J. Claro S. Tesoro: July 2013

Sunday, July 28, 2013

TORTS & DAMAGES (2013-2014)

TORTS & DAMAGES (2013-2014)

Statutes:

1. Civil Code of the Philippines
Articles 19-27, 29-35, 559, 682-683, 694-707, 1143, 1146, 1148-1150, 1154-1155, 1157-1159, 1161-1162, 1169-1175, 1207, 1217, 1222, 1226-1230, 1314, 1505, 1956, 1959-1961, 2015, 2176-2185, 2187-2206, 2208-2235

2. Revised Penal Code: Articles 100-113

3. Other Enactments
    a. Presidential Decree No. 603, Article 58
    b. Family Code: Articles 218, 219, 221 & Title X as amended by RA 6809
    c. General Orders No. 15
    d. Central Bank Circular Nos. 416 and 905
    e. 2000 Revised Rules of Criminal Procedure, Rule 111, Sec. 1-5
    f. Juvenile Justice and Welfare Act of 2006, Sec. 6 (RA 9344)

4. Annotations & Article
    a. Attorney's Fees as Damages (18 SCRA 360)
    b. When the Defendant is Entitled to Attorney's Fees (20 SCRA 68)
    c. Compensation for Legal Services (94 SCRA 794)
    d. Judicial Guidelines on the Recovery of Attorney's Fees (104 SCRA 121)
    e. Legal Abatement of Nuisance (506 SCRA 676)
    f. “Hospital Liability” in Ateneo Law Journal Vol. 55 (Dec. 2010) No. 3, pp. 598-696

Cases:

1. U.S. v. Barias   23 Phil 434

2. Samson v. Dionisio 11 Phil 538

3. Uy Piaco v. Osmena   9 Phil 299

4. Elcano v. Hill    77 SCRA 98

5. Tenchavez v. Escano   15 SCRA 355;64 OG 4239

6. Bacolod Murcia Milling Co. v. First Farmers   103 SCRA 436

7. Vazquez v. Borja   74 Phil 560

8. Air France v. Carrascoso   18 SCRA 155; 64 OG 4524

9. Schmitz Transport & Brokerage Corp. v. Transport Venture, Inc. 456 SCRA 557

10. Singson v. BPI   23 SCRA 1117

11. Araneta v. de Joya    57 SCRA 59

12. Far East Bank v. Court of Appeals 241 SCRA 671

13. Cangco v. Manila Railroad   38 Phil 768

14. Rodrigueza v. Manila Railroad   42 Phil 351

15. Custodio v. Court of Appeals 573 SCRA 486

16. Philam Insurance Co. Inc. v. Court of Appeals 666 SCRA 438

17. Flores v. Pineda   571 SCRA 83

18. Culion Ice, Fish v. Phil. Motors 55 Phil 129
      a. Keppel Cebu Shipyard, Inc. v. Pioneer Ins. & Surety Corp. 601 SCRA 96

