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Query: Last year I donated a kidney to my ailing
cousin in Sheridan, Texas. I undertook a series of laboratory tests
to verify whether or not my blood and tissue types are compatible
with those of my cousin. Fortunately, they were found to be
compatible, thus I secured an emergency U.S visa from the American
embassy. I purchased a round-trip plane ticket from the Royal
Airways for P61,000 and was issued the corresponding boarding pass.
I was at the airport early with relatives and I was allowed to
check-in at the Royal Airway’s counter. My plane ticket, boarding
pass, travel authority and personal articles passed security.
Thereafter, I was allowed to board the plane. However, a little
later, a stewardess along with a Japanese and a Filipino ordered me
to stand up and leave the plane. I protested, explaining that I had
been issued a US visa. My pleas were ignored and I was constrained
to go out of the plane. I suffered great humiliation. Worse, my
cousin died.
Can I sue Royal Airways for what
happened to me? What actions can I take?-Roberto B.
Response: Relative to your first
query, my answer is in the affirmative. The Supreme Court recently
handed down a decision in the case of Japan Airlines vs. Jesus
Simangan (G.R No. 170141, April 22, 2008): The High Tribunal said
that an individual who is unceremoniously bumped off a plane in
spite of protestation is entitled to damages. It cited Article 1755
of the New Civil Code which provides, “A common carrier is bound
to carry the passengers safely as far as human care and foresight
can provide, using the utmost diligence of very cautious persons
with a due regard for all the circumstance.” In an action for
breach of contract of carriage, all that is required of the
plaintiff is to prove the existence of such contract and its
nonperformance by the carrier through the latter’s failure to
carry the passenger safely to his destination.
From the facts you portrayed in
your query, the acts committed by the airways amounted to bad
faith—a violation of it is liable for moral damages. It is firmly
settled that moral damages are recoverable in suits predicated on
breach of a contract of carriage where it is proved that the carrier
was guilty of fraud or bad faith, Inattention to and lack of care
for the interests of its passengers who are entitled to its utmost
consideration, particularly as to their convenience, amount to bad
faith which entitles the passenger to an award for moral damages as
held in the case of Philippine Airlines vs. Court of Appeals.
As gleaned from the ruling in
Victory Lines vs. Gammad (444 SCRA370), the Royal Airways is also
liable for exemplary damages as the acts portrayed by you constitute
wanton, oppressive and malevolent acts Exemplary damages, which are
awarded by way of example or correction for the public good, may be
recovered in contractual obligations. The case of Mecenas vs. Court
of Appeals (180 SCRA83) ruled that exemplary damages are designed by
our civil law to permit the court to reshape behaviors that are
socially deleterious in its consequence by creating negative
incentives or deterrents against such behavior. Passengers have a
right to be treated by the carrier’s employees with kindness,
respect, courtesy and due consideration and are entitled to be
protected against personal misconduct, injurious language
indignities and abuses from such employees.
Finally, you may be entitled to
attorney’s fees. As held in the case of Singson vs. Court of
Appeals (282 SCRA149), attorney’s fee may be awarded when
dependant’s act or omission has compelled the plaintiff to
litigate with third person or to incur expenses to protect his
interest. Parenthetically, there are two commonly accepted concepts
of attorney’s fees, the so-called ordinary and extraordinary.
The foregoing gives you a
holistic guidance to solve your problem.
This corner extends its greetings
to Gabby and Shane Mabutas on the occasion of their third wedding
anniversary this coming week. With Maurice always beside them—day
and night—they will have more years to come.
Above all things, let us reflect
on the following statement of our Lord and Master Jesus Christ:
“Come to me, all you who labor and are burdened, and I will give
you rest, take my yoke upon you and learn from me, for I am meek and
humble of heart; and you will find rest for yourselves. For my yoke
is easy, and my burden light” (Matthew 11:28-30)
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