Facts: Sometime on December 20, 2001, Jesus Fernando arrived at the LA Airport via Northwest Airlines Flight No. NW02 to join his family who flew earlier to the said place for a reunion for the Christmas holidays. He was asked by the Immigration Officer to have his return ticket verified and validated since the date reflected thereon. Instead the personnel of the respondent merely glanced at his ticket without checking its status with the computer and peremptorily said that the ticket has been used and could not be considered as valid. He presented his Elite Platinum World Perks Card but the personnel refused to check the validity of the ticket in the computer, instead, looked at Jesus Fernando with contempt, then informed the Immigration Officer that the ticket is not valid.
The Immigration Officer brought Jesus Fernando to the interrogation room of the Immigration and Naturalization Services (INS) where he was asked humiliating questions for more than two (2) hours. When he was finally cleared by the Immigration Officer, he was granted only a twelve (12)-day stay in the United States (US), instead of the usual six (6) months. He further incurred other expenses due to the said incident.
The second incident happened on January 29, 2002, the Fernandos were on their way back to the Philippines. When the Fernandos reached the gate area where boarding passes need to be presented, Northwest supervisor Linda Tang stopped them and demanded for the presentation of their paper tickets. They failed to present the same since Northwest issued electronic tickets (attached to the boarding passes) which they showed to the supervisor. The personnel rudely pulled them out of the queue. Elizabeth Fernando explained to Linda Tang that the matter could be sorted out by simply verifying their electronic tickets in her computer and all she had to do was click and punch in their Elite Platinum World Perks Card number. But Linda Tang arrogantly told them that if they wanted to board the plane, they should produce their credit cards and pay for their new tickets, otherwise Northwest would order their luggage off-loaded from the plane. The Fernandos printed coupon tickets and rushe back to the boarding gates since the plane was about to depart. But when the Fernandos reached the boarding gate, the plane had already departed. Hence this petition.
Issue: Whether there is a breach of contract of carriage in the case at bar
Held: Yes. The Fernandos' cause of action against Northwest stemmed from a breach of contract of carriage. A contract is a meeting of minds between two persons whereby one agrees to give something or render some service to another for a consideration. There is no contract unless the following requisites concur: (1) consent of the contracting parties; (2) an object certain which is the subject of the contract; and (3) the cause of the obligation which is established.[30]
A contract of carriage is defined as one whereby a certain person or association of persons obligate themselves to transport persons, things, or goods from one place to another for a fixed price. Under Article 1732 of the Civil Code, this "persons, corporations, firms, or associations engaged in the business of carrying or transporting passengers or goods or both, by land, water, or air, for compensation, offering their services to the public" is called a common carrier.Undoubtedly, a contract of carriage existed between Northwest and the Fernandos. They voluntarily and freely gave their consent to an agreement whose object was the transportation of the Fernandos from LA to Manila, and whose cause or consideration was the fare paid by the Fernandos to Northwest.
In Alitalia Airways v. CA, et al.,We held that when an airline issues a ticket to a passenger confirmed for a particular flight on a certain date, a contract of carriage arises. The passenger then has every right to expect that he would fly on that flight and on that date. If he does not, then the carrier opens itself to a suit for breach of contract of carnage
When Northwest confirmed the reservations of the Fernandos, it bound itself to transport the Fernandos on their flight on 29 January 2002. We note that the witness of Northwest admitted on cross-examination that based on the documents submitted by the Fernandos, they were confirmed passengers on the January 29, 2002 flight.
In an action based on a breach of contract of carriage, the aggrieved party does not have to prove that the common carrier was at fault or was negligent. All that he has to prove is the existence of the contract and the fact of its non-performance by the carrier. As the aggrieved party, the Fernandos only had to prove the existence of the contract and the fact of its non-performance by Northwest, as carrier, in order to be awarded compensatory and actual damages.
Therefore, having proven the existence of a contract of carriage between Northwest and the Fernandos, and the fact of non-performance by Northwest of its obligation as a common carrier, it is clear that Northwest breached its contract of carriage with the Fernandos. Thus, Northwest opened itself to claims for compensatory, actual, moral and exemplary damages, attorney's fees and costs of suit.
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