19. Abaya v. Favis 3 CAR 450

20. Rasuman et al. v. Manila Reyna Hospital (CA) 76 OG 1638

21. Mendoza v. Casumpang 668 SCRA 436

22. De Guia v. Manila Electric Co. 40 Phil 706

23. Carlos v. Manila Electric Co. 34 Phil 55

24. Picart v. Smith 37 Phil 809
      a. Achevara v. Ramos 601 SCRA 270

25. Corinthian Gardens Association V.Tanjangco 556 SCRA 154

26. Jarco Marketing Corp.v. Court of Appeals 321 SCRA 375

27. Light Rail Transit Authority v. Navidad   397 SCRA 75

28. PNR v. Vizcara 666 SCRA 363

29. Lilius v. Manila Railroad 59 Phil 758

30. Wright v. Manila Electric Co. 28 Phil 122

31. U.S. v. Knight   26 Phil 216

32. U.S. v. Tanedo 15 Phil 196

33. U.S. v. Tayongtong   21 Phil 476

34. Barcelo v. Manila Electric Co. 29 Phil 351

35. Ong v. Metropolitan Water District    104 Phil 397

36. BPI v. Lifetime Marketing Corp. 555 SCRA 383

37. Penullar v. PNB 120 SCRA 171

38. Canlas v. Court of Appeals   326 SCRA 415

39. Gan v. Court of Appeals   165 SCRA 378

40. People v. Santos (CA) 44 OG 1289

41. Phoenix Construction Co.v. IAC   148 SCRA 353

42. McKee v. Intermediate Appellate Court 211 SCRA 517
       a. Bank of Ameriuca v. Phil. Racing Club 594 SCRA 301

43. ORIX Metro Leasing & Finance Group v. Mangalinao 664 SCRA 87

44. Sanitary Steam Laundry, Inc. v. Court of Appeals 300 SCRA 20

45. Corpuz v, Lugue   465 SCRA 90

46. Gabeto v. Araneta 42 Phil 252

47. Manila Electric Co. v. Remoquillo 99 Phil 117; 53 OG 1429

48. Vda. De Bataclan v. Medina 102 Phil 81

49. Delgado vda. de Gregorio v.Go Chong Bing   102 Phil 556

50 Umali v. Bacani 69 SCRA 263; 72 OG 5020

51. Vda. De Imperial v. Heald Lumber Co. 3 SCRA 178; 59 OG 6250

52. Bernal and Enverso v. House et al. 54 Phil 327

53. Bayasen v. Court of Appeals 103 SCRA 197
      a. Ramos v. C.O.L. Realty Corp.   597 SCRA 526

54. Sabido v. Custodio 17 SCRA 1088

55. Teague v. Fernandez   51 SCRA 181; 69 OG 7489

56. Cipriano v. Court of Appeals    263 SCRA 711

57. Calalas v. Court of Appeals   332 SCRA 356

58. PNB v. Cheah Chee Chong 671 SCRA 49

59. Philtranco Service Enterprise Inc, v. Paras 671 SCRA 24

60. Mercury Drug Corp. v. Baking   523 SCRA 184

61. Novo & Co. v. Ainsworth   26 Phil 380

62. Cenzo v. Atlantic Gulf & Pacific Co.   33 Phil 425

63. Afialde v. Hisole    85 Phil 67; 47 OG 2332

64. Derifar v. Escano   40 OG (12th Supp.) 252

65. llocos Norte Electric Cooperative v. Court of Appeals 179 SCRA 5

66. Nikko Hotel Manila Garden v. Reyes 452 SCRA 532

67. Tamayo v. Gsell   35 Phil 953

68. Rakes v. Atlantic Gulf & Pacific Co   7 Phil 359

69. Teh v. Philippine Aerial Taxi 58 Phil 838

70. Bernardo v. Legaspi 29 Phil 12

71. Phil. Rabbit Bus Lines v. Intermediate Appellate Court 189 SCRA 158

72. Bustamante v. Court of Appeals 193 SCRA 603

73. Taylor v. Manila Electric Co. 16 Phil 8

74. Del Prado v. Manila Electric Co. 52 Phil 900

75. Astudillo v. Manila Electric Co. 55 Phil 427

76. Del Rosario v. Manila Electric Co. 57 Phil 478

77. Ngo Sin Sing v. Li Seng Giap & Sons,Inc. 572 SCRA 625

78. National Power Corp. v. Heirs of Noble Casiman 572 SCRA 171

79. PNR v. Brunty 506 SCRA 685

80. Dumayag v. People 686 SCRA 347

81. Huang v. Philippine Hoteliers, Inc. 687 SCRA 462

82. Africa v. Caltex 16 SCRA 448; 64 OG 37

83. Republic v. Luzon Stevedoring 21 SCRA 279

84. F.F. Cruz & Co. v. CA    164 SCRA 731

85. Layugan v. IAC   167 SCRA 376

86. Macalinao v. Ong    477 SCRA 740

87. Ramos v. Court of Appeals 321 SCRA 584; 380 SCRA 467

88. Jarcia, Jr. v. People 666 SCRA 336

89. Bontilao v. Gerona 630 SCRA 561

90. Del Carmen, Jr. v. Bacoy 671 SCRA 91

91. Capili v. Cardena   506 SCRA 569

92. Reyes v. Sisters of Mercy Hospital 341 SCRA 760

93. Perle Cie. d Seguros v. Sarangaya III   474 SCRA 191

94. NPC v. Court of Appeals   453 SCRA 47

95. Ma-ao Sugar Central v. Court of Appeals 189 SCRA 88

96. Ferrer v. Ericta    84 SCRA 705

97. Solid Homes, Inc. v. Tan   465 SCRA 137

98. Banco Filipino v. Court of Appeals   332 SCRA 241

99. Lafarge Cement Phils, Inc. v. Continental Cement Corp. 443 SCRA 522, 544-548

100. Paez et al. v. de la Torre et al. 7 CAR 671

101. Fuellas v. Cadano   3 SCRA 361

102. Paleyan v. Bangkili   40 SCRA 132

103. Cuadra v . Monfort   35 SCRA 160

104. Tamargo v. Court of Appeals   209 SCRA 518

105. Libi v. Intermediate Appellate Court   214 SCRA 16

106. Amadora v. Court of Appeals 160 SCRA 315

107. Pasco v. CFI of Bulacan   160 SCRA 784

108. Ylarde v. Aquino 163 SCRA 697

109. Salvosa v. Intemediate Appellate Court   166 SCRA 274

110. PSBA. v. Court of Appeals 205 SCRA 729

111. Soliman, Jr. v .Tuason   209 SCRA 47

112. Saludaga v. FEU    553 SCRA 741

113. St. Francis High School v. Court of Appeals   194 SCRA 341

114. Regino v. Pangasinan College of Science & Technology 433 SCRA 56

115. St. Mary’s Academy v. Carpitanos 376 SCRA 473

116. Child Learning Center Inc. v. Tagorio   476 SCRA 236

117. Martin v. Court of Appeals   205 SCRA 591

118. Heirs of Redentor Completo v. Albayda,Jr.   624 SCRA 97

119. Yamada v. Manila Railroad   33 Phil 8

120. Phil. Rabbit Lines, Inc. v. Phil. American Forwarders, Inc 63 SCRA 231, 71 OG 4863

121. Filamer Christian Institute v. Intermediate Appellate Court 212 SCRA 637

122. Siriban et al. v. Cababa et al. 10 CAR 654

123. Cuison v. Norton & Harrison Co. 55 Phil 18

124. Go v. Intermediate Appellate Court   197 SCRA 22

125. Ortaliz v. Echarri 101 Phil 947; 54 OG 1831

126. MRR v. Cia Transatlantica & Atlantic Gulf   38 Phil 875

127. Allied Banking Corp. v. Lim Bio Wan    549 SCRA 504

128. Jayme v. Apostol   572 SCRA 41

129. Castilex Industrial Corp. v. Velasquez Jr. 321 SCRA 393

130. Almirez v. Infinite Loop Technology Corp. 481 SCRA 364

131. Acevedo v. Advanstar Co. Inc 474 SCRA 656

132. Hernandez v. Dolor    435 SCRA 668

133. Cereno v, Court of Appeals 682 SCRA 48

134. Cayao-Lasam v. Spouses Ramolete 574 SCRA 436

135. Nogales v. Capitoi Medical Center   511 SCRA 204

136. Professional Services Inc.v. Agana 513 SCRA 478; 544 SCRA 170; 611 SCRA 282

137. Dr. Rubi Li v. Spouses Soliman 651 SCRA 32

138. Aquino v. Heirs of Raymundo Calayog 678 SCRA 609

139. Lucas v. Tuaño 586 SCRA 173

140. Bahia v. Litonjua & Leynes   30 Phil 624

141. YHT Int'l v. Court of Appeals   451 SCRA 638)

142. Brito Sy v. Malate Taxicab 102 Phil 483

143. Belizar v. Brazas 2 SCRA 526; 59 OG 8376

