Air France v Carrascoso

Although the relation of passenger and carrier is contractual both in origin and nature,
nevertheless, the act that breaks the contract may also be a tort.

Facts:
In March 1958 , Air France, through its authorized agent (PAL) issued to Rafael
Carrascoso a"first class" round trip airplane ticket from Manila to Rome.
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, he gave up his seat and was transferred to the planes tourist class.
When he was already in the Philippines, he sued Air France for damages for the
embarrassment he suffered during his trip. In court, he testified, among others, that
when he was forced to take the tourist class, he went to the planes pantry where he
was approached by a plane purser who told him that he noted in the planes journal the
following: First-class passenger was forced to go to the tourist class against his will,
and that the captain refused to intervene.
The said testimony was admitted in favor of Carrascoso. The trial court eventually
awarded damages in his favor. This was affirmed by the Court of Appeals.
Air France assailed 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
because allegedly in truth and in fact, that was not the true intent between the parties.
It also questioned the admissibility of Carrascosos testimony regarding the note made
by the purser because the said note was never presented in court.

Issues:
1.)WON Air France is liable for damages. YES
2.)WON Carrascoso is entitled to award for moral damages. YES

Ruling:

I. Air Frances liability is based on culpa-contractual and on culpa aquiliana.

Culpa Contractual : There exists a contract of carriage.
There was a contract to furnish Carrasocoso a first class passage;
It was breached when Air France failed to furnish first class transportation at Bangkok;
There was bad faith when Air Frances employee compelled him 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
Even though there is a contract of carriage, 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.
A contract to transport passengers is quite different in kind and degree from any other
contractual relation .And this, because of the relation which an air-carrier sustains with
the public. Its business is mainly with the travelling public. It invites people to avail of
the comforts and advantages it offers. The contract of air carriage, therefore, generates
a relation attended with a public duty. Neglect or malfeasance of the carrier's
employees, naturally, could give ground for an action for damages.
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.

II.
To achieve stability in the relation between passenger and air carrier, adherence to the
ticket issued is desirable.
Quoting the court, "We cannot understand how a reputable firm like Air France could
have the indiscretion to give out tickets it never meant to honor at all. It received the
corresponding amount in payment of the tickets and yet it allowed the passenger to be
at the mercy of its employees. It is more in keeping with the ordinary course of business
that the company should know whether or not the tickets it issues are to be honored or
not."
Evidence of bad faith was presented without objection on the part of the Carrascoso. In
the case, it could have been easy for Air France to present its manager to testify at the
trial or secure his deposition but defendant did neither. There is also no evidence as to
whether or not a prior reservation was made by the white man.
Exemplary damages were also awarded. The manner of ejectment fits into the condition
for exemplary damages that defendant acted in a wanton, fraudulent, reckless,
oppressive or malevolent manner.
Bad Faith is a state of mind affirmatively operating with furtive design or with some
motive of self-interest or ill will or for ulterior purpose