Air France v. Carrascoso

, 18 SCRA 155 (1966)

Facts:

Respondent bought First Class tickets from petitioners agent (PAL) for a trip from Manila to Lourd

es. Upon confirmation of said tickets, he flew first class to the first 2 legs of the trip (HK, BKK). However, in Bangkok, after being

seated, the manager of the petitioner asked him to transfer to the Tourist Class in lieu of another passenger (white man).

Reluctantly, he did. Respondent sued petitioner for damages on the ground of wrongful expulsion to which the Trial Court

& the CA granted and awarded him moral (25k), exemplary (10k), and attorneys fees (10k). Petitioner appealed

contending that its contract with the passenger was subject for confirmation. Held: Air France is liable. The facts and circumstances of the cases make it reasonable for respondent to be awarded said damages. Neither the captain nor any employee of the petitioner intervened. There was also no evidence presented that the white man had a prior right/reservation. Respondent is entitled to said First Class seat.

The managers arbitrary act made

respondent suffer humiliation. Said manager acted in a manner contrary to morals, good customs, public policy (Art. 21 CC).

Passengers do not contract merely for transportation. They have a right to be treated by the carriers employees with

respect and kindness.

Petitioners contract is attended by a public duty and a violation of which is

considered a

quasi delict

wherein damages may be awarded