144. Filcar Transport Services, Inc. v. Espinas 674 SCRA 117

145. Genson v. Adarie   153 SCRA 512

146. Genato Commercial Co. v. MRR   14 CAR 509

147.. Ramos et al. v. Pepsi Cola Bottling Co. 19 SCRA 289

148. Phil, Commercial & Industrial Bank v. Court of Appeals 350 SCRA 46

149. .Maxion v. MRR 44 Phil 597

150. Smith & Co. v. Cadwallader Gibson Lumber Co. 55 Phil 517

151. Marquez v. Castillo 68 Phil 568

152. Duquillo v. Bayot   67 Phil 131

153. Universal Aquarius, Inc. v. Quezon City Human Resources Mgmt. Corp. 533 SCRA 38

154. Campo et ai. v. Camarote & Genilge   100 Phil 459; 53 OG 2794

155. Duavit v. Court of Appeals   173 SCRA 490

156. De Leon Brokerage v. Court of Appeals    4 SCRA 517; 114 Phil 437

157. Fabre, Jr. v. Court of Appeals 259 SCRA 426

158. Saria v. Mangubat   4 CAR 777

159. Chapman v. Underwood 27 Phil 374

160. Caedo v. Yu Ke Thai   26 SCRA 410

161. Serra v. Mumar 668 SCRA 335

162. Pleyto v. Lomboy 432 SCRA 329

163. Mallari Sr. v. Court of Appeals 324 SCRA 147

164. Añonuevo v. Court of Appeals   441 SCRA 24

165. Mendoza v. Soriano   524 SCRA 260

166. Merritt v. Gov't of the Phil. Islands   34 Phil 311

167. Rosete v. Auditor General 81 Phil 453

168. Palafox v. Province of llocos Norte 102 Phil 1186

169 Republic v. Palacio 23 SCRA 899

170. Mendoza v. de Leon 33 Phil 508

171. Torio v. Fontanilla   85 SCRA 599

172. Santos v. Santos 92 Phil. 281; 48 OG 4815

173. City of Manila v. Teotico   22 SCRA 267

174. Jimenez v. City of Manila 150 SCRA 510

175. Dumlao v. Court of Appeals 114 SCRA 247

176. Palma v. Graciano   99 Phil 72

177. Araneta v. Arreglado 104 Phil 529

178. Pacis v. Morales 613 SCRA 607

179. Daywalt v. Corporacion de Agustinos Recoletos   39 Phil 587

180. Gilchrist v. Cuddy 29 Phil 542

181. So Ping Bien v. Court of Appeals   314 SCRA 751

182. Lagon v. Court of Appeals 453 SCRA 616

183, People's Bank & Trust Co. v.Dahican Lumber 20 SCRA 84

184. Dingcong v. Kanaan   72 Phil 14

185. Viluan v. Court of Appeals   16 SCRA 742

186. Abadilla v. Colombres et al. 9 CAR 859

187. Rivera v. Crespo    12 CAR 518

188. Juan F. Nakpil & Sons v. Court of Appeals 144 SCRA 596

189. Iloilo Cold Storage v .Municipal Council 24 Phil 471

190. Ayala v. Barretto   33 Phil 538

191. Sitchon v. Aquino   98 Phil 458

192. Velasco v. Manila Electric 40 SCRA 342

193. Cardona v. de Brozas   1 CAR 219

194. Ramcar v. Millar et al.   6 SCRA 517; 116 Phil 825

195. Tan Chat v. Municipality of lloilo 60 Phil 465

196. Umali v. Aquino    1 CAR 339, 58 OG 248

197. City of Manila v. Laguio, Jr.   455 SCRA 308

198. Homeowners Assoc. of El Deposito v. Lood   47 SCRA 174

199. San Rafael Homeowners Assoc.v. City of Manila   46 SCRA 40

200. Farrales v. City Mayor of Manila   44 SCRA 239

201. Timoner v. People 125 SCRA 830

202. Owner of 51 of the Jackpot Slot Machines v. Director of the NBI   10 SCRA 395

203. Kapisanan Lingkod Bayan Inc.v. Lacson (CA)   61 OG 2487

204. AC Enterprises, Inc. v. Frabelle Properties Corp. 506 SCRA 625

205. Gancayco v. City Government of Quezon City 658 SCRA 853

206. Canlas et al. v. de Aquino et al. 2 SCRA 814

207. Reyes et al. v. Villegas et al.   12 CAR 302

208. Farrales v. Dacanay    8 CAR 687

209. Magtibay v. Goco   1 CAR 418

210. Estate of Gregorio Francisco v. Court of Appeals   199 SCRA 595

211. Tamin v. Court of Appeals   208 SCRA 863

212. Telmo v. Bustamante   592 SCRA 552

213. Tayabas v. People   517 SCRA 488

214. Farolan v. Solmac Marketing Corp. 195 SCRA 168

215. Saba v. Court of Appeals 189 SCRA 50

216. Huistv. PR Builders, Inc. 532 SCRA 74

217. Choa Tek Hee v. Phil. Publishing Co. 34 Phil 447

218. Mendoza v. Phil. Airlines 90 Phil 836

219. Lasam v. Smith   45 Phil 657

220. llao-Oreta v. Ronquillo 535 SCRA 633

221. Algarrav. Sandejas   27 Phil 284

222. Raagas v. Traya 22 SCRA 839

223. Angeles v. Lerma (CA)   45 OG (No. 6) 2589

224. Lacson v. Quisumbing   11 CAR 509

225. Associated Realty Dev't Co.v. Court of Appeals   13 SCRA 52

226. Cariaga v. Laguna Tayabas Bus Co. 110 Phil 346

227. Puentebella v. Negros Coal Co. 50 Phil 69

228. Lemoine v. Alkan 33 Phil 162

229. De Castelvi v. Cia General de Tabacos 49 Phil 998

230. Borromeo v. Manila Electric Co. 44 Phil 165

231. De Caliston v. Court of Appeals    122 SCRA 958

232. Northwest Airlines v. Catapang   594 SCRA 401

233. Shaufv. Court of Appeals   122 SCRA 713

234. Alcantara et al. v. Surro & Manila Electric Co.   93 Phil 472; 49 OG 2769

235. De Guzman v. Tumolva   659 SCRA 725

236. Junio & Soloria v. Manila Railroad 18 SCRA 732

237. Marchan v. Mendoza 24 SCRA 888

238. Villa Rey Transit v. Court of Appeals 31 SCRA 511

239. People v. Taan   506 SCRA 219

240. People v. Bariaan   531 SCRA 849

241. People v. Eling 553 SCRA 724

242. People v. Ocampo 601 SCRA 58

243. Davila v. PAL   49 SCRA 497

244. People v. Baguio   196 SCRA 459

245. Heirs of Raymundo Castro v .Bustos   27 SCRA 327

246. Victory Liner, Inc. v. Gammad   444 SCRA 355

247. Pereña v. Zarate 679 SCRA 208

248. GA Machineries v. Yaptinchay 126 SCRA 78

249. Vda. De Javellana v. Court of Appeals 123 SCRA 799

250. Bautista v. Maxino   81 SCRA 527

251. Benguet Electric Cooperative v. Court of Appeals 321 SCRA 524

252. Legaspi Oi! Co. v. Court of Appeals   224 SCRA 213

253. Globe Mackay Cable & Radio Corp. v. Barrios 119 SCRA 461

254. Lambert v. Heirs of Rey Castiilon   452 SCRA 285

255. Floreza v. de Evangelista 96 SCRA 130

256. Perfecto v. Gonzales 128 SCRA 635

257. Rodriguez Luna v. Intermediate Appellate Court 135 SCRA 242

258. Herbosa v. Court of Appeals 374 SCRA 578

259. Atlantic Erectors, Inc. v. Court of Appeals 684 SCRA 55

260. NPC v. National Merchandising Corp. 117 SCRA 789

261. Polytrade Corp. v. Blanco 30 SCRA 187

262. Sy v. Court of Appeals   124 SCRA 198

263. Albert v. University Publishing Co. 103 Phil 351

264. Joe's Radio & Electrical Supply v. Alto Electronics Corp. 104 Phil 333

265. Country Bankers Insurance Corp. v.Court of Appeals 201 SCRA 458

266. Limjoco v. Court of Tax Appeals 37 SCRA 663

267. Lambert v. Fox   26 Phil 588

268. Lawyers Cooperative v. Tabora 13 SCRA 762

269. Continental Cement Corp. v. Asea Brown Boveri, Inc. 659 SCRA 139

270. New Sampaguita Builders & Construction, Inc. v. PNB 435 SCRA 565

271.Development Bank of the Phils. v. Family Foods Manufacturing Co. Ltd. 594 SCRA 461

