Case no.2: Dr. Felipa Pablo, an associate professor in the University of the Philippines, and a research grantee of the Philippine Atomic Energy Agency was invited to take part at a meeting 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. She arrived in Milan on the day before the meeting in accordance with the itinerary and time table 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?

(Give your LEGAL OPINION