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    Cathay Pacific Airways, LTD., vs. Spouses Arnulfo and Evelyn Fuentebella

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    Ren Irene D Macatangay
    Cathay Pacific Airways is being sued for breach of contract by Congressman Arnulfo Fuentebella and his wife Evelyn Fuentebella. The Fuentebellas were issued first class tickets to travel from Manila to Sydney for official business, but were only given business class seats for part of the trip and economy seats for another part. Cathay Pacific claims the first class tickets were "waitlisted" but still admitted first class tickets were issued. The court ruled in favor of the Fuentebellas, finding that as they held first class tickets, Cathay Pacific failed to uphold its contractual obligation to provide first class accommodations and thus breached the contract.

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    Cathay Pacific Airways, LTD., vs. Spouses Arnulfo and Evelyn Fuentebella

    Uploaded by

    Ren Irene D Macatangay
    481 views2 pages
    Cathay Pacific Airways is being sued for breach of contract by Congressman Arnulfo Fuentebella and his wife Evelyn Fuentebella. The Fuentebellas were issued first class tickets to travel from Manila to Sydney for official business, but were only given business class seats for part of the trip and economy seats for another part. Cathay Pacific claims the first class tickets were "waitlisted" but still admitted first class tickets were issued. The court ruled in favor of the Fuentebellas, finding that as they held first class tickets, Cathay Pacific failed to uphold its contractual obligation to provide first class accommodations and thus breached the contract.

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    case digest pp4

    Original Title

    civil 2 pp4

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    Cathay Pacific Airways is being sued for breach of contract by Congressman Arnulfo Fuentebella and his wife Evelyn Fuentebella. The Fuentebellas were issued first class tickets to travel from Manila to Sydney for official business, but were only given business class seats for part of the trip and economy seats for another part. Cathay Pacific claims the first class tickets were "waitlisted" but still admitted first class tickets were issued. The court ruled in favor of the Fuentebellas, finding that as they held first class tickets, Cathay Pacific failed to uphold its contractual obligation to provide first class accommodations and thus breached the contract.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    481 views2 pages

    Cathay Pacific Airways, LTD., vs. Spouses Arnulfo and Evelyn Fuentebella

    Uploaded by

    Ren Irene D Macatangay
    Cathay Pacific Airways is being sued for breach of contract by Congressman Arnulfo Fuentebella and his wife Evelyn Fuentebella. The Fuentebellas were issued first class tickets to travel from Manila to Sydney for official business, but were only given business class seats for part of the trip and economy seats for another part. Cathay Pacific claims the first class tickets were "waitlisted" but still admitted first class tickets were issued. The court ruled in favor of the Fuentebellas, finding that as they held first class tickets, Cathay Pacific failed to uphold its contractual obligation to provide first class accommodations and thus breached the contract.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Breach of Contract

    Nature: Petition for Review on Certiorari


    [Complaint for Damages]
    Cathay Pacific Airways, Ltd., vs. Spouses Arnulfo and Evelyn Fuentebella
    G.R. No. 188283
    July 20, 2016
    Ponente: Sereno, CJ
    First Division

    Facts:

    In 1993, the Speaker of the House authorized Congressmen Arnulfo Fuentebella (respondent
    Fuentebella), Alberto Lopez (Cong. Lopez) and Leonardo Fugoson (Cong. Fugoso) to travel on
    official business to Sydney Australia, to confer with their counterparts in the Australian Parliament
    from October 25 to November 6 1993. According to respondents, their travel arrangements, including
    the request for the upgrade of their seats from Business Class to First Class, were made through Cong.
    Lopez. On the other hand, petitioner claimed that a certain Carol Dalag had transacted on behalf of
    the congressmen and their spouses for the purchase of airline tickets for Manila-Hong Kong-Sydney-
    Hong Kong-Manila.

    Petitioner admits that First Class tickets were issued to respondents, but clarifies that the
    tickets were open-dated (waitlisted). There was no showing whether the First Class tickets issued to
    Sis. Lopez and Sps. Fugoso were open-dated or otherwise, but it appears that they were able to fly
    First Class on all segments of the trip, while respondent did not.

    On October 25, 1993, respondents queued in front of the First Class counter in the airport.
    They were issued boarding passes for Business Class seats on board CX 902 bound for Hong Kong
    from Manila and Economy Class seats on board CX 101 bound for Sydney from Hong Kong. They
    only discovered that they had not been given First Class seats when they were denied entry into the
    First Class Lounge. Respondent Fuentebella went back to the check-in counter to demand that they
    be given First Class seats or at the very least, access to the First Class Lounge, but to no avail, thus
    prompting them to file a Complaint for Damages against petitioner.

    Issue:

    Whether or not there has been a breach of contract on the part of the petitioner.

    Ruling:

    The High Court ruled in the affirmative. In Air France v. Gillego, the 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. In this case, it was found out that respondents were entitled to First Class
    accommodations under the contract of carriage and that petitioner failed to perform its obligation.
    xxx
    xxx The incontrovertible fact, therefore, is that respondents were holding First Class tickets on 25
    October 1993.

    In FGU Insurance Corporation v. GP Sarmiento Trucking Corporation, We recognized the


    interest of the injured party in breach of contract cases: xxx
    According to Montillana, a reservation is deemed confirmed when there is a seat available
    on the plane. When asked how a passenger was informed of the confirmation. By its issuance of First
    Class tickets on the same day of the flight in place of Business Class tickets that indicated the
    preferred and confirmed flight, petitioner led respondents to believe that their request for an upgrade
    had been approved.xxx

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