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Fernandos for their tickets even if they had boarding

8. Spouses Jesus and Elizabeth Fernando v. Northwest passes. Thus, the conduct cannot be construed as bad
Airlines Inc., GR 212038, February 8, 2017 faith.

SPOUSES JESUS FERNANDO AND ELIZABETH S. 10. RTC rendered a judgment favorable to plaintiffs ruling
that there was a breach of contract of carriage.
INC., Respondent.
11. Northwest however contended hat there was no
G.R. No. 212043
breach of contract of carriage.


ISSUE: WN there was a breach of contract of carriage.
FERNANDO, Respondent.
1. In an action based on a breach of contract of carriage,
1. The spouses Jesus and Elizabeth S. Fernando the aggrieved party does not have to prove that the
(Fernandos) are frequent flyers of Northwest Airlines, common carrier was at fault or was negligent.
Inc. and are holders of Elite Platinum World Perks 2. All that he has to prove is the existence of the contract
Card, the highest category given to frequent flyers of and the fact of its non-performance by the carrier.37 As
the carrier.4 the aggrieved party, the Fernandos only had to prove
the existence of the contract and the fact of its non-
2. The Fernandos initiated the filing of the instant case performance by Northwest, as carrier, in order to be
which arose from two (2) separate incidents: first, awarded compensatory and actual damages.38
when Jesus Fernando arrived at Los Angeles (LA)
Airport on December 20, 2001; second, when the Therefore, having proven the existence of a contract of
Fernandos were to depart from the LA Airport on carriage between Northwest and the Fernandos, and
January 29, 2002. the fact of non-performance by Northwest of its
obligation as a common carrier, it is clear that
3. In their petition, the Fernandos contended that it was Northwest breached its contract of carriage with the
the personal misconduct, gross negligence and the Fernandos.
rude and abusive attitude of Northwest employees
Linda Puntawongdaycha and Linda Tang which 3. Thus, Northwest opened itself to claims for
subjected them to indignities, humiliation and compensatory, actual, moral and exemplary damages,
embarrassment. attorney's fees and costs of suit.39

4. The attitude of the aforesaid employees was wanton 4. As part of its decision, SC defined Contract of carriage:
and malevolent allegedly amounting to fraud and bad
faith. A contract of carriage is defined as one whereby a
certain person or association of persons obligate
5. According to the Fernandos, if only Linda themselves to transport persons, things, or goods from
Puntawongdaycha had taken the time to verify the one place to another for a fixed price. Under Article
validity of the ticket in the computer, she would have 1732 of the Civil Code, this "persons, corporations,
not given the wrong information to the Immigration firms, or associations engaged in the business of
Officer which aroused doubts and suspicions on Jesus carrying or transporting passengers or goods or both,
Fernando's travel plan and subjected the latter to two by land, water, or air, for compensation, offering their
(2) hours of questioning which allegedly humiliated services to the public" is called a common carrier.31
5. Undoubtedly, a contract of carriage existed between
6. He was even suspected of being an "illegal alien". The Northwest and the Fernandos.
negligence of Linda Puntawongdaycha was allegedly
so gross and reckless amounting to malice or bad faith. 6. They voluntarily and freely gave their consent to an
agreement whose object was the transportation of the
7. As to the second incident, the Fernandos belied the Fernandos from LA to Manila, and whose cause or
accusation of Northwest that they did not present any consideration was the fare paid by the Fernandos to
tickets. They presented their electronic tickets which Northwest.32
were attached to their boarding passes.

8. On the other hand, Northwest stated in its petition that

Linda Puntawongdaycha tried her best to help Jesus
Fernando get through the US Immigration.

9. As to the incident with Linda Tang, Northwest

explained that she was only following Northwest
standard boarding procedures when she asked the