SUBJECT:

TOPIC:

Date Made:

Digest Maker:

TORTS

Culpa Aquiliana v.
Culpa Contractual

8/26/16

Garcia

CASE NAME: Air France v. Carrascoso

PONENTE: Sanchez, J.

Case Date: Sept 28, 1966

Case Summary:
Carrascoso bought a round-trip first-class passenger ticket from Manila to Rome. On the
way to Rome, however, the Manager of Air France made Carrascoso give up his first-class
seat for another person (a white man according to witness Cuento) and transfer to a
tourist-class seat. Carrascoso filed a complaint for breach of contract and award of
damages. Court ruled in favor of Carrasco and awarded him moral damages based on
quasi-delict. The act that breaks the contract may also be a tort.
Rule of Law:
Art. 21, Civil Code: Any person who wilfully causes loss or injury to another in manner
that is contrary to morals, good customs or public policy shall compensate the latter for
the damage
Art. 2219(10), Civil Code: Moral damages may be recovered in the following and
analogous cases:
(10) Acts and actions referred to in articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.

Detailed Facts:
Carrascoso bought a first-class ticket from Philippine Air Lines, agent of Air France.
From Hongkong to Saigon and Saigon to Bangkok, Carrascoso only received firstclass accommodations from Air France after Carrascoso protested and argued with
Air Frances employees.
From Bangkok to Teheran and/or Casablanca, Carrascoso was compelled to give
up first-class accommodations to a white man whose better right to the same had
not been established either then or in Court. Carrascoso was already seated at the
time.
Air Frances own witness testified that, based on the O.K. marks on Carrascosos
ticket, there was space for Carrascoso.
Lower court and CA ruled in favor of Carrascoso.
Issue:
W/N Carrasco is entitled to damages arising from tort - YES

Holding:
BLOCK D 2019 1

 The act that breaks the contract may also be a tort. In this case, when Air
France breached its contract of carriage, it also became liable for a tortious act
which gave rise to payment of damages in favor of Carrasco.
A contract to transport passengers is quite different in kind and degree from any
other contractual relation it generates a relation attended with a public duty.
Neglect or malfeasance of the carriers employees, naturally, could give ground for
an action for damages
Petitioner insists the first-class ticket was no guarantee to first-class
accommodations, as the same would depend upon the availability of first class
seats. First, Air France could not have the indiscretion to give out tickets it never
meant to honor at all. Second, Air Frances own witness, Rafael Altonaga said that
the O.K. mark in Carrascosos ticket meant that space is confirmed.
Passengers do not merely contract for transportation, but have a right to expect
kindness, respect, courtesy, and due consideration from the carriers employees.
The act of petitioners employee in forcing respondent to vacate constituted the
breach of the contract, attended with evident bad faith. Therefore the contention of
petitioner that there was no bad faith fails: though bad faith was not alleged
expressly, it may be implied from the airlines actions. As employer, petitioner
airline was held liable.
Ruling:
CA decision affirmed.

BLOCK D 2019 2