport of the petitioner is deemed to be an
“international carriage” within the contemplation of the
Warsaw Convention.
Since the Warsaw Convention applies in
the instant case, then the jurisdiction
over the subject matter of the action is
governed by the provisions of the Warsaw Convention.
_______________
14 Mapa v. Court of Appeals, 341 Phil. 281, 295; 275 SCRA 286, 298
(1997).
15 Rollo, pp. 155157.
16 The United Kingdom signed the Warsaw Convention on October 12,
1929 and ratified the same on February 14, 1933. The Convention became
effective in the United Kingdom on March 15, 1933.
17 Italy signed the Warsaw Convention on October 12, 1929 and
ratified the same on February 14, 1933. The Convention became effective
in Italy on May 15, 1933.
390

Under Article 28(1) of the Warsaw Convention, the

plaintiff may bring the action for damages before—
1. the court where the carrier is domiciled;
2. the court where the carrier has its principal
place of business;
3. the court where the carrier has an
establishment by which the contract has been made;
or
4. the court of the place of destination.
In this case, it is not disputed that respondent is a
British corporation domiciled in London, United Kingdom
with London as its principal place of business. Hence,
under the first and second jurisdictional rules, the
petitioner may bring her case before the courts of London
in the United Kingdom. In the passenger ticket and
baggage check presented by both the petitioner and
respondent, it appears that the ticket was issued in Rome,
Italy. Consequently, under the third jurisdictional rule, the
petitioner has the option to bring her case before the courts
of Rome in Italy. Finally, both the petitioner and
respondent aver that the place of destination is Rome,
Italy, which is properly designated given the routing
presented in the said passenger ticket and baggage check.
Accordingly, petitioner may bring her action before the
courts of Rome, Italy. We thus find that the RTC of Makati
correctly ruled that it does not have jurisdiction over the
case filed by the petitioner.
Santos III v. Northwest Orient
Airlines18 applies in this case.
Petitioner contends that Santos III v. Northwest Orient
Airlines19 cited by the trial court is inapplicable to the
present controversy since the facts thereof are not similar
with the instant case.
_______________
18 Supra note 12.

19 Id.
391
VOL. 615, March 15, 2010 391

We are not persuaded.

In Santos III v. Northwest Orient Airlines,20 Augusto
Santos III, a resident of the Philippines, purchased a ticket
from Northwest Orient Airlines in San Francisco, for
transport between San Francisco and Manila via Tokyo
and back to San Francisco. He was waitlisted in the Tokyo
to Manila segment of his ticket, despite his prior
reservation. Contending that Northwest Orient Airlines
acted in bad faith and discriminated against him when it
canceled his confirmed reservation and gave his seat to
someone who had no better right to it, Augusto Santos III
sued the carrier for damages before the RTC. Northwest
Orient Airlines moved to dismiss the complaint on ground
of lack of jurisdiction citing Article 28(1) of the Warsaw
Convention. The trial court granted the motion which
ruling was affirmed by the Court of Appeals. When the case
was brought before us, we denied the petition holding that
under Article 28(1) of the Warsaw Convention, Augusto
Santos III must prosecute his claim in the United States,
that place being the (1) domicile of the Northwest Orient
Airlines; (2) principal office of the carrier; (3) place where
contract had been made (San Francisco); and (4) place of
destination (San Francisco).21

_______________
20 Id.
21 In said case, we distinguished between a “destination” and an
“agreed stopping place.” We held that:
Article 1(2) also draws a distinction between a “destination” and an
“agreed stopping place.” It is the “destination” and not an “agreed stopping
place” that controls for purposes of ascertaining jurisdiction under the
Convention.
The contract is a single undivided operation, beginning with the place
of departure and ending with the ultimate destination. The use of the
singular in the expression indicates the understanding of the parties to
the Convention that every contract of carriage has one place of departure
and one place of destination. An intermediate place where the carriage
may be broken is not regarded as a “place of destination.” Id., at pp. 270
271.
392

We further held that Article 28(1) of the Warsaw

Convention is jurisdictional in character. Thus:
“A number of reasons tends to support the characterization of

Article 28(1) as a jurisdiction and not a venue provision. First, the
wording of Article 32, which indicates the places where the action
for damages “must” be brought, underscores the mandatory
nature of Article 28(1). Second, this characterization is consistent
with one of the objectives of the Convention, which is to “regulate
in a uniform manner the conditions of international
transportation by air.” Third, the Convention does not contain any
provision prescribing rules of jurisdiction other than Article 28(1),
which means that the phrase “rules as to jurisdiction” used in
Article 32 must refer only to Article 28(1). In fact, the last
sentence of Article 32 specifically deals with the exclusive
enumeration in Article 28(1) as “jurisdictions,” which, as such,
cannot be left to the will of the parties regardless of the time
when the damage occurred.
xxxx
In other words, where the matter is governed by the Warsaw
Convention, jurisdiction takes on a dual concept. Jurisdiction in
the international sense must be established in accordance with
Article 28(1) of the Warsaw Convention, following which the
jurisdiction of a particular court must be established pursuant to
the applicable domestic law. Only after the question of which
court has jurisdiction is determined will the issue of venue be
taken up. This second question shall be governed by the law of the
court to which the case is submitted.”22
Contrary to the contention of petitioner, Santos III v.