272 Urban Consolidated Construction Phils. Inc. v. Insular Life Ass. Co. Inc. 597 SCRA 450

273. Ligutan v. Court of Appeals 376 SCRA 560

274. Trade &; Investment Dev. Corp. v. Roblett Industrial Cons. Corp.. 474 SCRA 510

275. Gobonseng v. Unibancard Corp. 539 SCRA 564

276. Banco Filipino v. Ybañez 445 SCRA 482

277. Viloria v. Court of Appeals 123 SCRA 259

278. Liam Law v. Olympic Sawmill Co. Inc. 129 SCRA 439

279. Phil, Phosphate Fertilizer Corp. v Kamalig Resources, Inc. 540 SCRA 139

280. Phil, National Bank v. Court of Appeals 196 SCRA 536

281. Floirendo, Jr. v. Metropolitan Bank   532 SCRA 43

282. United Coconut Planters' Bank v. Beluso (530 SCRA 567)

283. Bulos, Jr. v. Yasuma   527 SCRA 727

284. Svendsen v. People   546 SCRA 659

285. Zobel v. City of Manila   47 Phil 169

286. Ston Donne v. Inouye 40 Phil 728

287. Soriano v. Cia General de Tabacos   18 SCRA 999

288. BPI Family Savings Bank, Inc. v. First Metro Investment Corp   429 SCRA 30

289. Eusebio Calderon v. People   441 SCRA 137

290. Llenado v. People 668 SCRA 330

291. Santos Venture Hocorma Foundation, Inc. v. Santos 441 SCRA 472

292. Bareng v. Court of Appeals   107 Phil 641; 58 OG 1314

293. Plaridel Surety & Insurance Co. v. P.L. Galang Machinery Co. 100 Phil 679

294. Tan v. Court of Appeals 367 SCRA 571

295. Piczon v. Piczon   61 SCRA 67

296. Firestone Tires & Rubber Co. v. Delgado 104 Phil 920

297. Reformina v. Tomol, Jr. 139 SCRA 260

298. Eastern Shipping Lines v. CA   234 SCRA 78

299. Estores v. Supangan 670 SCRA 95

300. Sta. Lucia Realty & Dev. Corp. v. Buenaventura 602 SCRA 463

301. Escano v. Ortigas, Jr.   526 SCRA 26

302. Country Bankers Ins.Corp. v. Lianga Bay and Community Multi-Purpose Cooperative, Inc. 374 SCRA 653

303. Bangis v. Heirs of Serafin & Salud Adolfo 672 SCRA 468

304. Catungal v. Hao 355 SCRA 29

305. Manufacturers Building Inc. v. Court of Appeals 354 SCRA 521

306. Radiowealth Finance Co. v. Del Rosario 335 SCRA 288

307. Central Azucarera de Bais v. Court of Appeals 188 SCRA 328

308. FNCB Finance v. Estavillo 192 SCRA 514

309. PVTA v. Tensuan   188 SCRA 628

310. State Investment House v. Court of Appeals 198 SCRA 390

311. People v. Iglesias   365 SCRA 156

312. Security Bank &; Trust Co. v. RTC Makati, Br. 61    263 SCRA 483

313. Solangon v. Salazar   360 SCRA 379

314.. PNB V. Court of Appeals    263 SCRA 765

315. Eastern Assurance &; Surety Corp. v. Court of Appeals   322 SCRA 73

316. Rizal Commercial Banking Corp. v. Alfa RTW Manufacturing Corp. 368 SCRA 611

317. Elegir v. PAL 676 SCRA 463

318. Northwest Airlines, Inc. v. Cuenca 14 SCRA 1063

319. Medina et al. v Cresencio et al   99 Phil 506; 52 OG 4606

320. MCC Industrial Sales Corp. v.Ssangyong Corp. 536 SCRA 408

321. Mindanao Academy v Yap   13 SCRA 190

322. PAL v. Lao Lim 684 SCRA 224

323.. Ingal v. People   547 SCRA 632

324 Armovit v. Court of Appeals 184 SCRA 476

325. Bongal et af v. Ensoy et al   9 CAR 796

326. Celebes Japan Foods Corp. v. Yermo 602 SCRA 414

327. Land Bank of the Phils. v. Montalvan 675 SCRA 380

328. Ventanilla v. Centeno 1 SCRA 215; 110 Phil 811

329. Rafols v. Batangas Transportation 62 64 OG (No. 43) 7968

330. Araneta v. Bank of America 40 SCRA 144

331. SSS v. Court of Appeals 120 SCRA 707

332. Robes Francisco Realty & Development Corp. v. CFI of Rizal    86 SCRA 59

333. Swift Foods, Inc. v. Mateo, Jr. 657 SCRA 394

334. Consolidated Plywood Industries v. Court of Appeals    214 SCRA 209

335. Lazatin v. Twano 2 SCRA 842; 112 Phil 733; 61 OG 2473

335. Bright Maritime Corp. v. Fantonial 665 SCRA 350

337. Enervida v. de la Torre 55 SCRA 339

338. Soberano v. Manila Railroad 18 SCRA 732

339. San Miguel Brewery v. Magno 21 SCRA 292; 64 OG 13340

340. Mambulao Lumber v. PNB 22 SCRA 292; 64 OG 10942

341. Filipinas Broadcasting Network v. Agri-Medical & Educational Center Bicol Christian College of Medicine 448 SCRA 413

