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The right to damages shall be extinguished if an action is not brought within 2 years from the date of
arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the transportation stopped.
Notice requirement:
damage to baggage: within 3 days from receipt
damage to goods: within 7 days from receipt
delay: within 21 days from receipt
NOTE: Failure to file written notice, no action shall lie against the carrier, save in the case of fraud on his
part.
NOTE: The Warsaw Convention has the force and effect of a law in the Philippines, being a treaty
commitment assumed by the Philippine government. However, said convention does not operate as an
exclusive enumeration of the instances for declaring a carrier liable for breach of contract of carriage or as an absolute limit of the extent of that liability. Even the Warsaw Convention declares the carrier liable for damages in the enumerated cases and certain conditions. It must not be construed to preclude the
operation of the Civil Code and other pertinent laws. It does not regulate, much less exempt, the carrier
from liability for damages for violating the rights of the passengers under the contract of carriage, especially if willful misconduct on the part of the carrier’s employees is found or established.
COGSA/ Warsaw- applies to foreign vessels or air plane/ international travel
Code of Commerce – applies to inter-island / domestic travel
arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the transportation stopped.
Notice requirement:
damage to baggage: within 3 days from receipt
damage to goods: within 7 days from receipt
delay: within 21 days from receipt
NOTE: Failure to file written notice, no action shall lie against the carrier, save in the case of fraud on his
part.
NOTE: The Warsaw Convention has the force and effect of a law in the Philippines, being a treaty
commitment assumed by the Philippine government. However, said convention does not operate as an
exclusive enumeration of the instances for declaring a carrier liable for breach of contract of carriage or as an absolute limit of the extent of that liability. Even the Warsaw Convention declares the carrier liable for damages in the enumerated cases and certain conditions. It must not be construed to preclude the
operation of the Civil Code and other pertinent laws. It does not regulate, much less exempt, the carrier
from liability for damages for violating the rights of the passengers under the contract of carriage, especially if willful misconduct on the part of the carrier’s employees is found or established.
COGSA/ Warsaw- applies to foreign vessels or air plane/ international travel
Code of Commerce – applies to inter-island / domestic travel
