271. Sabena Belgian Airlines vs. CAFacts: Mrs. Fule purchased
three round trip tickets for herself and two children from Sabena
with the route: Manila-Brussels-Barcelona-Madrid. During the trip,
they encountered inconveniences, such as, walking under the drizzle
after disembarking; delayed connecting flight to Barcelona; and a
missing luggage. They allegedly incurred medical and hotel
expenses. Thus, Mrs. Fule made a letter-complaint to Sabena office.
The Madrid Office offered to pay about half of what she was asking,
that the rest would be paid by the Manila Office. A certain Yancha
made her sign a document in French language which she did not
understand. It turned out that the document was a quitclaim. The
trial court awarded them actual, moral and exemplary damages.
Issue: Whether Sabena is liable to the Fules for damages arising
from breach of contract of carriage.
Held: Yes.Misconduct on the part of the carriers employees
toward a passenger gives the latter an action for damages against
the carrier.
In the imposition of moral damages, the defendants act must be
wrongful or wanton or done in bad faith.
Here, there is no finding that the carriers delay in delivering
Mrs. Fules luggagewas wrongful or due to bad faith. While there is
failure on the part of the carrier in protecting Mrs. Fule et al
from the rain, its neglect was not so gross as to amount to bad
faith or wantoness. What is involved in this case is simple
negligence, considering that the rain through which Mrs. Fule et al
had to walk was a slight drizzle.
Nonetheless, there is still bad faith in making Mrs. Fule sign a
quitclaim without informing her of its contents.
With respect to moral damages, the rule is that the same are
recoverable in a damage suit predicated upon a breach of contract
of carriage only where (1) the mishap results in the death a of
passenger and (2) it is proved that the carrier was guilty of fraud
and bad faith, even if death does not result.
As the appellate court found the petitioner guilty of bad faith
in letting the respondent sign a quitclaim without her knowledge or
understanding and contrary to what she was planning to do, the
reduced award of moral and exemplary damages is proper and
legal.
