81 Lopez v. Pan Am

LOPEZ v.
PAN AMERICAN WORLD AIRWAYS

Bengzon J.P., J. | G.R. No. L-22415. March 30, 1966.
Topic 1: Transportation Law > Common Carriers > Damages Recoverable from Common Carriers >
Moral Damages
Nature: Appeal from a decision of the Court of First Instance of Rizal
Memory Aid: From first class to tourist flight real quick
PARTIES:
 Plaintiffs-Appellants - FERNANDO LOPEZ, ET AL.,
 Defendant-Appellant – PAN AMERICAN WORLD AIRWAYS
DISPUTED MATTER: Entitlement to moral and exemplary damages
SYNOPSIS:
Reservation for first class accommodation in Pan American Airlines from Tokyo to San Francisco was made by
Delfin Faustino for then Senator Fernando Lopez and company. First class tickets were issued and paid for. The
party left Manila for Tokyo as scheduled. Senator Lopez requested Minister Busuego to contact the airlines
regarding their accommodation. However, they were informed that there was no accommodation for them.
Because of some urgent matters to attend to in San Francisco, they were constrained to take the tourist flight
“under protest”. The SC held that the defendant acted in bad faith and is liable for moral and exemplary damages.
DOCTRINE:
Moral damages are recoverable in breach of contracts where the defendant acted fraudulently or in bad faith (Art.
2220, New Civil Code). Second, in addition to moral damages, exemplary or corrective damages may be imposed
by way of example or correction for the public good, in breach of contract where the defendant acted in a wanton,
fraudulent, reckless, oppressive or malevolent manner (Articles 2229, 2232, New Civil Code).
FACTS:
1. Reservation for first class accommodation in Pan American Airlines from Tokyo to San Francisco was
made by Delfin Faustino for then Senator Fernando Lopez and company. First class tickets were issued
and paid for. The party left Manila for Tokyo as scheduled.
2. Senator Lopez requested Minister Busuego to contact the airlines regarding their accommodation.
However, they were informed that there was no accommodation for them. Because of some urgent
matters to attend to in San Francisco, they were constrained to take the tourist flight “under protest”.
3. Alleging breach of contract, a suit for damages was thereafter filed by Senator Lopez and party against
PAN AM on June 2, 1960 in the Court of First Instance of Rizal.
4. CFI Decision – ruled in favor of the plaintiffs.
ISSUES/HELD/RATIO:
1. Whether the defendant acted in bad faith for deliberate refusal to comply with its contract to provide
first-class accommodation to the plaintiff.
YES. Defendant acted in bad faith.

a. From the evidence of defendant it is in effect admitted that defendant - through its agents -
first cancelled plaintiffs, reservations by mistake and thereafter deliberately and
intentionally withheld from plaintiffs or their travel agent the fact of said cancellation, letting
them go on believing that their first class reservations stood valid and confirmed. In so
misleading plaintiffs into purchasing first class tickets in the conviction that they had confirmed
reservations for the same, when in fact they had none, defendant willfully and knowingly
placed itself into the position of having to breach it’s a foresaid contracts with plaintiffs should
there be no last-minute cancellation by other passengers before flight time, as it turned out in
this case. Such actuation of defendant may indeed have been prompted by nothing more than
the promotion of its self-interest in holding on to Senator Lopez and party as passengers in its
flight and foreclosing on their chances to seek the services of other airlines that may have
been able to afford them first class accommodations. All the time, in legal contemplation such
conduct already amounts to action in bad faith. For bad faith means a breach of a known duty
through some motive of interest or ill-will.
b. At the time plaintiffs bought their tickets, defendant, therefore, in breach of its known duty,
made plaintiffs believe that their reservation had not been cancelled. Such willful-non-
disclosure of the cancellation or pretense that the reservations for plaintiffs stood - and not
simply the erroneous cancellation itself - is the factor to which is attributable the breach of the
resulting contracts. And, as above-stated, in this respect defendant clearly acted in bad faith.
2. Whether moral and exemplary damages should be awarded
YES. Moral and exemplary damages should be awarded.

a. Moral damages are recoverable in breach of contracts where the defendant acted fraudulently or in
bad faith (Art. 2220, New Civil Code). Second, in addition to moral damages, exemplary or
corrective damages may be imposed by way of example or correction for the public good, in breach
of contract where the defendant acted in a wanton, fraudulent, reckless, oppressive or malevolent
manner (Articles 2229, 2232, New Civil Code).
b. First, then, as to moral damages. As a proximate result of defendant's breach in bad faith of its
contracts with plaintiffs, the latter suffered social humiliation, wounded feelings, serious anxiety
and mental anguish. For plaintiffs were travelling with first class tickets issued by defendant and
yet they were given only the tourist class. At stop-overs, they were expected to be among the first-
class passengers by those awaiting to welcome them, only to be found among the tourist
passengers. It may not be humiliating to travel as tourist passengers; it is humiliating to be
compelled to travel as such, contrary to what is rightfully to be expected from the contractual
undertaking.
c. The rationale behind exemplary or corrective damages is, as the name implies, to provide an
example or correction for public good. Defendant having breached its contracts in bad faith, the
court, as stated earlier, may award exemplary damages in addition to moral damages. In view of
its nature, it should be imposed in such an amount as to sufficiently and effectively deter similar
breach of contracts in the future by defendant or other airlines.
DISPOSITIVE:
WHEREFORE, the decision of the Court of Appeals is hereby modified by sentencing the petitioner to pay to the
respondents Mariano Beltran, et al., the sum of P3,000.00 for the death of the child, Raquel Beltran, and the
amount of P400.00 as actual damages. No costs in this instance. So ordered.

81 Lopez v. Pan Am

Uploaded by

Copyright:

Available Formats

81 Lopez v. Pan Am

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

81 Lopez v. Pan Am

Uploaded by

Copyright:

Available Formats

LOPEZ v.

PAN AMERICAN WORLD AIRWAYS

DISPUTED MATTER: Entitlement to moral and exemplary damages

YES. Defendant acted in bad faith.

YES. Moral and exemplary damages should be awarded.

You might also like