RCJ bus lines v Master tours Gr 177232 Sps mariano vs ana concepcio Gr 172825 Union bank v maunlat Gr 190071

Del monte v dow chemical Gr no 179232 Makati shang v harper Gr no 189998 Sps serfina v far east Gr no 171 845 Viloria vs continental AL Gr no 188288 Cabreza v cabreza January 16, 2012 Orix v minors Gr no 174266 Milla vs people Gr no 188726 People v fontanilla Gr no 177743 Serra v mumar -- gr no 193861 Villanueva v managoit gr 188601 Rcc v pante gr no 174118 Estores v supangan gr 175137 Pnb v chong gr 170892 Del Carmen v bacoy gr 173870 Bano v bachelor March 12, 2012 Menodza v cagumpang -- Gr

cielo Issa Marvin Roju James Alice Jana Jade Cla Joyce Karlon Sharky Marnie Veda kams Andre

197982 Ficar vs espinas gr 174156 Australian realty v Garcia Gr 183367 Del Carmen v bacoy gr 173870 Aniceto v heirs of serafin gr 190875 Sps rabat v pnb Gr 158755 Viegely v manotok Gr no 170509 Heirs of servando v sps Gonzales gr no 159709 Rcj bus v master tours gr 177232 Milla v people gr no 188726 Lalicon v NHA gr no 185440 Mactan intl airport v lazada gr 176625 Heirs of ureta v heirs liberato gr 165748 Enrico santos v nso gr 171129 Duban corp v pioneer Gr no 179419 Sps yap v sps dy Gr no 171868 Dr. rubi li v sps soliman gr 165279 Loadmaster v gladel brokerage gr 179446

Kring Tina

Josh Rio Migs

Prince Leng Eric

Eryl Frances John

INSTRUCTIONS: 1. Use black .5 sign pen 2. Write in PRINT not cursive 3. Margin is 1.5 left and 1 right; imaginary margin lang ah! 4. Use cattleya brand yellow paper 5. Write the title, gr, date and ponente at the upper most left; one line/space for each 6. Facts issue held 7. Due on JAN 30. Give them to me after comm class. 8. If u plan not complying with the due date; tell me ahead; HINDI KITA ILALAGAY SA LIST NG NAG PASS. 9. Just in case I left out some details; heres a sample digest.

Air France vs. Rafael Carrascoso And The Honorable Court Of Appeals G.R. No. L-21438 September 28, 1966 Sanchez, J.: (one space) (one space) FACTS: Rafael Carrascoso, a civil engineer, was a member of a group of 48 Filipino pilgrims that left Manila for Lourdes. (one space) Air France, through its authorized agent, Philippine Air Lines, Inc., issued to Carrascoso a "first class" round trip airplane ticket from Manila to Rome. From Manila to Bangkok, Carrascoso travelled in "first class", but at Bangkok, the Manager of the Air France forced Carrascoso to vacate the "first class" seat that he was occupying because there was a "white man", who, the Manager alleged, had a "better right" to the seat. When asked to vacate his "first class" seat, Carrascoso, as was to be expected, refused, and told defendant's Manager that his seat would be taken over his dead body; a commotion ensued, and, according to said Ernesto G. Cuento, "many of the Filipino passengers got nervous in the tourist class; when they found out that Mr.Carrascoso was having a hot discussion with the white man [manager], they came all across to Mr.Carrascoso and pacified Mr.Carrascoso to give his seat to the white man. (one space) Carrascoso filed for moral damages, averring in his complaint the contract of carriage between Air France and himself. Air France claims that to authorize an award for moral damages there must be an averment of fraud or bad faith, upon which Carrascosos complaint is silent. (one space) ISSUE: Whether there is a quasi-delict(despite the contractual relation between the parties) and if so, whether Carrascoso is entitled to moral damages (one space) HELD: YES. Although the relation of passenger and carrier is "contractual both in origin and nature" nevertheless "the act that breaks the contract may be also a tort". (one space) There is a contract of carriage between the parties and such contract was breached by Air France when it wrongfully forced Carrascoso to vacate the first class seat which he paid for. The wrongful expulsion is independent of the breach since even without the contract, such wrongful expulsion may still make Air France liable for damages. In other words, the wrongful expulsion is in itself a tort. (one space) The foregoing substantially aver: First, That there was a contract to furnish plaintiff a first class passage covering, amongst others, the Bangkok-Teheran leg; Second, That said contract was breached when petitioner failed to furnish first class transportation at Bangkok; and Third, That there was bad faith when petitioners 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, embarrassment and humiliation, thereby causing him mental anguish, serious anxiety, wounded feelings and social humiliation, resulting in moral damages. It is true that there is no specific mention of the term bad faith in the complaint. But, the inference of bad faith is there; it may be drawn from the facts and circumstances set forth therein. The contract was averred to establish the relation between the parties. But the stress of the action is put on wrongful expulsion.