Title
Cathay Pacific Airways vs. Reyes
Case
G.R. No. 185891
Decision Date
Jun 26, 2013
A family's return flight bookings were canceled due to airline and travel agency negligence, leading to a breach of contract and nominal damages awarded by the court.

Case Summary (G.R. No. 185891)

Key Dates

– March 1997: Travel reservation made
– April 12, 1997: Departure from Manila to Adelaide via Hong Kong
– May 4, 1997: Scheduled return flight from Adelaide to Manila
– June 16, 1997: Demand letter for damages sent by respondents
– October 22, 2008: Court of Appeals decision
– June 26, 2013: Supreme Court decision

Applicable Law

– 1987 Constitution of the Philippines
– Civil Code of the Philippines (Articles 1173, 1370, 1732, 2194, 2220, 2221)
– Rules of Court, Rule 130, Section 9 (parol evidence rule)

Factual Background

Respondent Wilfredo Reyes booked round‐trip tickets for himself, his wife, son, and mother‐in‐law through Sampaguita Travel. Four Cathay Pacific tickets were issued covering Manila–Hong Kong–Adelaide outbound and return segments. Outbound travel on April 12, 1997 proceeded without incident. One week before their return, Wilfredo reconfirmed the booking in Adelaide and was told it remained “OK as scheduled.” On May 4 the family presented for check-in but only Sixta Lapuz’s reservation was confirmed; the others were said to be unconfirmed. Pressed to board the Adelaide–Hong Kong flight, all four were allowed to embark. In Hong Kong, only Sixta could continue to Manila on the fully booked flight. The remaining three returned to the Philippines the next day on the next available flight.

Procedural History

Respondents filed suit against Cathay Pacific and Sampaguita Travel for actual, moral, exemplary damages and attorney’s fees. The Regional Trial Court dismissed the complaint and all cross-claims and counterclaims for lack of merit. On appeal, the Court of Appeals awarded each of the four passengers nominal damages of ₱25,000. Cathay Pacific sought review before the Supreme Court.

Issues

  1. Whether Cathay Pacific breached its contract of carriage and thus was liable for nominal damages.
  2. Whether the Court of Appeals relied on unproved matters.
  3. Whether Sampaguita Travel should be held liable for the booking errors.
  4. Proper quantum of nominal damages and application of stare decisis.

Contract of Carriage and Breach

Upon issuance of a ticket confirming flight segments, a binding contract of carriage arises (Civil Code Art. 1732). Respondents held valid, confirmed tickets for both outbound and return flights. Despite reconfirmation assurances, Cathay Pacific refused to honor three return reservations in Hong Kong. The initial refusal constituted a breach of contract of carriage, even though respondents were ultimately transported the following day.

Contract for Services and Agency Negligence

The relationship between respondents and Sampaguita Travel was a contract for services. Under Civil Code Article 1173, the agency owed the diligence of a “good father of a family.” Cathay Pacific’s booking records showed Sampaguita Travel failed to input or maintain correct ticket numbers and allegedly created fictitious bookings. This negligence rendered the agency liable for damages arising from its failure to secure and maintain confirmed reservations.

Proof of Damages

Actual Damages: Respondents offered no competent evidence (receipts, contracts) to establish pecuniary loss with reasonable certainty; Wilfredo’s alleged ₱300,000 loss was corporate, not personal.
Moral and Exemplary Damages: These require proof of bad faith or malice (Civil Code Arts. 2220, 2221). Cathay Pacific promptly informed passengers of booking issues, accommodated them where possible, and addressed their complaints in writing. No evidence of fraud, wantonness, or malice justified moral or exemplary damages.

Nominal Damages

Nominal damages vindicate a technical breach in the absence of proven actual loss (Civi

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