342. Jardine Davies v. Court of Appeals 333 SCRA 684

343. Manila Electric Co. v. T.E.A.M. Electronics Corp. 540 SCRA 62

344. Flight Attendants & Stewards Association of the Phils. v. PAL 559 SCRA 261

345. Ventura v. Bernabe 38 SCRA 587

346. RCPI v. Verchez 481 SCRA 384

347. Fores v. Miranda   105 Phil 266; 57 OG 1939

348. Lopez v. Pan American   16 SCRA 431; 63 OG 5536

349. Zulueta v. Pan American   43 SCRA 397

350. Ortigas v. Lufthansa   64 SCRA 610; 71 OG 6383

351. Panam v. Intermediate Appellate Court   186 SCRA 687

352. Yutuk v. Manila Electric Co.   2 SCRA 337; 112 Phil 271; 58 OG 7057

353. Northwest Airlines v. Court of Appeals 186 SCRA 440

354. Panam v. Intermediate Appellate Court and Ongsiako 186 SCRA 561

355. Heirs of Engracio de los Santos v.Court of Appeals & Cia Maritima 186 SCRA 649

356. Guita v. Court of Appeals 139 SCRA 576

357. Capco v. Macasaet 189 SCRA 561

358. Maglutac v. NLRC   189 SCRA 767

359. American Express Int’l Inc. v. Court of Appeals   167 SCRA 209

360. PCI Bank v. Balmaceda 658 SCRA 33

361. Pantaleon v. American Express International Inc. 587 SCRA 551; 629 SCRA 276

362. Valdez v. Tabisula   560 SCRA 332

363. Strebel v. Figueras   96 Phil 321

364. Cachero v. Manila Yellow Taxicab    101 Phil 523; 54 OG 6599

365. Felisilda v. Villanueva   139 SCRA 431

366. Mercado v. Lira   113 Phil 112; 3 SCRA 124

367. Tamayo v. University of Negros Occ.   58 OG (No.37) 6023

368. PAL v. Court of Appeals   106 SCRA 391

369. Buenaventura v. Court of Appeals   454 SCRA 261

370. Mercado v. Court of Appeals   108 Phil 414

371. People v. Bautista   102 SCRA 493

372. Prudenciado v. Allied Transport System Inc. 148 SCRA 440

373. Corona v. Court of Appeals   121 SCRA 865

374. People v. Ruiz   110 SCRA 155

375. Miranda Ribaya & Carbonell v. Bautista   95 SCRA 672

376. Domingding & Aranaz v. Ng 103 Phil 111

377. People v. Medrozo, Jr.   62 SCRA 245

378. Tan Kapoc v. Mesa 134 SCRA 231

379. Munsayac v. de Lara   23 SCRA 1086; 65 OG 9684

380. Martinez v. Gonzales    6 SCRA 331

381. Octot v. Ybanez   111 SCRA 79

382. People v. Arcillas 677 SCRA 624

383. People v. Taguibaya 658 SCRA 654

384. Matura v. Laya 92 SCRA 268)

385. Rotea v. Halili   109 Phil 495

386. Geluz v. Court of Appeals   2 SCRA 801

387. Inter Asia Investment Industries v. Court of Appeals   403 SCRA 452

388. Mirasol v. de la Cruz 84 SCRA 337

389. Alcatel Phils. Inc. v. I.M. Bongar & Co., Inc. 658 SCRA 741

390. Pirovano v. de la Rama S/S 96 Phil 335; 51 OG (No.2) 755

391. United General Industries Inc. v. Paler 112 SCRA 404

392. Rizal Surety & Insurance Co v. Court of Appeals 20 SCRA 61

393. Traders Royal Bank Employees Union Independent v. NLRC 269 SCRA 733

394. Firestone Tire & Rubber Co. of the Phil.v,. Inez Chavez & Co. 18 SCRA 356; 64 OG 1758

395. Abrogar v. Intermediate Appellate Court 157 SCRA 571

396. Antonio v. Santos   538 SCRA 1

397. NPC Drivers & Mechanics Association v. NPC   565 SCRA 417

398. Masmud v. NLRC 579 SCRA 509

399. NPC v. Heirs of Macabangit Sangkay 656 SCRA 60

400. Miranda v. Carpio 658 SCRA 197

401. Martinez v. Barredo 81 Phil 1; 45 OG 4922

402. MD Transit v. Court of Appeals   22 SCRA 559; 66 OG 2081

403. Cerezo v. Tuazon 426 SCRA 167

404. Phil. Rabbit Bus Lines v. People   427 SCRA 456

405. Arambulo v. Manila Electric   55 Phil 75

406. Pajarito v. Senerix    87 SCRA 27 5

407. Baza Marketing Corp v. Bolinao Security   117 SCRA 156

408. Ciemente v. Foreign Mission Sisters (CA)   8 OG 1594

409. Connell Bros v. Aduna et al   91 Phil 79

410. Jamelo v. Serfino   44 SCRA 464

411. Joaquin v. Aniceto   12 SCRA 308; 63 OG 10838

412. De Los Santos v. Tan Khey (CA)    58 OG 7693

413. Steinmetz v. Valdez    72 Phil 92

414. US v. Baggay 20 Phil 142

415. Teleria v. Garcia (CA)   40 OG 115

416. Generoso v. Universal Textile Mills Inc. 95 SCRA 128

417. Miranda v. Malate Garage   99 Phil 670; 52 OG 5145

418. Bantoto v. Bobis 18 SCRA 690

419. Ramirez v. Yatco   9 SCRA 435

420. Chua v. Court of Appeals 443 SCRA 259

421, People v. Bayot 670 SCRA 285

422. People v. Escleto 671 SCRA 149

423.. Barredo v. Garcia and Almario 73 Phil 607

424. Chan v. Yatco 103 Phil 1126

425. Padua v. Robies 66 SCRA 485

426. Ace Haulers Corp. v. Court of Appeals 338 SCRA 572

427. Safeguard Security Agency, Inc.v. Tangco 511 SCRA 67

428. Parker v. Panlilio and PAL 91 Phil 1

429. Lanuza v. Ping 100 SCRA 205

430. Virata v. Ochoa 81 SCRA 472

431. Marcia et al. v. CA 120 SCRA 193

432. Manio v. Gaddi 44 SCRA 198

433. Andamo v. IAC   191 SCRA 195

434. Yakult Phils. V. CA   190 SCRA 357

435 Mendoza v. Arrieta 91 SCRA 113

436.Escueta v. Fandialan 61 SCRA 278

437 Tactaquin v. Palileo 21 SCRA 346 and 21 SCRA 1431

438 Jocson v. Glorioso   22 SCRA 316; 64 OG 10042

439. PNB v. Catipon   98 Phil 287; 52 OG 5503

440. Albornoz v. Albornoz   98 Phil 785

441. Tan v. Standard Oil Co.   91 Phil 672; 48 OG 2745

442. Salta v. de Veyra   117 SCRA 212

443. Manliclic v. Calaunan 512 SCRA 642

444. Lim v. Kon Co Ping 679 SCRA 114

445. Abellana v. Marave    57 SCRA 106

446. Santos v. Pizarro   465 SCRA 232

447. Velayo v. Shell Co. 100 Phil 186

448. PNB v. Court of Appeals   83 SCRA 237; 74 OG 6635

449. Manila Gas Corp. v. Court of Appeals   100 SCRA 602

450. Grand Union Supermarket v. Espino, Jr.   94 SCRA 953;76 OG (No. 29) 5073

451. Petrophil Corp v. Court of Appeals   371 SCRA 702

452. Cebu Country Club Inc. v. Elizagaque 542 SCRA 65

453. Heirs of Purisima Nala v. Cabansag 554 SCRA 437

454. Yuchengco v. The Manila Chronicle Publishing Corp. 660 SCRA 392

455. (Stanfilco) Dole Phils. v. Rodriguez 678 SCRA 651

456. AEI Phil. Inc. v. Coquia   558 SCRA 300

457. Pe et al. v. Pe   5 SCRA 200; 115 Phil 186

458. Tanjanco v. Court of Appeals 18 SCRA 994; 64 OG 3238

459. Domingo v. Maliwat   3 CAR 913

460. Quisaba et al. v. Sta Ines-Melale Veneer & Plywood Inc. 58 SCRA 771; 71 OG 7970

461. Padalhin v. Laviña 668 SCRA 549

462. Hermosisima v. Court of Appeals   109 Phil 629; 60 OG 1846

463. Wassmer v. Velez      12 SCRA 648

464. Castro v. Manila Electric Co. 9 SCRA 999

465. Toledo et al. v. Saulog Transit Corp.   3 SCRA 930

466. Equitable Banking Corp. v. Rural Insurance & Surety Co. 11 SCRA 774

467. Heirs of Pedro Tayag Jr. v. Alcantara   98 SCRA 723

468. Lim & Taha v. Ponce de Leon & Maddela    66 SCRA 299; 72 OG 68

469. Carandang v. Santiago et al. 97 Phil 94

470. Reyes v. Sempio Dy   141 SCRA 208

471. Bernaldes v. Bohol Land Transportation    7 SCRA 276

472. Vinzonz-Chato v. Fortune Tabacco Corp. 525 SCRA 11

473. Villanueva v. Rosqueta   610 SCRA 334

Friday, July 26, 2013

RE: Chicago Convention 1944 (Part-6)

Any State a member of the International Civil Aviation Organisation may accept the present Agreement as an obligation binding upon it by notification of its acceptance to the Government of the United States, and such acceptance

in witness whereof, the undersigned, having been duly authorised, sign this Agreement on behalf of their respective governments on the dates appearing opposite their respective signatures.

done at Chicago the seventh day of December, 1944, in the English language. A text drawn up in the English, French, and Spanish languages, each of which shall be of equal authenticity, shall be opened for signature at Washington, D.C. Both texts shall be deposited in the archives of the Government of the United States of America, and certified copies shall be transmitted by that Government to the governments of all the States which may sign or accept this Agreement.

