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SUPREME COURT REPORTS ANNOTATED VOLUME 187 3/8/18, 10:12 AM
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* SECOND DIVISION.
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SUPREME COURT REPORTS ANNOTATED VOLUME 187 3/8/18, 10:12 AM
SARMIENTO, J.:
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SUPREME COURT REPORTS ANNOTATED VOLUME 187 3/8/18, 10:12 AM
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1 Camilon, Serafin E., J., ponente; Campos, Jr., Jose C.; and Jurado,
Desiderio P., JJ.; Former Second Civil Cases Division.
2 Original Record, „Jose O. Juliano and Victoria G. Juliano,‰ CFI
(Quezon City, Branch XVIII), Civil Case No. 05340, September 12, 1984,
p. 1, Hon. Ernani Cruz Paño, presiding.
3 Original Record, Id., at 194; T.S.N., July 5, 1984, 9, 10.
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SUPREME COURT REPORTS ANNOTATED VOLUME 187 3/8/18, 10:12 AM
5
specifically for Alitalia passengers.
Realizing that it was already close to boarding time, the
Julianos, armed with confirmed 6
tickets, decided to
approach the check-in counter.
At the counter, a lady employee only brushed7 them aside
and ordered them to fall in line, which they did.
At any rate, they were getting restless because the lines
were no longer moving, so8 they decided to call the attention
of the airline authorities.
To make matters worse, the herein petitioner allegedly
began to discriminate. The Julianos noticed that despite
the fact that their line was not moving, some of the
passengers were 9
being escorted ahead of the line in order to
be checked-in.
For the second time, the Julianos approached the lady10 at
the counter to explain that they would miss the flight if
they were not checked in.
It was 11 then that the Julianos ran into Ms. Chuchi
Estanislao, an employee of the University of the
Philippines Asian Institute of Tourism, who could not also
check in. Together with Ms. Estanislao, they approached
the Alitalia employee wearing a uniform with the tag
„supervisor‰. He only shrugged when shown the confirmed
tickets and said that the Julianos should 12try to check-in
already because it was near departure time.
On the witness stand during the hearing at the trial
court, Anthony Wong, commercial manager of Alitalia
Airways at
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SUPREME COURT REPORTS ANNOTATED VOLUME 187 3/8/18, 10:12 AM
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SUPREME COURT REPORTS ANNOTATED VOLUME 187 3/8/18, 10:12 AM
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FIED by
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18 Rollo, 61.
19 Brief for Defendant-Appellant, AC-G.R. CV No. 05340; Rollo, 63.
20 No. L-22415, March 30, 1966, 16 SCRA 444, 445.
The plaintiffs Fernando Lopez, then Philippine Senate President Pro-
Tempore, his wife Maria V. Lopez, his son-in-law Alfredo Montelibano,
Jr., and his daughter Mrs. Alfredo Montelibano, Jr., were awarded the
following: 1) P200,000.00 as moral damages divided among the plaintiffs,
thus: P100,000.00 for Senate President Pro Tempore Fernando Lopez;
P50,000.00 for Maria J. Lopez; P25,000.00 for his son-in-law Alfredo
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SUPREME COURT REPORTS ANNOTATED VOLUME 187 3/8/18, 10:12 AM
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SUPREME COURT REPORTS ANNOTATED VOLUME 187 3/8/18, 10:12 AM
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23
being as a rule binding and conclusive. It is true that
certain exceptions have become familiar. However nothing
in the records warrants a24 review based on any of these
well-recognized exceptions.
Thus we re-affirm the ruling laid down by the Court in a
long line of cases that when an airline issues a ticket to a
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SUPREME COURT REPORTS ANNOTATED VOLUME 187 3/8/18, 10:12 AM
„After they were denied embarkation, the Julianos did not use their
Alitalia tickets but bought passage on Thai Airways International
in order to get to where they were going. The question now is: was
25
this necessary?
xxx
The purchase of tickets on Thai Airways was by calculated
choice, not by necessity. This being the case, since the Julianos
could have flown Alitalia just the same there being no compelling
necessity anymore for them to fly the same day, Our conclusion is
that they are not entitled to a refund of the cost of their Thai
26
tickets.‰
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SUPREME COURT REPORTS ANNOTATED VOLUME 187 3/8/18, 10:12 AM
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SUPREME COURT REPORTS ANNOTATED VOLUME 187 3/8/18, 10:12 AM
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Decision modified.
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SUPREME COURT REPORTS ANNOTATED VOLUME 187 3/8/18, 10:12 AM
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