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Alfredo Manay, Fidelino San Luis, Adrian San Luis, Respondent claims the Best Evidence Rule is the

Rule is the ticket.


Annalee San Luis, Mark Andres Jose, Melissa Jose, The common carrier's obligation to exercise extraordinary
Charlotte Jose, Dan John De Guzman, Paul Mark Baluyot diligence in the issuance of the contract of carriage is
and Carlos Jose vs CEBU AIR fullled by requiring a full review of the ight schedules to be
given to a prospective passenger before payment. Based
FACTS on the information stated on the contract of carriage, all
 On June 13, 2008, Carlos S. Jose (Jose) three (3) pages were recapped to petitioner Jose.
purchased 20 Cebu Pacic round-trip tickets from Once the ticket is paid for and printed, the purchaser is
Manila to Palawan for himself and on behalf of his
presumed to have agreed to all its terms and conditions.
relatives and friends
In O n g Yiu v. C o u r t o f A p p e als : 110 While it may
 Jose alleged that he specified the date and time
for his departure and return. The clerk who sold be true that petitioner had not signed the plane ticket, he
the tickets recapped the 1st 3 pages and since is nevertheless bound by the provisions thereof. "Such
everything was in order he no longer read the provisions have been held to be a part of the contract of
other pages. carriage, and valid and binding upon the passenger
 However, on their flight back to Manila they were regardless of the latter's lack of knowledge or assent to
informed that 9 of them could not be admitted the regulation." It is what is known as a contract of
because their tickets were for 10 AM flight. "adhesion," in regards which it has been said that
 Upon checking the tickets only the first 2 pages contracts of adhesion wherein one party imposes a ready
were correct. made form of contract on the other, as the plane ticket in
 They were forced to be rebooked, The sum of the the case at bar, are contracts not entirely prohibited. The
new tickets amounted to P65,000.00. one who adheres to the contract is in reality free to reject
 They offered to pay the amount by credit card but it entirely; if he adheres, he gives his consent.
were informed by the ground personnel that they
only accepted cash. 25 They then offered to pay This is not the first time that this Court has explained that
in dollars, since most of them were balikbayans an air passenger has the correlative duty to exercise
and had the amount on hand, but the airline ordinary care in the conduct of his or her affairs.
personnel still refused.
 Jose was unsatisfied with the explanation of the
Ticketing office of Cebu Pac, so they filed before
the MTC Mandaluyong for DAMAGES. BILL OF RIGHTS

The recent boom in the Travel Industry, caused


The MTC found that as a common carrier, Cebu Pacic concerned government agencies to issue Department of
should have exercised extraordinary diligence in Transportation and Communications-Department of
performing its contractual obligations. Trade and Industry Joint Administrative Order No. 1,
Series of 2012, otherwise known as the Air Passenger Bill
The RTC dismissed the appeal and affirmed of Rights.
CA REVERSED. Sec 4 Every passenger shall, before purchasing any ticket
for a contract of carriage by the air carrier or its agents,
According to the Court of Appeals, the extraordinary
be entitled to the full, fair, and clear disclosure of all the
diligence expected of common carriers only applies to
terms and conditions of the contract of carriage about to
the carriage of passengers and not to the act of
be purchased.
encoding the requested flight schedule
The Air Passenger Bill of Rights recognizes that a
contract of carriage is a contract of adhesion, and thus, all
SC DENIED. conditions and restrictions must be fully explained to the
passenger before the purchase of the ticket
The Air Passenger Bill of Rights mandates that the airline
must inform the passenger in writing of all the conditions However, the duty of an airline to disclose all the
and restrictions in the contract of carriage. Purchase of necessary information in the contract of carriage does
the contract of carriage binds the passenger and imposes not remove the correlative obligation of the passenger to
reciprocal obligations on both the airline and the exercise ordinary diligence in the conduct of his or her
passenger. The airline must exercise extraordinary affairs. The passenger is still expected to read through
diligence in the fulfillment of the terms and conditions of the ight information in the contract of carriage before
the contract of carriage. The passenger, however, has the making his or her purchase. If he or she fails to exercise
correlative obligation to exercise ordinary diligence in the the ordinary diligence expected of passengers, any
conduct of his or her affairs. resulting damage should be borne by the passenger.

EXTRAORDINARY DILIGENCE on issuance of ticket

Common carriers are required to exercise extraordinary


diligence in the performance of its obligations under the
contract of carriage. This extraordinary diligence must be
observed not only in the t r a n s p o r t a tio n of goods
and services but also in the issuance of the contract of
carriage, including its ticketing operations.