In March 1958, Rafael Carrascoso and several other Filipinos were tourists en route to

Rome from Manila. Carrascoso was issued a first class round trip ticket by Air France. But
during a stop-over in Bangkok, he was asked by the plane manager of Air France to vacate
his seat because a white man allegedly has a better right than him. Carrascoso protested
but when things got heated and upon advise of other Filipinos on board, Carrascoso gave
up his seat and was transferred to the planes tourist class.
After their tourist trip when Carrascoso was already in the Philippines, he sued Air France
for damages for the embarrassment he suffered during his trip.
Air France is assailing the decision of the trial court and the CA. It avers that the issuance of
a first class ticket to Carrascoso was not an assurance that he will be seated in first class
but that such would depend upon the availability of first class seats

ISSUE 1: Whether or not Air France is liable for damages and on what basis.
Culpa Contractual
There exists a contract of carriage between Air France and Carrascoso. There was a
contract to furnish Carrasocoso a first class passage; Second, That said contract was
breached when Air France failed to furnish first class transportation at Bangkok;
and Third, that there was bad faith when Air Frances 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.
The Supreme Court did not give credence to Air Frances claim that the issuance of a first
class ticket to a passenger is not an assurance that he will be given a first class seat. Such
claim is simply incredible.
Culpa Aquiliana
Here, the SC ruled, even though there is a contract of carriage between Air France and
Carrascoso, there is also a tortuous act based on culpa aquiliana. Passengers do not
contract merely for transportation. They have a right to be treated by the carriers
employees with kindness, respect, courtesy and due consideration. They are entitled to be
protected against personal misconduct, injurious language, indignities and abuses from
such employees. So it is, that any rule or discourteous conduct on the part of employees

towards a passenger gives the latter an action for damages against the carrier. Air Frances
contract with Carrascoso is one attended with public duty. The stress of Carrascosos action
is placed upon his wrongful expulsion. This is a violation of public duty by the Air France
a case of quasi-delict. Damages are proper.