[List of Signatories omitted — see below, App. H.]

appendix IV -INTERNATIONAL AIR TRANSPORT AGREEMENT

The States which sign and accept this International Air Transport Agreement being members of the International Civil Aviation Organisation declare as follows:

Article I Section 1

Each contracting State grants to the other contracting States the following freedoms of the air in respect of scheduled international air services:

(1) The privilege to fly across its territory without landing;

(2) The privilege to land for non-traffic purposes;

(3) The privilege to put down passengers, mail and cargo taken on in the

territory of the State whose nationality the aircraft possesses;

(4) The privilege to take on passengers, mail and cargo destined for the

territory of the State whose nationality the aircraft possesses;

(5) The privilege to take on passengers, mail and cargo destined for the

territory of any other contracting State and the privilege to put down passengers, mail and cargo coming from any such territory.

With respect to the privileges specified under paragraphs (3), (4) and (5) of this Section, the undertaking of each contracting State relates* only to through services on a route constituting a reasonably direct line 'out from and back to the homeland of the State whose nationality the aircraft possesses. The privileges of this section shall not be applicable with respect to airports utilised for military purposes to the exclusion of any scheduled

international air services. In areas of active hostilities or of military occupation, and in time of war along the supply routes leading to such areas, the exercise of sudi privileges shall be subject to the approval of the competent military authorities.

Section 2

The exercise of the foregoing privileges shall be in accordance with the provisions of the Interim Agreement on International Civil Aviation and, when it comes into force, with the provisions of the Convention on International Civil Aviation, both drawn up at Chicago on December 7, 1944.

Section 3

A contracting State granting to the airlines of another contracting State the privilege to stop for non-traffic purposes may require such airlines to offer reasonable commercial service at die points at which such stops are made.

Such requirement shall not involve any discrimination between airlines operating on the same route, shall take into account the capacity of the aircraft, and shall be exercised in such a manner as not to prejudice the normal operations of the international air services concerned or the rights and obligations of any contracting State.

Section 4

Each contracting State shall have the right to refuse permission to the aircraft of other contracting States to take on in its territory passengers, mail and cargo carried for remuneration or hire and destined. for another point within its territory. Each contracting State undertakes not to enter into any arrangements which specifically grant any such privilege on an exclusive basis to any other State or an airline of any other State, and not to obtain any such exclusive privilege from any other State.

Section 5

Each contracting State may, subject to the provisions of this Agreement,

(1) Designate the route to be followed within its territory by any inter
national air service and the airports which any such service may
use;

(2) Impose or permit to be imposed on any such service just and reason
able charges for the use of such airports and other facilities; these
charges shall not be higher than would be paid for the use of such
airports and facilities by its national aircraft engaged in similar
international services: provided that, upon representation by an
interested contracting State, the charges imposed for the use of
airports and other facilities shall be subject to review by the Council
of the International Civil Aviation Organisation established under
the above-mentioned Convention, which shall report and make
recommendations thereon for the consideration of the State or States
concerned.

Section 6

Each contracting State reserves the right to withhold or revoke a certificate or permit to an air transport enterprise of another State in any case where it is not satisfied that substantial ownership and effective control are vested in nationals of a contracting State, or in case of failure of such air transport

enterprise to comply with the laws of the State over which it operates, or to perform its obligations under this Agreement.

Article II Section 1

The contracting States accept this Agreement as abrogating all obligations and understandings between them which are inconsistent with its terms, and undertake not to enter into any such obligations and understandings. A contracting State which has undertaken any other obligations inconsistent widi this Agreement shall take immediate steps to procure its release from the obligations. If an airline of any contracting State has entered into any such inconsistent obligations, die State of which it is a national shall use its best efforts to secure their termination fordiwidi and shall in any event cause diem to be terminated as soon as such action can lawfully be taken after the coming into force of this Agreement.

Section 2

Subject to the provisions of die preceding Section, any contracting State may make arrangements concerning international air services not inconsistent with this Agreement. Any such arrangement shall be fordiwidi registered widi die Council; which shall make it public as soon as possible.

Article III

Each contracting State undertakes diat in die establishment and operation of through services due consideration shall be given to the interests of die odier contracting States so as not to interfere unduly widi dieir regional services or to hamper die development of their through services.

Article IV Section 1

Any contracting State may by reservation attached to this Agreement at the time of signature or acceptance elect not tp grant and receive die rights and obligations of Article I, Section 1, paragraph (5), and may at any time after acceptance, on six months' notice given by it to the Council, wididraw itself from such rights and obligations. Such contracting State may on six months' notice to die Council assume or resume, as die case may be, such rights and obligations. No contracting State shall be obliged to grant any right under die said paragraph to any contracting State not bound thereby.

Section 2

A contracting State which deems diat action by another contracting State under this Agreement is causing injustice or hardship to it, may request die Council to examine die situation. The Council shall thereupon inquire into die matter, and shall call the States concerned into consultation. Should such consultation fail to resolve die difficulty, the Council may make appropriate findings and recommendations to the contracting States concerned. If thereafter a contracting State concerned shall in the opinion of the Council unreasonably fail to take suitable corrective action, the Council may recommend to the Assembly of die above-mentioned Organisation that such contracting State be suspended from its rights and privileges under this Agreement until such action has been taken. The Assembly by a two-thirds vote

may so suspend such contracting State for such period of time as it may deem proper or until the Council shall find that corrective action has been taken by such State. .'

Section 3

If any disagreement between two or more contracting States relating to the interpretation or application of this Agreement cannot be settled by negotiation, die provisions of Chapter XVIII of the above-mentioned Convention shall be applicable in the same manner as provided therein with reference to any disagreement relating to die interpretation or application of the above-mentioned Convention.

Article V

This Agreement shall remain in force as long as the above-mentioned Convention; provided, however, that any contracting State, a party to die present Agreement, may denounce it on one year's notice given by it to the Government of the United States of America, which shall at once inform all other contracting States of such notice and wididrawal.

Article VI

Pending the coming into force of die above-mentioned Convention, all references to it herein other than those contained in Article IV, Section 3, and Article VII shall be deemed to be references to the Interim Agreement on International Civil Aviation drawn up at Chicago on December 7, 1944; and references to die International Civil Aviation Organisation, die Assembly, and the Council shall be deemed to be references to die Provisional International Civil Aviation Organisation, die Interim Assembly, and die Interim Council, respectively.

Article VII

For the purposes of diis Agreement, " territory" shall be defined as in Article 2 of the above-mentioned Convention.

Article VIII signatures and acceptances of agreement

The undersigned delegates to die International -Civil Aviation Conference, convened in Chicago on November 1, 1944, have affixed their signatures to this Agreement widi the understanding diat die Government of die United States of America shall be informed at the earliest possible date by each of die governments on whose behalf the Agreement has been signed whether signature on its behalf shall constitute an acceptance of the Agreement by that government and an obligation binding upon it.

Any State'a member of the International Civil Aviation Organisation may accept die present Agreement as an obligation binding upon it by notification of its acceptance to the Government of die United States, and such acceptance shall become effective upon die date of the receipt of such notification by dial Government.

This Agreement shall come into force as between contracting States upon its acceptance by each of them. Thereafter it shall become binding as to each other State indicating its acceptance to die Government of the United States on the date of the receipt of the acceptance by that Government.

The Government of the United States shall inform all signatory and accepting States of the date of all acceptances of the Agreement, and of the date on which jt comes into force for each accepting State.

in witness whereof, the undersigned, having been duly authorised, sign this Agreement on behalf of their respective governments on the date appearing opposite their respective signatures.

