The petitioner purchased from NOA a round-trip ticket in San Francisco, U.S.A., for his flight from San Francisco to Manila via Tokyo and back. For his scheduled departure to Manila to San Francisco, he was informed that he had no reservation for his flight from Tokyo to Manila. He therefore had to be wait-listed.
Petitioner, sued Nortwest Orient Airlines (NOA) for damages in the Regional Trial Court of Makati. NOA moved to dismiss the complaint on the ground of lack of jurisdiction. Citing the Article 28(1) of the Warsaw Convention, it contended that the complaint could be instituted only in the territory of one of the High Contracting Parties, before:
- the court of the domicile of the carrier;
- the court of its principal place of business;
- the court where it has a place of business through which the contract had been made;
- the court of the place of destination.