Air France v. Carrascoso

Air France v. Rafael Carrascoso + CA (1966) / Sanchez

Facts

Rafael Carrascoso was part of a group of pilgrims leaving for Lourdes. Air France, through PAL, issued to Carrascoso a first class round trip ticket. From Manila to Bangkok, he traveled in first class but at Bangkok, the manager of Air France forced him to vacate his seat, because a "white man" had a "better right" to it. He refused and even had a heated discussion with the manager but after being pacified by fellow passengers, he reluctantly gave up the seat.

     Air France asserts that the ticket does not represent the true and complete intent and agreement of the parties, and that the issuance of a first class ticket did not guarantee a first class ride (depends upon the availability of seats). CFI and CA disposed of this contention.

Issue and Holding

WON Carrascoso was entitled to the first class seat he claims. YES

Ratio

On CA's decision

Air France charges that CA failed to make complete findings of fact on all issues presented. SC says that so long as CA's decision contains the facts necessary to warrant its conclusions, there is nothing wrong in withholding any specific finding of facts with respect to the evidence for the defense.

On the seat issue

If a first-class ticket holder is not entitled to a corresponding seat, what security can a passenger have? It's very easy to strike out the stipulations in the ticket and say that there was a contrary verbal agreement. There was no explanation as to why he was allowed to take a first class seat before coming to Bangkok if indeed he had no seat or if someone had a better right to it.

On contract to transport, QD, etc.

This is different in kind and degree from any other contractual obligation because of the relation which an air carrier sustains with the public. Passengers do not contract merely for transportation as they have a right to be treated by the employees with kindness, respect, courtesy, consideration. What happened was a violation of public duty by Air France--a case of QD, so damages are proper. A case was cited wherein it was said that although the relation of passenger and carrier is contractual in origin and nature, the act that breaks the K may be also a tort.

On the issue of award of damages

Air France assails CA's award of moral damages, claiming that since Carrascoso's action is based on breach of contract, there must be an averment of fraud or bad faith in order to avail of said award. While there was no specific mention of "bad faith," it may be drawn from the facts and circumstances set forth. Deficiency in the complaint, if any, was cured by evidence.

Allegations in the complaint on this issue:

1. There was a K to furnish plaintiff a first class passage covering the Bangkok-Teheran leg
2. This K was breached when Air France failed to furnish first class transpo at Bangkok
3. There was bad faith when the manager compelled Carrascoso to leave his seat after he was already seated and to transfer to the tourist class, thereby making him suffer inconvenience, embarrassment, humiliation, etc.

bad faith - state of mind affirmatively operating with furtive design or with some motive of self-interest or ill will or for ulterior purposes

See NCC 21. Upon the provisions of NCC 2219 (10), moral damages are recoverable. Exemplary damages are well awarded also, since NCC gives the court power to grant such in K and QK, with the condition that the defendant acted in a wanton, fraudulent, reckless, oppressive or malevolent manner.