FACTS:

Respondent needed to go to the US to donate his kidney to his ailing cousin. Having obtained an
emergency US Visa, respondent purchased a round trip ticket from petitioner JAL. He was scheduled to a
flight bound for LA via Japan. On the date of his flight, respondent passed through rigid immigration and
security routines before being allowed to board a JAL plane. While inside the plane, respondent was
asked to show his travel documents. After which he was ordered by the crew to leave the plane,
imputing that respondent is carrying falsified travel documents. Respondent pleaded but was ignored
and under constraint he gets off the plane. The plane took off and respondent was left behind.
Respondent was refunded with the cost of his ticket minus 500 USD, when JAL found out eventually that
his travel documents were not falsified and in order. Respondent filed an action for damages against
JAL.RTC RULING:JAL is liable for beach of contract of carriage, and should pay 1M as MD,500K as ED,
250K as AF + cost of suit. JAL appealed contending it is not guilty of breach of contract of carriage and
not liable for damages.CA RULING: Affirmed RTC decision with modification as to amount of damages for
being scandalously excessive. 500K MD, 250K ED and NO AT.

ISSUE:

WON JAL is guilty of breach of contract of carriage.

WON Simangan is entitled to moral and exemplary damages.

HELD:

JAL is guilty of breach of contract of carriage and is liable for damages. Petition of JAL was denied. CA
decision was affirmed with modification. 500K ED,100K ED, 200K AF.

RATIO:

Breach of contract of carriage In an action for breach of contract of carriage, all that is required of
plaintiff is to prove the existence of such contract and its non-performance by the carrier through the
failure to carry the passenger safely to his destination. Simangan complied with these requisites.
Damage was accrued by JAL when Simangan was bumped off despite his protestations and valid travel
documents and not withstanding his contract of carriage with JAL. Award of moral damages in breach of
contract of carriage. As a general rule, moral damages are not recoverable in actions for damages
predicated on a breach of contract for it is not enumerated under Art2219 NCC. As an exception, such
damages are recoverable in:1.

Mishaps resulting to a death of a passenger (Art. 1764 NCC)2.

When carrier is guilty of fraud or bad faith (Art. 2220)JAL breached its contract of carriage with
respondent in bad faith, when it screw ordered respondent to disembark while the latter is already
settled in his assigned seat under the guise of verifying the genuineness of his travel documents.
Inattention to and lack of care for the interest of its passengers who are entitled otits utmost
consideration, particularly as to their convenience, amount to bad faith which entitles the passenger to
award of moral damages. Award of exemplary damages in breach of contract of carriage. Exemplary
damages maybe recovered in contractual obligations as a way of example or correction for the public
good. JAL is liable for exemplary damages asits acts constitute wanton, oppressive and malevolent acts
against respondent.

Passengers have the 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