Philippine Airlines, Inc. v. Vicente Lopez, Jr.

,
GR No. 156654
November 20, 2008

FACTS:
Respondent filed against petitioner a suit for moral and exemplary damages due to
latter had unjustifiably downgraded his seat from business to economy class in his flight
back to Manila from Bangkok.
Respondent alleged that PAL did not offer valid explanation for sudden change. PAL
denied any liability and claimed that Lopez did not complain against his economy seat
during the check-in and that he raised the issue only after the flight was over.
RTC Manila ruled in favor of Lopez that PAL's employees had been negligent in booking
and confirming Lopez's travel accommodations from Bangkok to Manila. Awarded
100,000 as moral damages and 20,000 as exemplary damage. CA affirmed the trial
court ruling in toto

ISSUE
Whether or not PAL shall be held liable in downgrading Respondent seat.
RULING
Yes. Petitioner submitted before SC the same question of facts raised in appeal, the
Court can not take cognizance of the case. Issues on the existence of negligence, fraud
and bad faith are questions of fact.
The amount of moral damages awarded by the trial court, as affirmed by the Court of
Appeals was not excessive. In Mercury Drug Corporation v. Baking , the Court had
stated that "there is no hard-and-fast rule in determining what would be a fair and
reasonable amount of moral damages, since each case must be governed by its own
peculiar facts. However, it must be commensurate to the loss or injury suffered." Taking
into account the attending circumstances here, the Court believe that the amount of P
100,000 awarded as moral damages is appropriate
KEY CONCEPT
The amount of moral damages awarded by the trial court, as affirmed by the Court of
Appeals was not excessive. In Mercury Drug Corporation v. Baking , the c ourt had
stated that "there is no hard-and-fast rule in determining what would be a fair and
reasonable amount of moral damages, since each case must be governed by its own
peculiar facts. However, it must be commensurate to the loss or injury suffered."