Air France v.

Rafael Carrascoso and CA

GR No. L-21438
Sept 28, 1966

SANCHEZ, J.:

FACTS:
Rafael Carrascoso (Carrascoso) saw a Pilgrim that left Manila for Lourdes. Air France, through his
authorized agent, Philippine Airlines (PAL) issued a first class ticket to Carrascoso destined from Manila
to Rome. Already seated, the manager of the airline forced Carrascoso to vacate his first class seat and to
move to tourist as a white man would be replacing him in his seat as he allegedly had a better right. The
incident was witnessed by Ernesto Cuento (Cuento). Carrascoso was reluctant to part with his seat
however, he was forced to vacate after a heated argument, and thus suffered humiliation and
embarrassment. Not wanting to experience another set of inconveniences, he instead rode with Pan
American Airlines for the return trip.

ISSUE:
Whether Air France is liable for damages, upon breach of contract or Culpa Aquiliana

RULING:
Yes, Air France is liable for damages on both culpa contractual and culpa aqiliana

Culpa Contracual
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 France’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.
The Supreme Court did not give credence to Air France’s 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 carrier’s 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 France’s
contract with Carrascoso is one attended with public duty. The stress of Carrascoso’s 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.
Exemplary damages are well awarded. The 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. And this, in addition to moral damages.

The right to attorneys’ fees is fully established. The grant of exemplary damages justifies a similar
judgment for attorneys' fees. The least that can be said is that the courts below felt that it is but just and
equitable that attorneys' fees be given. We do not intend to break faith with the tradition that discretion
well exercised - as it was here - should not be disturbed.
P25,000.00, as moral damages;
10,000.00, by way of exemplary damages,
and P3,000.00 as attorneys' fees.