Ramos vs China Southern Airlines

TOPIC: Damages Alfredo S. Ramos, Conchita S. Ramos, Benjamin B. Ramos, Nelson T. Ramos and Roinson T. Ramos !s China So"thern Airlines Co. #td. $.R. No. %&'(&) %&'(&) Se*tem Se*temer er %&, %&, %+&

-ACTS: On 7 August 2003, petitioners purchased fve China Southern Airlines rom Active Travel Travel Agenc or a roundtrip plane tic!ets rom "anila to #iamen, China$ On their %a &ac! to the "anila, ho%ever, petitioners %ere prevented rom ta!ing their designated 'ight despite the act that earlier that da an agent rom Active Tours inormed them that their &oo!ings or China Southern Airlines 'ight are confrmed$  The reusal came ater petitioners alread chec!ed in all their &aggages and %ere given the corresponding claim stu&s and ater the had paid the terminal ees$ According to the airlines( agent %ith %hom the spo!e at the airport, petitioners %ere merel chance passengers &ut the ma &e allo%ed to )oin the 'ight i the are %illing to pa an additional *00 +enmin&i +"-. per person$ /hen petitioners reused to dera the additional cost, their &aggages %ere ooaded rom the plane and China China Souther Southern n Airlines Airlines 'ight 'ight then let let #iamen #iamen 1nternatio 1nternational nal Airport Airport %ithout %ithout them$ etitioners %ere a&le to ' &ac! to "anila and upon arrival, the %ent to China Southe Southern rn Airlin Airlines es to demand demand or the reim& reim&ur ursem sement ent o their their airar airare e and trave travell epenses in the amount o 47,37*$00$ /hen the airline reused to accede to their demand, petitioners initiated an action or damages &eore the +TC o "anila and sought or the pament o actual, moral and eemplar damages$ 1n their Ans%er, China Southern Airlines denied lia&ilit & alleging that petitioners %ere not confrmed passengers o the airlines &ut %ere merel chance passengers$ +TC ruled in avor o the petitioners and granted the a%ard o actual, moral and eemplar damages$ CA modifed the decision$ 5eleting the a%ard o moral and eemplar damages$

ISS/: /hethe /hetherr or not not the a%ard a%ard o moral moral and eemp eemplar lar  damage damages s should should &e granted$ R#IN$: 6es$ 6es$ A contract o carriage, in this case, air transport, transport, is intended to serve the travel traveling ing pu&lic pu&lic and thus, thus, im&ue im&ued d %ith %ith pu&li pu&lic c inter interest est$$ The The la% gover governin ning g comm common on carr carrie iers rs cons conse eue uent ntl l impo impose ses s an eac eacti ting ng stan standa dard rd o cond conduc uctt as provided in Article 87** o the Civil Code$ /ith respect to moral damages, the ollo%ing provision o the 9e% Civil Code is instru instructi ctive: ve: Artic Article le 2220$ 2220$ /ill /illul ul in)ur in)ur  to prope propert rt ma &e a legal legal grou ground nd or a%arding moral damages i the court should fnd that, under the circumstances, such damag$es are )ustl due$ The same rule applies to &reaches o contract %here the deendant acted raudulentl or in &ad aith$

-ad aith does not simpl connote &ad )udgment or negligence$ 1t imports dishonest purpose or some moral o&liuit and conscious doing o a %rong$ 1t means &reach o  a !no%n dut through some motive, interest or ill %ill that parta!es the nature o  raud$ -ad aith is in essence a uestion o intention$ /e fnd that the airline compan acted in &ad aith in insolentl &umping petitioners o the 'ight ater the have completed all the pre;departure routine$ -ad aith is evident %hen the ground personnel o the airline compan un)ustl and unreasona&l reused to &oard petitioners to the plane %hich compelled them to rent a car and ta!e the train to the nearest airport %here the &ought ne% sets o  plane tic!ets rom another airline that could ' them home$ etitioners have ever reason to epect that the %ould &e transported to their intended destination ater the had chec!ed in their luggage and had gone through all the securit chec!s$ 1nstead, China Southern Airlines oered to allo% them to )oin the 'ight i the are %illing to pa additional cost< this amount is on top o the purchase price o the plane tic!ets$ The reuirement to pa an additional are %as insult upon in)ur$ 1t is an aggravation o the &reach o contract$ =ndou&tedl, petitioners are entitled to the a%ard o moral damages$ China Southern Airlines is also lia&le or eemplar damages as it acted in a %antonl oppressive manner as succinctl discussed a&ove against the petitioners$ >emplar damages %hich are a%arded & %a o eample or correction or the pu&lic good, ma &e recovered in contractual o&ligations, as in this case, i  deendant acted in %anton, raudulent, rec!less, oppressive or malevolent manner$