Air France v Carrascoso

18 SCRA 155 (1996)

Facts: Air France issued to Carrascoso, a civil engineer, a 1st class round trip ticket from Manila - Rome. During the stopover at
Bangkok, the Manager of Air France forced plaintiff to vacate the 1st class seat because there was a "white man" who had better
right to the seat. As a result, he filed a suit against Air France averring in his complaint the contract of carriage between Air France
and himself. Air France claims that to authorize an award for moral damages there must be an averment of fraud or bad faith, upon
which Carrascoso’s complaint is silent. CFI Manila granted him moral and exemplary damages.

Issue: Whether Carrascoso was entitled to the 1st class seat and consequently, whether he was entitled to the damages awarded.

Ruling: Yes to both. To achieve stability in the relation between passenger and air carrier, adherence to the ticket issued is
desirable. Evidence of bad faith was presented without objection on the part of the Carrascoso. In the case, it could have been easy
for Air France to present its manager to testify at the trial or secure his deposition but defendant did neither. There is also no
evidence as to whether or not a prior reservation was made by the white man.

The manager not only prevented Carrascoso from enjoying his right to a 1st class seat, worse he imposed his arbitrary will. He
forcibly ejected him from his seat, made him suffer the humiliation of having to go to tourist class just to give way to another
passenger whose right was not established. Certainly, this is bad faith.

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 injurious language, indignities and abuse from
such employees. Any discourteous conduct on the part of employees towards a passenger gives the latter an action for damages
against the carrier.

Exemplary damages were also awarded. The manner of ejectment fits into the condition for exemplary damages that defendant
acted in a wanton, fraudulent, reckless, oppressive or malevolent manner.