Case Digest: NORTHWEST AIRLINES v. DELFIN S. CATAPANG

NORTHWEST AIRLINES v. DELFIN S. CATAPANG

594 SCRA 401 (2009)

Any discourteous conduct on the part of the carrier’s employees toward a passenger gives the latter an action for damages against the carrier.

Delfin S. Catapang requested First United Travel, Inc. (FUT) to issue in his favor a ticket that would allow rebooking or rerouting of flights within the United States. FUT informed him that Northwest Airlines, Inc. (Northwest) was willing to accommodate his request provided that he will pay an additional US$50 for every rebooking or rerouting of flight. Catapang agreed with the condition.

Upon Catapang‘s arrival in New York, he called up Northwest‘s office, which informed him that his ticket was not ―rebookable or reroutable.‖ He thus proceeded to Northwest‘s nearest ticketing office where he was treated in a rude manner by an employee who informed him that his ticket was not rebookable or reroutable. He was further informed that his ticket was of a ―restricted type,‖ and he could not rebook unless he pays US644.00. Catapang paid that amount for rebooking.

Catapang, upon his return, filed with RTC of Makati a complaint for damages against Northwest. The RTC ruled that Northwest was liable for breach of contract of carriage. On appeal, the Court of Appeals, affirmed the trial court‘s Decision.

ISSUES:

Whether or not Northwest was right to assail the award to Catapang of moral and exemplary damages by virtue of breach of contract

HELD:

When Catapang inquired from Northwest‘s agent FUT if he would be allowed to rebook/reroute his flight, FUT advised him that he could, on the condition that he would pay $50 for every rebooking. He was not told by FUT and the ticket did not reflect it that the ticket being issued to him was a “restricted type” to call for its upgrading before a rebooking/rerouting

Northwest‘s breach in this case was aggravated by the undenied treatment received by Catapang when he tried to rebook his ticket. Instead of civilly informing Catapang that his ticket could not be rebooked, Northwst‘s agent in New York exhibited rudeness in the presence of Catapang‘s brother-in-law and other customers, insulting Catapang by telling him that he could not understand English.

Passengers have the right to be treated by a carrier‘s employees with kindness, respect, courtesy and due consideration. They are entitled to be protected against personal misconduct, injurious language, indignities and abuses from such employees. So it is that any discourteous conduct on the part of these employees toward a passenger gives the latter an action for damages against the carrier.