PAL V Ramos (March 23, 1992) G.R. No. 92740 March 23, 1992

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 PAL v Ramos (March 23, 1992)

G.R. No. 92740 March 23, 1992


PHILIPPINE AIRLINES, INC., petitioner
vs.
JAIME M. RAMOS, NILDA RAMOS, ERLINDA ILANO, MILAGROS ILANO, DANIEL ILANO AND FELIPA JAVALERA,
respondents

Facts:
Respondents purchased plane tickets with PAL to take them from Naga City to Manila but were not allowed to board
as they failed to check-in in time. Respondent thus filed a complaint for breach of contract of carriage against
petitioners.

Respondents claim that they complied with the conditions prescribed in their tickets which is to check-in 1-hour
before flight and alleged that no one was at the check-in counter until 30 minutes before departure.

In their defense, petitioner presented the check-in counter clerk at theirNaga Branch on the date of respondent’s
scheduled flight. The clerk testified that: (1) the respondents were lateand that he noted the time of check-in on their
tickets; and (2) there were other passengers who came latebefore the respondents. Two documentary evidence were
offered, namely: (1) theticket bearing the notation “late 4:02” of the clerk; and (2) the passenger manifest showing
the other names ofother passengers who were also late.

Respondent objected to the documentary evidence submitted and argued that those are self-serving.The trial court
ruled in favor of respondents

Issue:
Whether or not the entries made on a ticket by employees of PAL maynot be given weight on the ground that the
same is self-serving.

Ruling:
No. The plane tickets of the private respondents with the notation "late 4:02" stampedon the flight coupon by the
check-in clerk immediately upon the check-in of private respondents and thepassenger Manifest which showed the
non-accommodation of Capati and Go and the respondents are entries made in the regular course of business which
the, respondents failed toovercome with substantial and convincing evidence other than their testimonies.

It is a general rule that a writing or document made contemporaneously with atransaction in which are evidenced
facts pertinent to an issue, when admitted as proof of those facts, is ordinarilyregarded as more reliable proof and of
greater probative force than the oral testimony of a witness as to suchfacts based upon memory and recollection
Spoken words could be notoriously unreliable as against a writtendocument that speaks a uniform language

Respondents’ only objection to these documents is that they are self- serving cannot be sustained. Thehearsay rule
will not apply in this case as statements, acts or conduct accompanying or so nearly connected withthe main
transaction as to form a part of it, and which illustrate, elucidate, qualify or characterize the act, areadmissible as part
of the res gestae.

The SC ruled that Court of Appeals decision is be annulled and set aside

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