[194] TWA v.

COURT OF APPEALS requested to indicate his seat preference on said flight on said
G.R. No. 78656 | August 30, 1988 | Gancayco, J. scheduled date of departure of TWA Flight No. 41.
● However, when Vinluan presented his ticket for check-in at the counter of
TOPIC: Air Transportation -> When limitations are unavailable TWA at JFK International Airport at about 9:45 o'clock A.M. (departure at 11
AM), he was informed that there was no first class seat available for him on
SUMMARY: ROGELIO VINLUAN bought a ticket from TRANS WORLD AIRLINES the flight.
(TWA), securing therefrom a confirmed reservation for first class accommodation on ○ He asked for an explanation but TWA employees on duty declined
board its Flight No. 41 from New York to San Francisco which was scheduled to to give any reason. When he began to protest, one of the TWA
depart on April 20, 1979. A validated stub was attached to the New York-Los Angeles employees, a certain Mr. Braam, rudely threatened him with the
portion of his ticket evidencing his confirmed reservation, and he was even advised words "Don't argue with me, I have a very bad temper."
Despite this, however, when he presented his ticket for check-in at the counter of ● To be able to keep his schedule, Vinluan was compelled to take the
TWA at JFK International Airport at about 9:45 o'clock A.M. (departure at 11 AM), he economy seat offered to him and he was issued a refund application" as he
was informed that there was no first class seat available for him on the flight. When was downgraded from first class to economy class.
he asked for an explanation, he was declined, was downgraded to an economy seat, ○ While waiting for the departure of Flight No. 41. Vinluan noticed
and saw white Caucasians who came after him take first class seats. He now filed a that other passengers who were white Caucasians and who had
case for moral and exemplary damages. The COURT sided with him. checked-in later than him were given preference in some first
class seats which became available due to "no show" passengers.
DOCTRINE: Considering the circumstances of this case and the social standing of ● On February 15, 1980, Vinluan filed an action for damages against the TWA
private respondent in the community, he is entitled to the award of moral and in the Court of First Instance of Rizal alleging breach of contract and bad
exemplary damages. However, the moral damages should be reduced to faith.
P300,000.00, and the exemplary damages should be reduced to P200,000.00. This ○ CFI: TWA liable for P500k moral damages; P300k exemplary; and
award should be reasonably sufficient to indemnify private respondent for the P100k attorney’s fees.
humiliation and embarrassment that he suffered and to serve as an example to ■ Affirmed by the CA with a few modifications.
discourage the repetition of similar oppressive and discriminatory acts.||| (Trans ● Hence, this petition.
World Airlines v. Court of Appeals, G.R. No. 78656, [August 30, 1988])
ISSUES w/ HOLDING & RATIO:
FACTS: W/N TWA is liable. — YES.
● Rogelio A. Vinluan is a practicing lawyer who had to travel in April, 1979 to ● TWA: Because of maintenance problems of the aircraft on the day of the
several cities in Europe and the U.S. to attend to some matters involving flight, TWA Flight No. 41 was cancelled and a special Flight No. 6041 was
several clients. He entered into a contract for air carriage for valuable organized to operate in lieu of Flight No. 41. Flight No. 41 was to have
consideration with Japan Airlines first class from Manila to Tokyo, Moscow, utilized a Lockheed 1011 with 34 first class seats, but instead, a smaller
Paris, Hamburg, Zurich, New York, Los Angeles, Honolulu and back to Manila Boeing 707 with only 16 first class seats was substituted for use in Flight
thru the same airline and other airlines it represents for which he was issued No. 6041.
the corresponding first class tickets for the entire trip. ○ Hence, passengers who had first class reservations on Flight No.
● On April 18, 1979, while in Paris, he went to the office of Trans World Airlines 41 had to be accommodated on Flight No. 6041 on a first-come,
(TWA) at the De Gaulle Airport and secured therefrom confirmed first-served basis. An announcement was allegedly made to all
reservation for first class accommodation on board its Flight No. 41 from passengers in the entire terminal of the airport advising them to get
New York to San Francisco which was scheduled to depart on April 20, 1979. boarding cards for Flight No. 6041 to San Francisco and that the
○ A validated stub was attached to the New York-Los Angeles portion first ones getting them would get first preference as to seats in the
of his ticket evidencing his confirmed reservation for said flight aircraft.
with the mark "OK " 1 On April 20, 1979, at about 8:00 o'clock A.M ● VINLUAN: He did not hear such an announcement at the terminal and that
Vinluan reconfirmed his reservation for first class accommodation he was among the early passengers to present his ticket for check-in only to
on board TWA Flight No. 41 with its New York office. He was be informed that there was no first class seat available for him and that he
advised that his reservation was confirmed. He was even had to be downgraded.
 ● COURT: TWA’s contention is devoid of merit.
○ Private respondent had a first class ticket for Flight No. 41 of
petitioner from New York to San Francisco on April 20, 1979. It was
twice confirmed and yet respondent unceremoniously told him
that there was no first class seat available for him and that he had
to be downgraded to the economy class. As he protested, he was
arrogantly threatened by one Mr. Braam. Worst still, while he was
waiting for the flight, he saw that several Caucasians who arrived
much later were accommodated in first class seats when the other
passengers did not show up.
○ The discrimination is obvious and the humiliation to which private
respondent was subjected is undeniable. Consequently, the award
of MORAL AND EXEMPLARY by the respondent court is in order.
● Such inattention and lack of care for the interest of its passengers who are
entitled to its utmost consideration, particularly as to their convenience,
amount to bad faith which entitles the passenger to the award of moral
damages.
● At the time of this unfortunate incident, the private respondent was a
practicing lawyer, a senior partner of a big law firm in Manila. He was a
director of several companies and was active in civic and social
organizations in the Philippines.
○ Considering the circumstances of this case and the social standing
of private respondent in the community, he is entitled to the award
of moral and exemplary damages.
○ However, the moral damages should be reduced to P300,000.00,
and the exemplary damages should be reduced to P200,000.00.
■ This award should be reasonably sufficient to indemnify
private respondent for the humiliation and
embarrassment that he suffered and to serve as an
example to discourage the repetition of similar oppressive
and discriminatory acts.

RULING: Decision is AFFIRMED.