PDF Air France Vs Carrascoso Case Digest - Compress

AIR FRANCE
vs. CFI* RTC #+,n)

RAFAEL
RAFAEL CARRASCOSO and the HONORABLE COURT OF APPEALS
-(etitioner tried to prove b the testimon of its witnesses Luis 5aldariaga
and Rafael &ltonaga that although respondent paid for, and was issued a
*+rst
*+rst class*
class* airplane
airplane ticet, the ticet
ticet was sub6ect to con+rmati
con+rmationon in
G.R. No. L-21438 Sete!"e# 28$ 1%&& 7ongong.
7ongong. he court cannot give credit to the testimon of said witnesses.
$ral evidence
evidence cannot
cannot prevail
prevail over written evidences
evidences presente
presentedd b the
plainti which clearl show that the respondent was issued, and paid for, a
+rst class ticet without an reservation whatever. )t cannot be believe that
Fa't() after
after such
such con+r
con+rmat
mation
ion,, petiti
petitione
onerr had
had a verba
verball unders
understan
tandin
ding
g with
with
respondent
respondent that the *+rst class* ticet issued to him b petitioner would be
sub6ect to con+rmation in 7ongong.
7ongong.
Rafael Carrascoso, a civil engineer, was a member of a group of 48
Filipino pilgrims that left Manila for Lourdes on March 3, !"#8.
$n March
March %8, !"#8, &ir France,
France, through
through its authori'ed
authori'ed agent, 9CF) ruled in f avor of Carrascoso. )t sentenced petitioner to pa respondent
(hilippine
(hilippine &ir Lines,
Lines, )nc., issued to Carascoso
Carascoso a *+rst
*+rst class*
class* round
round trip (%#,. b wa of moral damages1 (!,. as e:emplar damages1
airplane ticet from Manila to Rome. From Manila to -ango, he travelled (3"3.% representing the dierence in fare between +rst class and tourist
in *+rst class*, but at -ango, the Manager of &ir France forced him to class for the portion of the trip -ango9Rome plus (3,. for attornes;
vacate the *+rst class* seat that he was occuping because there was a fees1 and the costs of suit
*white man/, who the Manager alleged, had a *better right* to the seat.
0hen ased to vacate his *+rst class* seat, a commotion ensued, man of
the Filipino passengers got nervous in the tourist class1 when the found
out that Mr. Carrascoso was having a hot discussion with the white man, CA #+,n)
the came all across to Mr. Carrascoso and paci+ed Mr. Carrascoso to give
his seat to the white man*1 and respondent reluctantl gave his *+rst class*
seat in the plane.
9 C& slightl reduced the amount
amount of refund on Carrascoso;s
Carrascoso;s plane ticet
ticet
-ecause of the incident, respondent +led an action for damages for from (3"3.% to (383.!, and voted to a<rm the appealed decision *in all
breach of contract. other respects*, with costs against petitioner.
petitioner.
Respondent contended that he paid to and received from petitioner a +rst

class ticet. -ut petitioner asserts the following2
!. hat
hat the said
said ticet
ticet did not repres
represent
ent the true and
and complete
complete intent
intent and
agreement of the parties1
%. hat said
said responden
respondentt new that he did not have con+rm
con+rmed
ed reservati
reservations
ons for
+rst class on an speci+c ight, although he had tourist class protection1 I((+e()
and !. 0hether or not Carrascoso was entitled to the +rst class seat
3. hat
hat the issuance
issuance of a +rst
+rst class ticet
ticet was no guarant
guarantee
ee that he would
would
have a +rst class ride, but that such would depend upon the availabilit of %. 0hether or not he is entitled to damages
+rst class seats.
SC R+,n)
!. /e(. )f airline companies would have the polic that a +rst9class9ticet 9 & contract to transport passengers is ?uite dierent in ind and
holder is not entitled to a +rst class seat, notwithstanding the fact that seat degree from an other contractual obligation because of the
availabilit in speci+c ights is therein con+rmed, then an air passenger is relation which an air carrier sustains with the public. he contract
placed in the hollow of the hands of an airline. here is no securit for the of air carriage, therefore, generates a relation attended with a
passengers. )t will alwas be an eas matter for an airline aided b its public dut. @eglect or malfeasance of the carrier;s emploees,
emploees, to strie out the ver stipulations in the ticet, and sa that could give ground for an action for damages. (etitioner;s contract
there was a verbal agreement to the contrar. )t is a rule that, a written with Carrascoso is one attended with public dut. he stress of
document speas a uniform language. here must be adherence to the Carrascoso;s action is placed upon his wrongful e:pulsion. his is a
ticet issued b the airline compan. =ince Carrascoso was given a >+rst violation of public dut b the petitioner air carrier A a case
class/ airplane ticet, he is entitled to such. of ?uasi9delict. Bamages are proper.
%.
/e(. 9 &rticle %! of the Civil Code provides that, >an person who willfull
causes loss or in6ur to another in a manner that is contrar to
9First, hat there was a contract to furnish Carrascoso a +rst class passage morals, good customs or public polic shall compensate the latter
covering, among others, the -ango9eheran leg1 for the damage./
Second , hat said contract was breached when petitioner failed to furnish
+rst class transportation at -ango1 and Third , that there was bad faith
when petitioner;s emploee compelled Carrascoso to leave his +rst class :emplar damages are also well awarded since the action of the
accommodation *after he was alread, seated* and to tae a seat in the respondent is based on a contract. )n addition, the plaintiDs act of
tourist class, b reason of which he suered inconvenience, e6ecting the respondent in his +rst class seat is an act which was
embarrassments and humiliations, thereb causing him mental anguish, done in a wanton, fraudulent, recless, oppressive, or malevolent
serious an:iet, wounded feelings and social humiliation, resulting in moral manner.
damages.
-SC a0#!ed the de'(on o CA.

PDF Air France Vs Carrascoso Case Digest - Compress

Uploaded by

Copyright:

Available Formats

PDF Air France Vs Carrascoso Case Digest - Compress

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

PDF Air France Vs Carrascoso Case Digest - Compress

Uploaded by

Copyright:

Available Formats

AIR FRANCE

vs. CFI* RTC #+,n)

Respondent contended that he paid to and received from petitioner a +rst

-SC a0#!ed the de'(on o CA.

You might also like