CASE ANALYSIS

Dr. Felipa Pablo, an associate professor in the University of the Philippines, anda
research grantee of the Philippine Atomic Energy Agency was invited to take part at ameeting of
the Department of Research and Isotopes of the Joint FAO-IAEA Division of Atomic Energy in
Food and Agriculture of the United Nations in Ispra, Italy.
  To fulfill this engagement, Dr. Pablo booked passage with Alitalia, an Italian airline
company arrived in Milan on the day before the meeting in accordance with the itinerary and
timetable set for her by Alitalia. She was however told by the Alitalia personnel there at Milan
that her luggage was "delayed inasmuch as the same x x x (was) in one of the succeeding flights
from Rome to Milan."Her luggage consisted of two (2) suitcases: one contained her clothing and
other personal items; the other, her scientific papers, slides and other research material. But the
other flights arriving from Rome did not have her baggage on board. Feeling desperate, she went
to Rome to try to locate her bags herself. There, she inquired about her suitcases in the domestic
and international airports, and filled out the forms prescribed by Alitalia for people in her
predicament. However, her baggage could not be found. Completely distraught and discouraged,
she returned to Manila without attending the meeting in Ispra, Italy. As it turned out, Dr. Pablo's
suitcases were, in fact, located and forwarded to Ispra, Italy, but only on the day after her
scheduled appearance and participation at the U.N. meeting there. Of course, Dr. Pablo was no
longer there to accept delivery; she was already on her way home to Manila. And for some
reason, the suitcases were not actually restored to Prof. Pablo by Alitalia until eleven (11)
months later. Is Dr. Pablo entitled to damages for the negligence committed by Alitalia?

ANSWER:

Dr. Pablo is to be entitled to the nominal damages for the negligence of Alitalia (Article
2221). The negligence committed by Alitalia is evident in the case, which had led Dr. Pablo to be
stressed out and distraught. This had affected her emotionally and even on her chance to perform
her mission to attend the convention. Moreover, the negligence of Alitalia had made Dr. Pablo
incur expenses for the tracking of her missing luggage which was essential in attending the
convention. In this situation, Dr. Pablo has suffered embarrassment and humiliation from the
institution she represents for not being able to attend the said conference. But she is not, entitled
to be compensated for loss and damage to her luggage. Because as mentioned, her luggage was
returned to her after 11 months. However, she is entitled to nominal damages for the delay of her
luggage the airline had caused her.