Air France vs.

Carrascoso
GR. No L-21438
September 28, 1966

FACTS:
Rafael Carrascaso, a civil engineer was a member of the group of 48 Filipino pilgrims
that left manila for Lourdes on March 30, 1956. Prior to his flight, the petitioner, the Air France,
through it authorized agent, issued to him a “first class” round trip airplane ticket from Manila
to Rome. From manila to Bangkok, Carrasco traveled in “ first class” but at Bangkok he was
forced by the manager of the Air France, to vacate his assigned seat to accommodate the ”
white man” ,who, according to the manager , has a better right to the seat than the
respondent.
The Court of the first instance of Manila has sentenced the petitioner to pay Carrascoso
for damages.
The Court of Appeals slightly reduced the amount of refund of plane ticket but affirmed
the decision of the First Instance.
Petitioner assailed the award for damages. According to the air france, the cause of
action is planted upon breach of contract.

ISSUE:
Whether or not the cause of action of Carrascoso is based on breach of contract only ?

RULING OF THE SUPREME COURT:

No. The supreme court said that the contract to transport the passengers is quite
different in kind and degree from any other contractual relation. The contract of air carriage,
therefore, generates a relation attended with a public duty. Neglect of malfeasance of the
carrier’s employees, naturally, could give grounds for an action for damages. Passenger do not
contract only 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 personal misconduct, injurious language, indignities, and abuses from such employees.
So it is, that any rule or discourteous conduct on the part of the employees towards a
passenger gives the latter an action for damages against the carrier.
 Although the relation of the passenger and carrier is “contractual both in origin in
nature” nevertheless ‘ the act that breaks the contract may be also a tort.