GR 77011; (July, 1990) (Digest)
G.R. No. 77011 , July 24, 1990
ALITALIA AIRWAYS, petitioner, vs. COURT OF APPEALS, and SPS. JOSE O. JULIANO and VICTORIA JULIANO, respondents.
FACTS
Spouses Jose and Victoria Juliano arrived at Rome’s Fumicino Airport on September 3, 1981, for their confirmed Alitalia flight to Hong Kong. They arrived at the airport by 9:15 a.m. for the 10:30 a.m. departure. However, they encountered a long, non-moving queue at the general check-in counter. Despite their attempts to seek priority due to their confirmed status and imminent boarding time, airline personnel instructed them to wait in line. They observed other passengers being escorted ahead for check-in. Ultimately, they were not allowed to board Flight AZ 1774, which departed without them. The Julianos had to purchase new tickets on Thai Airways to continue their journey.
Alitalia contended the Julianos were marked “NO SHOW” for failing to check-in before the 9:30 a.m. boarding deadline. The airline asserted its policy was to accommodate all passengers to fill seats. The trial court found Alitalia liable for damages, a decision affirmed with modifications by the Court of Appeals. Alitalia elevated the case, arguing the findings were contrary to evidence.
ISSUE
Whether the Court of Appeals erred in affirming the trial court’s award of damages against Alitalia for breach of contract of carriage.
RULING
The Supreme Court denied the petition and affirmed the appellate court’s decision. The core legal principle is that a contract of carriage obligates the common carrier to transport passengers safely and to observe extraordinary diligence. The factual findings of the lower courts, which are conclusive and binding, established that the Julianos arrived with sufficient time but were prevented from boarding due to the airline’s inefficient check-in procedures and discriminatory conduct. Alitalia failed to rebut the presumption of negligence inherent in a breach of its contractual duty.
The award of actual damages for the cost of replacement tickets was proper. Moral damages were justified due to the mental anguish, anxiety, and humiliation suffered by the Julianos from being unjustly denied boarding. Exemplary damages were also warranted due to the airline’s wanton disregard of its passengers’ rights, serving as a deterrent. The amounts awarded were deemed reasonable and commensurate, considering the circumstances and jurisprudence. The petition raised no pure questions of law but essentially challenged factual determinations, which are beyond the scope of a petition for review on certiorari.