AIR FRANCE VS CARRASCOSO, GR No.

L-21438
Macacua, Alvia Aisa B.

FACTS:

Rafael Carrascoso was a first class passenger of Air France on

his way to Rome for a pilgrimage. From Manila to Bangkok, he
traveled in ‘first class’. However, at Bangkok, the Manager of
Air France forced him to vacate his seat in favor of a “white
man” who had a ‘better right to the seat.’ Feeling aggrieved,
Carrascoso sued the airline for moral damages. In his
complaint, he alleged that there was a breach of contract of
carriage between the airline and Carrascoso. However,
according to Air France, there must be averment of fraud or
bad faith in order to authorize an award of moral damages.

ISSUE:

Whether Carrascoso is entitled to the award of Moral Damages

RULING:

Yes, Carrascoso is entitled to the award of Moral Damages.

Where at the start of the trial, Carrascoso's counsel placed Air France on
guard that he intended to prove that, while sitting in the plane in Bangkok,
Carrascoso was ousted by Air France's manager, who gave his seat to a
white man, and evidence of bad faith in the fulfillment of the contract was
presented without objection on the part of the Air France, it is therefore
unnecessary to inquire as to whether or not there is sufficient averment in the
complaint to justify an award for moral damages. Deficiency in the complaint,
if any, was cured by the evidence.