Northwest Orient Airlines23 is analogous to the instant case
because (1) the domicile of respondent is London, United
Kingdom;24 (2) the principal office of respondent airline is
likewise in London, United Kingdom;25 (3) the ticket was
pur
_______________
22 Id., at pp. 266267.

23 Id.
24 Rollo, p. 139.
25 Id.
393
VOL. 615, March 15, 2010 393

chased in Rome, Italy;26 and (4) the place of destination is

Rome, Italy.27 In addition, petitioner based her complaint
on Article 217628 of the Civil Code on quasidelict and
Articles 1929 and 2130 of the Civil Code on Human
Relations. In Santos III v. Northwest Orient Airlines,31
Augusto Santos III similarly posited that Article 28 (1) of
the Warsaw Convention did not apply if the action is based
on tort. Hence, contrary to the contention of the petitioner,
the factual setting of Santos III v. Northwest Orient
Airlines32 and the instant case are parallel on the material
points.
Tortious conduct as ground for the
petitioner’s complaint is within the
purview of the Warsaw Convention.
Petitioner contends that in Santos III v. Northwest
Orient Airlines,33 the cause of action was based on a breach
of contract while her cause of action arose from the tortious
conduct of the airline personnel and violation of the Civil
Code provisions on Human Relations.34 In addition, she
claims that our
_______________
26 Id., at p. 174.
27 Id., at pp. 155157.
28 Article 2176. Whoever by act or omission causes damage to
another, there being fault or negligence, is obliged to pay for the damage
done. Such fault or negligence, if there is no preexisting contractual
relation between the parties, is called a quasidelict and is governed by
provisions of this Chapter.
29 Article 19. Every person must, in the exercise of his rights and in
the performance of his duties, act with justice, give everyone his due and
observe honesty and good faith.
30 Article 21. Any person, who willfully causes loss or injury to
another in a manner that is contrary to morals, good customs or public
policy shall compensate the latter for the damage.
31 Supra note 12.
32 Id.
33 Id.
34 Rollo, pp. 159 and 162.
394

pronouncement in Santos III v. Northwest Orient Airlines35

that “the allegation of willful misconduct resulting in a tort
is insufficient to exclude the case from the comprehension
of the Warsaw Convention,” is more of an obiter dictum
rather than the ratio decidendi.36 She maintains that the
fact that said acts occurred aboard a plane is merely
incidental, if not irrelevant.37
We disagree with the position taken by the petitioner.
Black defines obiter dictum as “an opinion entirely
unnecessary for the decision of the case” and thus “are not
binding as precedent.”38 In Santos III v. Northwest Orient
Airlines,39 Augusto Santos III categorically put in issue the
applicability of Article 28(1) of the Warsaw Convention if
the action is based on tort.
In the said case, we held that the allegation of willful
misconduct resulting in a tort is insufficient to exclude the
case from the realm of the Warsaw Convention. In fact, our
ruling that a cause of action based on tort did not bring the
case outside the sphere of the Warsaw Convention was our
ratio decidendi in disposing of the specific issue presented
by Augusto Santos III. Clearly, the contention of the herein
petitioner that the said ruling is an obiter dictum is
without basis.
Relevant to this particular issue is the case of Carey v.
United Airlines,40 where the passenger filed an action
against the airline arising from an incident involving the
former and the airline’s flight attendant during an
international flight resulting to a heated exchange which
included insults and profanity. The United States Court of
Appeals (9th Circuit)
_______________
35 Supra note 12.