[List of Signatories omitted—see below, App. H.]

appendix V

DRAFTS OF TECHNICAL ANNEXES [Omitted.]

RE: Chicago Convention 1944 (Part-5)

Articles 71 and 72, by paying to the Council an amount which in the opinion of the Council is reasonable in the circumstances. If the State considers that the amount fixed by the Council is unreasonable it may appeal to the Assembly against the decision of the Council and the Assembly may confirm or amend the decision of the Council.

Article 76 Return of funds

Funds obtained by the Council through reimbursement under Article 75 and from receipts of interest and amortisation payments under Article 74 shall, in the case or advances originally financed by States under Article 73, be returned to the States which were originally assessed in the proportion of their assessments, as determined by the Council.

chapter XVI joint operating organisations and pooled services

Article 77 Joint operating organisations permitted

Nothing in this Convention shall prevent two or more contracting States from constituting joint air transport operating organisations or international operating agencies and from pooling their air services on any routes or in any regions, but such organisations or agencies and such pooled services shall be subject to all the provisions of this Convention, including those relating to the registration of agreements with the Council. The Council shall determine in what manner the provisions of this Convention relating to nationality of aircraft shall apply to aircraft operated by international operating agencies.

Article 78 Function of Council

The Council may suggest to contracting States concerned that they form joint organisations to operate air services on any routes or in any regions.

Article 79 Participation in operating organisations

A State may participate in joint operating- organisations -or in pooling arrangements, either through its government or through an airline company or companies designated by its government. The companies may, at the sole discretion of the State concerned, be State-owned or partly State-owned or privately owned.

PART IV—FINAL PROVISIONS

chapter XVII other aeronautical agreements and arrangements

Article 80 Paris and Habana Conventions

Each contracting State undertakes, immediately upon the coming into force of this Convention, to give notice of denunciation of the Convention relating

to the Regulation of Aerial Navigation signed at Paris on October 13, 1919,¹⁵or the Convention on Commercial Aviation signed at Habana on February 20, 1928,¹⁶ if it .is a party to either. As between contracting States, this Convention supersedes the Conventions of Paris and Habana previously referred to.

Article 81 Registration of existing agreements

All aeronautical agreements which are in existence on the coming into force of this Convention, and which are between a contracting State and any other State or between an airline of a contracting State and any other State or the airline of any odier State, shall be forthwith registered with the Council.

Article 82 Abrogation of inconsistent arrangements

The contracting States accept this Convention as abrogating all obligations and understandings between diem which are inconsistent widi its terms, and undertake not to enter into any such obligations and understandings. A contracting State which, before becoming a member of the Organisation has undertaken any obligations toward a non-contracting State or a national of a contracting State or of a non-contracting State inconsistent widi the terms of this Convention, shall take immediate steps to procure its release from the obligations. If an airline of any contracting State has entered into any such inconsistent obligations, the State of which it is a national shall use its best efforts to secure their termination forthwith and shall in any event cause them to be terminated as soon as such action can lawfully be taken after the coming into force of this Convention.

Article 83 Registration of new arrangements

Subject to the provisions of the preceding Article, any contracting State may make arrangements not inconsistent widi the provisions of this Convention. Any such arrangement shall be forthwith registered with the Council, which shall make it public as soon as possible.

chapter XVIII -disputes and default

Article 84 Settlement of disputes

If any disagreement between two or more contracting States relating to the interpretation or application of this Convention and its Annexes cannot be settled by negotiation, it shall, on die application of any State concerned in the disagreement, be decided by the Council. No member of die Council shall vote in die consideration by the Council of any dispute to which it is a party. Any contracting State may, subject to Article 85, appeal from the decision of die Council to an ad hoc arbitral tribunal agreed upon with the odier parties to die dispute or to die Permanent Court of International

is U.K.T.S. No. 2 (1922), Cmd. 1609; Hudson, 1 Int.Leg., p. 359. « L.N.T.S., No. 2963; Hudson, 4 Int.Leg., p. 2354.

Justice. Any such appeal shall be notified to the Council within sixty days of receipt of notification of the decision of the Council.

Article 85 Arbitration procedure

If any contracting State party to a dispute in which the decision of the Council is under appeal has not accepted the Statute of the Permanent Court of International Justice and the contracting States parties to the dispute cannot agree on the choice of the arbitral tribunal, each of the contracting States parties to the dispute shall name a single arbitrator who shall name an umpire. If eidier contracting State party to the dispute fails to name an arbitrator within a period of three months from the date of the appeal, an arbitrator shall be named on behalf of that State by the President of the Council from a list of qualified and available persons maintained by the Council. If, within 30 days, the arbitrators cannot agree on an umpire, the President of the Council shall designate an umpire from the list previously referred to. The arbitrators and the umpire shall then joindy constitute an arbitral tribunal. Any arbitral tribunal established under diis or the preceding Article shall settle its own procedure and give its decisions by majority vote, provided that the Council may determine procedural questions in the event of any delay which in the opinion of die Council is excessive.

Article 86 Appeals

Unless die Council decides otherwise, any decision by die Council on whedier an international airline is operating in conformity widi the provisions of diis Convention shall remain in effect unless reversed on appeal. On any odier matter, decisions of die Council shall, if appealed from, be suspended until the appeal is decided. The decisions of the Permanent Court of International Justice and of an arbitral tribunal shall be final and binding.

Article 87 Penalty for non-conformity by airline

Each contracting State undertakes not to allow the operation of an airline of a contracting State through die airspace above its territory if die Council has decided that die airline concerned is not conforming to a final decision rendered in accordance widi die previous Article.

Article 88 Penalty for non-conformity by State

The Assembly shall suspend die voting power in the Assembly and in die Council of any contracting State that is found in default under the provisions of this Chapter.

chapter XIX war

Article 89 War and emergency conditions

In case of war, the provisions of diis Convention shall not affect die freedom of action of any of the contracting States affected, whedier as

belligerents or as neutrals. The same principle shall apply in the case of any contracting State which declares a state of national emergency and notifies the fact to die Council.

chapter XX annexes

Article 90 Adoption and Amendment of Annexes

(a) The adoption by the Council of the Annexes described in Article 54, sub-paragraph (/), shall require the vote of two-thirds of the Council at a meeting called for that purpose and shall then be submitted by the Council to each contracting State. Any such Annex or any amendment of an Annex shall become effective within three months after its submission to die contracting States or at the end of such longer period of time as the Council may prescribe, unless in the meantime a majority of die contracting States register their disapproval with die Council.

(b~) The Council shall immediately notify all contracting States of the coming into force of any Annex or amendment thereto.

chapter XXI ratifications, adherences, amendments, and denunciations

Article 91 Ratification of Convention

(a) This Convention shall be subject to ratification by the signatory States.
The instruments of ratification shall be deposited in the archives of the
Government of the United States of America, which shall give notice of the
date of die deposit to each of the signatory and adhering States.

(b) As soon as this Convention has been ratified or adhered to by twenty-
six States it shall come into force between diem on the thirtieth day after
deposit of die twenty-sixth instrument. It shall come into force for each
State ratifying thereafter on the thirtiedi day after the deposit of its instru
ment of ratification.

(c) It shall be the duty of die Government of die United States of America
to Botify the government of each of die signatory and adhering States of the
date on which this Convention comes into force.

