This case has been cited 3 times or more.
|
2003-07-14 |
CARPIO, J. |
||||
| The peculiar circumstances in this case set it apart from Zalamea v. Court of Appeals,[61] the case lengthily quoted by the Court of Appeals in justifying the award of moral damages. The petitioners in Zalamea were passengers of TransWorld Airlines, Inc. ("TWA") who held confirmed discounted tickets. Petitioners were, however, wait-listed and eventually prevented from boarding the airplane because TWA had overbooked the flight and gave preference to other passengers who were holders of full-fare tickets. TWA observed the practice of overbooking and the system of boarding priorities. We held TWA liable for moral damages because TWA did not stipulate these policies in the contract and did not inform the petitioners of the overbooked condition of the flight or of the hierarchy of priorities in booking passengers. TWA was in bad faith when, failing to thus inform petitioners when it could have easily done so, TWA kept them as passengers up to the last minute. TWA's conscious disregard of petitioners' rights made it liable not only for actual but moral damages as well. | |||||
|
2001-09-04 |
QUISUMBING, J. |
||||
| With respect to the banking laws of Switzerland cited by petitioners, the rule is that Philippine courts cannot take judicial notice of foreign laws.[53] Laws of foreign jurisdictions must be alleged and proved.[54] Petitioners failed to prove the Swiss law relied upon, either by: (1) an official publication thereof; or (2) a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied by a certification from the secretary of the Philippine embassy or legation in such country or by the Philippine consul general, consul, vice-consul, or consular agent stationed in such country, or by any other authorized officer in the Philippine foreign service assigned to said country that such officer has custody.[55] Absent such evidence, this Court cannot take judicial cognizance of the foreign law invoked by Benedicto and Rivera. | |||||
|
2000-10-06 |
BUENA, J. |
||||
| It is well-settled that foreign laws do not prove themselves in our jurisdiction and our courts are not authorized to take judicial notice of them. Like any other fact, they must be alleged and proved.[24] | |||||