36 Rollo, p. 159.
37 Id., at p. 162.
38 Black’s Law Dictionary, 6th ed., 1990.
39 Supra note 12.
40 255 F.3d 1044.
395
VOL. 615, March 15, 2010 395

held that the “passenger’s action against the airline carrier

arising from alleged confrontational incident between
passenger and flight attendant on international flight was
governed exclusively by the Warsaw Convention, even
though the incident allegedly involved intentional
misconduct by the flight attendant.”41
In Bloom v. Alaska Airlines,42 the passenger brought
nine causes of action against the airline in the state court,
arising from a confrontation with the flight attendant
during an international flight to Mexico. The United States
Court of Appeals (9th Circuit) held that the “Warsaw
Convention governs actions arising from international air
travel and provides the exclusive remedy for conduct which
falls within its provisions.” It further held that the said
Convention “created no exception for an injury suffered as
a result of intentional conduct”43 which in that case
involved a claim for intentional infliction of emotional
distress.
It is thus settled that allegations of tortious conduct
committed against an airline passenger during the course
of the international carriage do not bring the case outside
the ambit of the Warsaw Convention.
Respondent, in seeking remedies from the
trial court through special appearance of
counsel, is not deemed to have voluntarily
submitted itself to the jurisdiction of the
trial court.
Petitioner argues that respondent has effectively
submitted itself to the jurisdiction of the trial court when
the latter stated in its Comment/Opposition to the Motion
for Reconsideration that “Defendant [is at a loss] x x x how
the plaintiff arrived at her erroneous impression that it
is/was Euro
_______________
41 Id.
42 36 Fed. Appx. 278, 2002 WL 1136727 (C.A. 9).
43 Id.
396

Philippines Airlines Services, Inc. that has been making a

special appearance since x x x British Airways x x x has
been clearly specifying in all the pleadings that it has filed
with this Honorable Court that it is the one making a
special appearance.”44
In refuting the contention of petitioner, respondent cited
La Naval Drug Corporation v. Court of Appeals45 where we
held that even if a party “challenges the jurisdiction of the
court over his person, as by reason of absence or defective
service of summons, and he also invokes other grounds for
the dismissal of the action under Rule 16, he is not deemed
to be in estoppel or to have waived his objection to the
jurisdiction over his person.”46
This issue has been squarely passed upon in the recent
case of Garcia v. Sandiganbayan,47 where we reiterated
our ruling in La Naval Drug Corporation v. Court of
Appeals48 and elucidated thus:
Special Appearance to Question a Court’s Jurisdiction Is
Not Voluntary Appearance
The second sentence of Sec. 20, Rule 14 of the Revised Rules of

Civil Procedure clearly provides:
Sec. 20. Voluntary appearance.—The defendant’s
voluntary appearance in the action shall be equivalent to
service of summons. The inclusion in a motion to dismiss of
other grounds aside from lack of jurisdiction over the person
of the defendant shall not be deemed a voluntary
appearance.
Thus, a defendant who files a motion to dismiss, assailing the
jurisdiction of the court over his person, together with other
grounds raised therein, is not deemed to have appeared
voluntarily before the
_______________
44 Rollo, p. 169.
45 G.R. No. 103200, August 31, 1994, 236 SCRA 78.
46 Id., at p. 89.
47 G.R. No. 170122, October 12, 2009; 603 SCRA 348.

48 Supra.
397
VOL. 615, March 15, 2010 397

court. What the rule on voluntary appearance—the first sentence

of the abovequoted rule—means is that the voluntary appearance
of the defendant in court is without qualification, in which case he
is deemed to have waived his defense of lack of jurisdiction over
his person due to improper service of summons.
The pleadings filed by petitioner in the subject forfeiture cases,
however, do not show that she voluntarily appeared without
qualification. Petitioner filed the following pleadings in Forfeiture
I: (a) motion to dismiss; (b) motion for reconsideration and/or to
admit answer; (c) second motion for reconsideration; (d) motion to
consolidate forfeiture case with plunder case; and (e) motion to
dismiss and/or to quash Forfeiture I. And in Forfeiture II: (a)
motion to dismiss and/or to quash Forfeiture II; and (b) motion for
partial reconsideration.
The foregoing pleadings, particularly the motions to dismiss,
were filed by petitioner solely for special appearance with the
purpose of challenging the jurisdiction of the SB over her person
and that of her three children. Petitioner asserts therein that SB
did not acquire jurisdiction over her person and of her three
children for lack of valid service of summons through improvident
substituted service of summons in both Forfeiture I and
Forfeiture II. This stance the petitioner never abandoned when
she filed her motions for reconsideration, even with a prayer to
admit their attached Answer Ex Abundante Ad Cautelam dated
January 22, 2005 setting forth affirmative defenses with a claim
for damages. And the other subsequent pleadings, likewise, did
not abandon her stance and defense of lack of jurisdiction due to
improper substituted services of summons in the forfeiture cases.
Evidently, from the foregoing Sec. 20, Rule 14 of the 1997 Revised
Rules on Civil Procedure, petitioner and her sons did not
voluntarily appear before the SB constitutive of or equivalent to
service of summons.
Moreover, the leading La Naval Drug Corp. v. Court of Appeals
applies to the instant case. Said case elucidates the current view
in our jurisdiction that a special appearance before the court—
challenging its jurisdiction over the person through a motion to
dismiss even if the movant invokes other grounds—is not
tantamount to estoppel or a waiver by the movant of his objection

to jurisdiction over his person; and such is not constitutive of a
voluntary submission to the jurisdiction of the court.
398

