Air France vs. Carrascoso G.R.

# L-21438, September 28, 1966

Fact:

The plaintiff, Rafael Carrascoso, a civil engineer, was a member of a group of 48 Filipino pilgrims
that left Manila for Lourdes on March 30, 1958. The plaintiff then paid for and was issued a “First
class” ticket by Air France from Manila to Rome. During a stopover in Bangkok, the manager of
Air France asked the plaintiff to vacate his seat because a white man has a “better right” than
him. At first, the plaintiff protested, but, as things got heated up, he was asked by the other
Filipinos on board to give up his seat and transfer in the tourist class. After the trip, Carrascoso
sued Air France for the embarrassment and inconvenience he suffered.

The trail court awarded damages to the plaintiff which was affirmed by the Court of Appeals. Air
France assailed the decision. According to them, the issuance of a first class ticket does not
guarantee Carrascoso a seat in the first Class.

Issue:

Whether or not Air France is liable for the damages to Carrascoso and on what basis?

Ruling:

Yes. Air France is liable based on culpa contractual and culpa aquiliana.

Culpa Contractual- There exists a contract of carriage between Air France and Carrascoso. There
was a contract to furnish Carrasocoso a first class passage; Second, That said contract was
breached when Air France failed to furnish first class transportation at Bangkok; and Third, that
there was bad faith when Air France’s 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, 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 France’s 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- Here, the SC ruled, even though there is a contract of carriage between Air
France and Carrascoso, 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 carrier’s 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. So it is,
that any rule or discourteous conduct on the part of employees towards a passenger gives the
latter an action for damages against the carrier. Air France’s contract with Carrascoso is one
attended with public duty. The stress of Carrascoso’s 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.