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Singapore Airlines Ltd. vs. Fernandez, GR 142305, Dec. 10, 2003
FACTS:
RTC Manila ordered SAL to pay respondent ₱ 50k as actual damages, ₱ 250k as
moral damages, ₱ 100k as exemplary damages, ₱ 75k as attorney’s fees and
costs of suit.
ISSUE:
Did SAL break the contract of carriage?
RULING:
not, then the carrier opens itself to a suit for a breach of contract of carriage. A
contract of carriage requires common carriers to transport passengers safely as
human care and foresight can provide (Art. 1755, NCC). In an action for brech
of a contract of carriage, the aggrieved party does not have to prove that the
common carrier was at fault or was negligent. All that is necessary is to prove
the existence of the contract and the fact of its non-performance by the carrier.
SAL failed to inform of the delay in the turnaround aircraft in Frankfurt, neither
did it ask if the respondent and 25 other delayed passengers are amenable to a