Thus, it cannot be said that petitioner and her three children
voluntarily appeared before the SB to cure the defective
substituted services of summons. They are, therefore, not
estopped from questioning the jurisdiction of the SB over their
persons nor are they deemed to have waived such defense of lack
of jurisdiction. Consequently, there being no valid substituted
services of summons made, the SB did not acquire jurisdiction
over the persons of petitioner and her children. And perforce, the
proceedings in the subject forfeiture cases, insofar as petitioner
and her three children are concerned, are null and void for lack of
jurisdiction.” (Emphasis supplied)
In this case, the special appearance of the counsel of

respondent in filing the Motion to Dismiss and other
pleadings before the trial court cannot be deemed to be
voluntary submission to the jurisdiction of the said trial
court. We hence disagree with the contention of the
petitioner and rule that there was no voluntary appearance
before the trial court that could constitute estoppel or a
waiver of respondent’s objection to jurisdiction over its
person.
WHEREFORE, the petition is DENIED. The October 14,
2005 Order of the Regional Trial Court of Makati City,
Branch 132, dismissing the complaint for lack of
jurisdiction, is AFFIRMED.
SO ORDERED.
Carpio (Chairperson), Brion, Abad and Perez, JJ.,

concur.
Petition denied, order affirmed.
Note.—Jurisprudence in the Philippines and the United

States also recognizes that the Warsaw Convention does
not “exclusively regulate” the relationship between
passenger and carrier on an international flight.
(Philippine Airlines, Inc. vs. Savillo, 557 SCRA 66 [2008])
——o0o——
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4/27/2016 SUPREME COURT REPORTS ANNOTATED VOLUME 615

petitioner Titan Construction Corporation of the amounts

Carpio (Chairperson), Brion, Abad and Perez, JJ.,

Petition denied, judgment and resolution affirmed.

Note.—By express provision of Article 124 of the Family

G.R. No. 171092. March 15, 2010.*

EDNA DIAGO LHUILLIER, petitioner, vs. BRITISH

Civil Law; Common Carriers; Warsaw Convention; Damages;

VOL. 615, March 15, 2010 381

Lhuillier vs. British Airways

1950. The Convention became applicable to the Philippines on

characterization of Article 28(1) as a jurisdiction and not a venue

382 SUPREME COURT REPORTS ANNOTATED

Lhuillier vs. British Airways

manner the conditions of international transportation by air.”

PETITION for review on certiorari of an order of the

A.Q. Ancheta & Partners for respondent.

VOL. 615, March 15, 2010 383

DEL CASTILLO, J.:

1 50 C.J.S. 1089.

384 SUPREME COURT REPORTS ANNOTATED

the latter declared that the flight stewards were “only

“An action for damages must be brought at the option of the

Thus, since a) respondent is domiciled in London; b)

VOL. 615, March 15, 2010 385

filed in the proper courts of London, United Kingdom or

“The Court sympathizes with the alleged ill­treatment suffered

386 SUPREME COURT REPORTS ANNOTATED

cluding the place where actions involving damages to plaintiff

Petitioner filed a Motion for Reconsideration but the

I. WHETHER XXX PHILIPPINE COURTs HAVE

VOL. 615, March 15, 2010 387

II. WHETHER X X X RESPONDENT AIR CARRIER OF

12 G.R. No. 101538, June 23, 1992, 210 SCRA 256.

VOL. 615, March 15, 2010 387

“The Republic of the Philippines is a party to the Convention

The Warsaw Convention applies because

1. This Convention applies to all international carriage of persons,

13 Id., at pp. 260­261.

VOL. 615, March 15, 2010 389

suzerainty, mandate or authority of another Power, even

Thus, when the place of departure and the place of

390 SUPREME COURT REPORTS ANNOTATED

Lhuillier vs. British Airways

Under Article 28(1) of the Warsaw Convention, the

18 Supra note 12.

VOL. 615, March 15, 2010 391

We are not persuaded.

392 SUPREME COURT REPORTS ANNOTATED

We further held that Article 28(1) of the Warsaw

“A number of reasons tends to support the characterization of

Contrary to the contention of petitioner, Santos III v.

22 Id., at pp. 266­267.

VOL. 615, March 15, 2010 393

chased in Rome, Italy;26 and (4) the place of destination is

34 Rollo, pp. 159 and 162.

394 SUPREME COURT REPORTS ANNOTATED

pronouncement in Santos III v. Northwest Orient Airlines35

35 Supra note 12.

“The Court sympathizes with the alleged illtreatment suffered

13 Id., at pp. 260261.

22 Id., at pp. 266267.