G.R. No. L-20099, July 7, 1966.

FACTS:

Shewaram instituted an action to recover damages suffered by him due to the alleged failure to observe extraordinary diligence in the vigilance and carriage of his luggage. He boarded a PAL plane bound for Manila from Zamboanga. One of  his suitcase did not arrive with his flight because it was sent to Iligan. However upon arrival of the suitcase in Manila, it was tampered and the transistor radio and the camera contained therein were lost. The total value of the two articles was P373.00.

PAL contended that its liability should be limited to the amount stated in the conditions of carriage printed at the back of the plane ticket – “the liability, if any, for loss or damage to checked baggage or for delay in the delivery  shall be conclusively deemed not to exceed P100.00 for each ticket.”  Since Shewaram failed to declare a higher value and pay for the declared amount, he cannot demand payment in excess of P100.00.