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    (CD) Air France v. Carrascoso - G.R. No. L-21

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    The Concerned Lawstudent
    Rafael Carrascoso purchased a first class round trip ticket from Manila to Rome from Air France through Philippine Air Lines. However, when he arrived in Bangkok, the Air France manager forced him to give up his first class seat to a white man, despite Carrascoso refusing. Carrascoso filed a case that he won in both the CFI and CA. The Supreme Court ruled that Air France breached its contract by failing to provide first class transportation in Bangkok and acted in bad faith by compelling Carrascoso to relinquish his seat, causing him moral damages. The court affirmed the rulings of the lower courts, finding Air France liable.

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    (CD) Air France v. Carrascoso - G.R. No. L-21

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    The Concerned Lawstudent
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    Rafael Carrascoso purchased a first class round trip ticket from Manila to Rome from Air France through Philippine Air Lines. However, when he arrived in Bangkok, the Air France manager forced him to give up his first class seat to a white man, despite Carrascoso refusing. Carrascoso filed a case that he won in both the CFI and CA. The Supreme Court ruled that Air France breached its contract by failing to provide first class transportation in Bangkok and acted in bad faith by compelling Carrascoso to relinquish his seat, causing him moral damages. The court affirmed the rulings of the lower courts, finding Air France liable.

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    [CD] Air France v. Carrascoso - G.R. No. L-21

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    Rafael Carrascoso purchased a first class round trip ticket from Manila to Rome from Air France through Philippine Air Lines. However, when he arrived in Bangkok, the Air France manager forced him to give up his first class seat to a white man, despite Carrascoso refusing. Carrascoso filed a case that he won in both the CFI and CA. The Supreme Court ruled that Air France breached its contract by failing to provide first class transportation in Bangkok and acted in bad faith by compelling Carrascoso to relinquish his seat, causing him moral damages. The court affirmed the rulings of the lower courts, finding Air France liable.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    40 views2 pages

    (CD) Air France v. Carrascoso - G.R. No. L-21

    Uploaded by

    The Concerned Lawstudent
    Rafael Carrascoso purchased a first class round trip ticket from Manila to Rome from Air France through Philippine Air Lines. However, when he arrived in Bangkok, the Air France manager forced him to give up his first class seat to a white man, despite Carrascoso refusing. Carrascoso filed a case that he won in both the CFI and CA. The Supreme Court ruled that Air France breached its contract by failing to provide first class transportation in Bangkok and acted in bad faith by compelling Carrascoso to relinquish his seat, causing him moral damages. The court affirmed the rulings of the lower courts, finding Air France liable.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    AIR FRANCE, PETITIONER, VS.

    RAFAEL CARRASCOSO AND THE HONORABLE


    COURT OF APPEALS, RESPONDENTS.

    G.R. No. L-21438, September 28, 1966

    FACTS

    Air France, through its authorized agent, Philippine Air Lines, Inc., issued to Rafael Carrascoso a
    'first class' round trip airplane ticket from Manila to Rome. From Manila to Bangkok, plaintiff
    travelled in 'first class', but at Bangkok, the Manager of the defendant airline forced Carrascoso
    to vacate the 'first class' seat that he was occupying because, in the words of the witness Ernesto
    G. Cuento, there was a 'white man', who, the Manager alleged, had a 'better right’ to the seat.

    When asked to vacate his 'first class' seat, Carrascoso, as expected, refused, and told defendant's
    Manager that his seat would be taken over his dead body; a commotion ensued, and, according to
    said Ernesto G. Cuento, 'many of the Filipino passengers got nervous in the tourist class; when
    they found out that Mr. Carrascoso was having a hot discussion with the white man [manager],
    they came all across to Mr. Carrascoso and pacified Mr. Carrascoso to give his seat to the white
    man’; and Rafael Carrascoso reluctantly gave his 'first class' seat in the plane.

    Carrascoso filed a case to the CFI, which he won. Air France appealed to the CA, but was
    denied, now comes before the Supreme Court

    ISSUE

    Whether or not Air France is liable? (YES)

    RULING

    The Court is of the opinion and substantially aver: First, That there was a contract to furnish
    plaintiff a first class passage covering, amongst others, the Bangkok-Teheran leg; Second, That
    said contract was breached when petitioner failed to furnish first class transportation at Bangkok;
    and Third, That there was bad faith when petitioner's employee compelled Carrascoso to leave
    his first class accommodation berth "after he was already seated" and to take a seat in the tourist
    class, by reason of which he suffered inconvenience, embarrassments and humiliations, thereby
    causing him mental anguish, serious anxiety, wounded feelings and social humiliation, resulting
    in moral damages. It is true that there is no specific mention of the term bad faith in the
    complaint. But, the inference of bad faith is there; it may be drawn from the facts and
    circumstances set forth therein. The contract was averred to establish the relation between the
    parties. But the stress of the action is put on wrongful expulsion.

    xxxxx

    AZapanta_Digest
    First class tickets.—A written document speaks a uniform language; the spoken word could be
    notoriously unreliable. If only to achieve stability in the relations between passenger and air
    carrier, adherence to the terms of a ticket is desirable.

    xxxx

    There at the start of the trial, respondent's counsel placed petitioner on guard that he intended to
    prove that, while sitting in the plane in Bangkok, the respondent was ousted .by petitioner's
    manager, who gave his seat to a white man, and evidence of bad faith in the fulfillment of the
    contract was presented without objection on the part of the petitioner, it is therefore unnecessary
    to inquire as to whether or not there is sufficient averment in the complaint to justify an award
    for moral damages. Deficiency in the complaint, if any, was cured by the evidence.

    xxxx

    The New Civil Code gives the court ample power to grant exemplary damages in contracts and
    quasi-contracts. The only condition is that defendant should have acted in a wanton, fraudulent,
    reckless, oppressive, or malevolent manner. The manner of ejectment of respondent Carrascoso
    from his first class seat fits into this legal precept.

    "ART. 21. Any person who wilfully causes loss or injury to another in a manner that is contrary
    to morals, good customs or public policy shall compensate the latter for the damage."

    AZapanta_Digest

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