Air France Vs Carrasco.docx

AIR FRANCE VS CARRASCOSO (GRN L-21438/September 28, 1966) SANCHEZ, J.: FACTS: Carrascoso was a member of a group of 48 Filipino pilgrims that left Manila for Lourdes on March 30, 1958. Air France issued a “first class” round trip ticket from Manila to Rome. From Manila to Bangkok, passenger Carrascoso traveled in first class but at Bangkok, the Manager of Air France forced him to vacate the first class seat because a white man had a better right to it. The purser wrote in his record book “First class passenger was forced to go to the tourist class against his will, and the captain refused to intervene” which was written in French. Petitioner contends that damages must be averred that there was fraud and bad faith in order that claim for damages should set in. ISSUE: Whether or not passenger Carrascoso was entitled to damages. RULING: Although true that there was no mention of bad faith in the complaint, the inference of bad faith can be drawn from the facts and circumstances therein. The petitioner violated its contract of transportation with the aggravating circumstance committed by its manager when it went to the extent of threatening the plaintiff in the presence of many passengers.