Article 92 Adherence to Convention

(a) This Convention shall be open for adherence by members of the
United Nations and States associated with them, and States which remained
neutral during the present world conflict.

(b) Adherence shall be effected by a notification addressed to the Govern
ment of die United States of America and shall take effect as from die
thirtieth day from die receipt of the notification by the Government of
the United States of America, which shall notify all die contracting States.

Article 93 Admission of other States

States other than those provided for in Articles 91 and 92 (a) may, subject to approval by any general international organisation set up by the nations of the world to preserve peace, be admitted to participation in this Convention by means of a four-fifths vote of the Assembly and on such conditions as the Assembly may prescribe: provided that in each case the assent of any State invaded or attacked during the present war by the State seeking admission shall be necessary.

(Article 93 bis " Expulsion, readmission and suspension

(a) Notwithstanding the provisions of Articles 91, 92 and 93, above,

(1) A State whose government the General Assembly of the United
Nations has recommended be debarred from membership in inter
national agencies established by or brought into relationship with
the United Nations shall automatically cease to be a member of the
International Civil Aviation Organisation;

(2) A State which has been expelled from membership in the United
Nations shall automatically cease to be a member of the Inter
national Civil Aviation Organisation unless the General Assembly
of the United Nations attaches to its act of expulsion a recom
mendation to the contrary.

(b) A State which ceases to be a member of the International Civil
Aviation Organisation as a result of the provisions of paragraph (a) above
may, after approval by the General Assembly of the United Nations, be
readmitted to the International Civil Aviation Organisation upon application
and upon approval by a majority of the Council.

(c) Members of the Organisation which are suspended from the exercise
of the rights and privileges of membership of the United Nations shall, upon
the request of the latter, be suspended from the rights and privileges of
membership in this Organisation^)

Article 94 Amendment of Convention

(a) Any proposed amendment to this Convention must be approved by
a two-diirds vote of the Assembly and shall then come into force in respect
of States which have ratified such amendment when ratified by die number
of contracting States specified by die Assembly. The number so specified
shall not be less dian two-diirds of the total number of contracting States.

(b) If in its opinion die amendment is of such a nature as to justify this
course, the Assembly in its resolution recommending adoption may provide
that any State which has not ratified widiin a specified period after die
amendment has come into force shall diereupon cease to be a member of
die Organisation and a party to die Convention.

¹⁷ See Amendment Protocol I, 1947, below, App. B. Not yet in force; for ratifications, see below, App. H.

Article 95 Denunciation, of Convention

(a) Any 'contracting State may give notice of denunciation of this Convention three years after its coming into effect by notification addressed to the Government of the United States of America, which shall at once inform each of the contracting States.

(ii) Denunciation shall take effect one year from the date of the receipt of the notification and shall operate only as regards the State effecting the denunciation.

chapter XXII definitions

Article 96 For the purpose of this Convention the expression:

(a) " Air Service " means any scheduled air service performed by aircraft
for the public transport of passengers, mail or cargo.

(b) " International air service " means an air service which passes through
the air space over the territory of more than one State.

(c) " Airline " means any air transport enterprise offering or operating an

international air service.

(d) " Stop for non-traffic purposes " means a landing for any purpose other
than taking on or discharging passengers, cargo or mail.

signature of convention

In witness whereof, the undersigned Plenipotentiaries, having been duly authorised, sign this Convention on behalf of their respective governments on the dates appearing opposite their signatures.

done at Chicago the 7th day of December, 1944, in the English language. A text drawn up in the English, French, and Spanish languages, each of which shall be of equal authenticity, shall be opened for signature at Washington, D.C. Both texts shall be deposited in the archives of the Government of the United States of America, and certified copies shall be transmitted by that Government to the governments of all the States which may sign or adhere to this Convention.

for the government of

[List of Signatories omitted—see below, App. H.]

appendix IIL--- -*•

INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT

The States which sign and accept this International Air Services Transit Agreement, being members of the International Civil Aviation Organisation, declare as follows:

Section 1

Article I

Each contracting State grants to the other contracting States the following freedoms of the air in respect of scheduled international air services:

Transit Agreement, 1944

(1) The privilege to fly across its territory without landing;

(2) The privilege to land for non-traffic purposes.

The privileges of this section shall not be applicable with respect to airports utilised for military purposes to the exclusion of any scheduled international air services. In areas of active hostilities or of military occupation, and in time of war along the supply routes leading to such areas, the exercise of such privileges shall be subject to the approval of the competent military authorities.

Section 2

Section 3

Section 4

Each contracting State may, subject to the provisions of this Agreement,

(1) Designate the route to be followed within its territory by any inter
national air service and the airports which any such service may
use;

(2) Impose or permit to be imposed on any such service just and reason-

able charges for the use of such airports and other facilities; these charges shall not be higher than would be paid for the use of such airports and facilities by its national aircraft engaged in similar international services: provided that, upon representation by an interested contracting State, the charges imposed for the use of airports and other facilities shall be subject to review by the Council of the International Civil Aviation-Organisation established under the above-mentioned Convention, which shall report and make recommendations thereon for the consideration of the State or States concerned.

Section 5

„ . , Article II

Section 1

A contracting State which deems that action by another contracting State under this Agreement is causing injustice or hardship to it, may request the

Council to examine the situation. The Council shall thereupon inquire into the matter, and shall call the States concerned into consultation. Should such consultation fail to resolve the difficulty, the Council may make appropriate findings and recommendations to the contracting States concerned. If thereafter a contracting State concerned shall in the opinion of the Council unreasonably fail to take suitable corrective action, the Council may recommend to the Assembly of the above-mentioned Organisation that such contracting State be suspended from its rights and privileges under this Agreement until such action has been taken. The Assembly by a two-thirds vote may so suspend such contracting State for such period of time as it may deem proper or until the Council shall find that corrective action has been taken by such State.

Section 2

If any disagreement between two or more contracting States relating to the interpretation or application of this Agreement cannot be settled by negotiation, die provisions of Chapter XVIII of die above-mentioned Convention shall be applicable in die same manner as provided dierein with reference to any disagreement relating to the interpretation or application of die above-mentioned Convention.

Article III

This Agreement shall remain in force as long as the above-mentioned Convention; provided, however, that any contracting State, a party to the present Agreement, may denounce it on one year's notice given by it to the Government of the United States of America, which shall at once inform all odier contracting States of such notice and wididrawal.

Article IV

Pending the coming into force of die above-mentioned Convention, all references to it herein, other than those contained in Article II, Section 2, and Article V, shall be deemed to be references to the Interim Agreement on International Civil Aviation drawn up at Chicago on December 7, 1944; and references to the International Civil Aviation Organisation, die Assembly, and the Council shall be deemed to be references to the Provisional International Civil Aviation Organisation, the Interim Assembly, and Interim Council, respectively.

Article V

For die purposes of diis Agreement, " territory" shall be defined as in Article 2 of the above-mentioned Convention.

Article VI signatures and acceptances of agreement

The undersigned delegates to the International Civil Aviation Conference, convened in Chicago on November 1, 1944, have affixed their signatures to this Agreement with the understanding diat the Government of die United States of America shall be informed at the earliest possible date by each of the governments on whose behalf the Agreement has been signed whether signature on its behalf shall constitute an acceptance of the Agreement by that government and an obligation binding upon it.