Title
Alitalia Airways vs. Court of Appeals
Case
G.R. No. 77011
Decision Date
Jul 24, 1990
Spouses denied boarding on Alitalia flight despite timely arrival, alleging discrimination. Court ruled breach of contract, awarding damages for inconvenience, humiliation, and exemplary purposes.
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Case Digest (G.R. No. 77011)

Facts:

  1. Arrival and Check-In at Fumicino Airport
    On September 3, 1981, Spouses Jose and Victoria Juliano arrived at Fumicino Airport in Rome, Italy, to board Alitalia Flight AZ 1774 to Hong Kong, scheduled to depart at 10:30 a.m. They arrived at the airport at around 9:15 a.m. after leaving their hotel at 6:30 a.m.

  2. Check-In Issues
    The Julianos faced a long queue at the check-in counter, as there were no dedicated counters for Alitalia passengers. Despite their timely arrival, they were unable to check in before the boarding time of 9:30 a.m. They approached the counter twice, but the airline staff dismissed their concerns and instructed them to wait in line.

  3. Discrimination Allegations
    The Julianos claimed that some passengers were allowed to bypass the queue and check in ahead of them, leading to allegations of discrimination. They also encountered Ms. Chuchi Estanislao, another Filipino passenger, who faced similar issues.

  4. Flight Departure Without the Julianos
    Flight AZ 1774 departed without the Julianos, who were marked as "NO SHOW" on the airline manifest. They later purchased tickets with Thai Airways to reach Hong Kong.

  5. Filing of Complaint
    On December 15, 1981, the Julianos filed a complaint for damages against Alitalia Airways in the Regional Trial Court of Quezon City, alleging breach of contract of carriage.

  6. Alitalia's Defense
    Alitalia argued that the Julianos failed to check in before the boarding time and that the airline had a policy of overbooking flights to ensure full capacity. They denied any discrimination or wrongdoing.

  7. Trial Court Decision
    The trial court ruled in favor of the Julianos, awarding them actual, moral, and exemplary damages, as well as attorney's fees. Alitalia appealed the decision.

  8. Court of Appeals Decision
    The Court of Appeals modified the trial court's decision by reducing the amounts of moral, exemplary damages, and attorney's fees. Both parties appealed to the Supreme Court.

Issue:

  1. Whether Alitalia Airways breached its contract of carriage with the Julianos by failing to transport them on Flight AZ 1774.
  2. Whether the Julianos are entitled to actual, moral, and exemplary damages, as well as attorney's fees.
  3. Whether the Court of Appeals erred in its factual findings and award of damages.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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