G.R. No. 174414 - Gomez vs. Montalban

Francisco Ortigas, Jr., a Filipino passenger, purchased first-class airline tickets covering multiple international legs, including a flight from Rome to Hongkong via Lufthansa German Airlines.
Ortigas’ ticket was confirmed and validated as first class for the specific Rome-Hongkong flight through Lufthansa, as evidenced by the validation sticker placed by Alitalia, Lufthansa’s IATA pool partner.
Upon arrival at the Lufthansa counter in Rome, Ortigas was informed that no first-class seat was available, even though his ticket was validated. His seat was given to a Belgian passenger, despite Ortigas’ protests and presentation of his Filipino passport.
Lufthansa’s agents promised him first-class accommodation at subsequent flight segments (Cairo, Dharham, Calcutta), but failed to provide it. Ortigas was ultimately forced to travel economy class during much of his journey.
Ortigas suffered emotional distress, embarrassment, humiliation, and health-related consequences due to the discriminatory and improper handling of his transportation contract.

Ortigas filed suit on December 24, 1963, alleging breach of contract and discrimination.
The trial experienced numerous postponements over nearly three years:

Postponements due to plaintiff’s motions (3 times).
Joint motions by both parties due to negotiation attempts (4 times).
Postponements primarily due to defendant’s motions or counsel unavailability (10 times).
Two warnings were issued by the trial court to the defendant regarding postponements “for the last time.”

Defendant’s motion for postponement of the September 28, 1966 hearing was denied on the ground that no valid reason was given why witnesses expected from Rome could not appear.
Defendant’s witness, Ivo Lazzari, was present but did not return for cross-examination on September 28, 1966, resulting in the striking out of his incomplete testimony and the case being deemed submitted on the evidence presented.
Defendant filed a motion for reconsideration but was opposed by the plaintiff. The trial court denied this motion.

Ortigas’ ticket change and validation by Alitalia (a partner airline) on November 16, 1963, included a sticker confirming a first-class seat on Lufthansa flight 646 from Rome to Hongkong.
Despite confirmation, upon reaching the airport, Lufthansa denied Ortigas his first-class seat, assigning it instead to a Belgian passenger.
Lufthansa employees refused Ortigas’ reasonable requests to verify the other passenger’s right or seek alternative arrangements with other airlines.
Ortigas’ luggage was already checked in and loaded when he was denied boarding first class, forcing him to accept downgraded service under protest and fear for his health due to a heart condition that required first-class travel.
Defendant’s employees made misleading promises of first-class accommodation on subsequent flight segments but failed to deliver them.

The Court cited precedents that awarded moral and exemplary damages for willful and bad faith breach of airline contracts when passengers were downgraded despite having confirmed first-class reservations.

Whether the trial court erred in denying defendant Lufthansa’s motion for postponement to present its full evidence, including the testimony of absent witnesses from Rome.
Whether the trial court erred in striking out the incomplete testimony of defendant’s witness Ivo Lazzari due to the defendant’s failure to complete the cross-examination.
Whether Lufthansa breached its contract of carriage with plaintiff Ortigas by denying him confirmed first-class accommodation and whether this breach was committed in bad faith, justifying the award of moral and exemplary damages.
Whether the amount of damages awarded by the trial court (P100,000 moral damages, P30,000 exemplary damages, and P20,000 attorney’s fees) was proper or should be modified.