Air France vs.

Carrascoso, 18 SCRA 155

Fact:

The plaintiff, Rafael Carrascoso, 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

Decision:

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.