[G.R. No. 120262. July 17, 1997.

PHILIPPINE AIRLINES, INC., Petitioner, v. COURT OF APPEALS and

LEOVIGILDO A. PANTEJO, Respondents.

Rebanal & Hernando Law Offices, for Petitioners.

Noel P. Catre for Private Respondents.

SYNOPSIS

Leovegildo A. Pantejo, then City Fiscal of Surigao City, was booked on a PAL flight to
Cebu City, and from Cebu City he would take a connecting flight to Surigao City. But
due to a typhoon, the connecting flight was cancelled. He asked PAL that he be billeted
in a hotel at PAL’s expense instead of the cash assistance given by PAL to its stranded
passengers. PAL refused, and Pantejo was forced to seek and accept the generosity of a
co-passenger, and he shared a room with him at the Sky View Hotel. Pantejo
subsequently learned that hotel expenses of some of his co-passengers were
shouldered by PAL. When Pantejo threatened to sue the airline for discriminating
against him, PAL offered to pay him P300.00. He later sued PAL for damages.

The trial court rendered judgment in favor of Pantejo by awarding him damages and
attorney’s fees. The Court of Appeals affirmed the decision.

The Supreme Court ruled that PAL was guilty of bad faith in disregarding its duties as a
common carrier and in discriminating against Pantejo. It was even oblivious to the fact
that Pantejo suffered humiliation and embarrassment especially because of his
government position and social prominence which necessarily subjected him to ridicule,
shame and anguish. PAL is liable for damages because of its blatant refusal to accord
the so-called amenities equally to all its stranded passengers. It has been sufficiently
established that it is PAL’s standard company policy, whenever a flight has been
cancelled, to extend to its hapless passengers cash assistance or to provide their
accommodations in hotels.

Judgment affirmed.