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Korean Airlines Vs CA

1) Juanito Lapuz was contracted to work in Saudi Arabia and was booked on a Korean Airlines flight from the Philippines in November 1980. 2) Lapuz checked in and passed through customs and immigration but was barred from boarding the plane by a Korean Airlines officer who rudely shouted at him. 3) The court ruled that a contract of carriage was formed when Lapuz's name was listed on the passenger manifest and he cleared customs and immigration. Korean Airlines breached this contract and embarrassed Lapuz publicly by preventing his boarding.

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Krizzan Mariz Valdez
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86 views1 page

Korean Airlines Vs CA

1) Juanito Lapuz was contracted to work in Saudi Arabia and was booked on a Korean Airlines flight from the Philippines in November 1980. 2) Lapuz checked in and passed through customs and immigration but was barred from boarding the plane by a Korean Airlines officer who rudely shouted at him. 3) The court ruled that a contract of carriage was formed when Lapuz's name was listed on the passenger manifest and he cleared customs and immigration. Korean Airlines breached this contract and embarrassed Lapuz publicly by preventing his boarding.

Uploaded by

Krizzan Mariz Valdez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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G.R. No.

114061 August 3, 1994


KOREAN AIRLINES CO., LTD., petitioner, vs. COURT OF APPEALS and JUANITO C. LAPUZ,
respondents.

Facts:

Sometime in 1980, Juanito C. Lapuz, an automotive electrician, was contracted for employment in
Jeddah, Saudi Arabia, for a period of one year through Pan Pacific Overseas Recruiting Services, Inc.

Lapuz was supposed to leave on November 8, 1980, via Korean Airlines. Initially, he was "wait-listed,"
which meant that he could only be accommodated if any of the confirmed passengers failed to show
up at the airport before departure. When two of such passengers did not appear, Lapuz and another
person by the name of Perico were given the two unclaimed seats.

Lapuz was allowed to check in with one suitcase and one shoulder bag at the check-in counter of KAL.
He passed through the customs and immigration sections for routine check-up and was cleared for
departure as Passenger No. 157 of KAL Flight No. KE 903. Together with the other passengers, he
rode in the shuttle bus and proceeded to the ramp of the KAL aircraft for boarding. However, when
he was at the third or fourth rung of the stairs, a KAL officer pointed to him and shouted "Down!
Down!" He was thus barred from taking the flight. When he later asked for another booking, his ticket
was cancelled by KAL. Consequently, he was unable to report for his work in Saudi Arabia within the
stipulated 2-week period and so lost his employment.

Issue: Whether or not a contract of carriage was perfected.

Held: Yes.
The status of Lapuz as standby passenger was changed to that of a confirmed passenger when his
name was entered in the passenger manifest of KAL for its Flight No. KE 903. His clearance through
immigration and customs clearly shows that he had indeed been confirmed as a passenger of KAL in
that flight. KAL thus committed a breach of the contract of carriage between them when it failed to
bring Lapuz to his destination.

This Court has held that a contract to transport passengers is different in kind and degree from any
other contractual relation. The business of the carrier is mainly with the traveling public. It invites
people to avail themselves of the comforts and advantages it offers. The contract of air carriage
generates a relation attended with a public duty. Passengers have the right to be treated by the
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.

The breach of contract was aggravated in this case when, instead of courteously informing Lapuz of
his being a "wait-listed" passenger, a KAL officer rudely shouted "Down! Down!" while pointing at
him, thus causing him embarrassment and public humiliation.

The evidence presented by Lapuz shows that he had indeed checked in at the departure counter,
passed through customs and immigration, boarded the shuttle bus and proceeded to the ramp of
KAL's aircraft. In fact, his baggage had already been loaded in KAL's aircraft, to be flown with him to
Jeddah. The contract of carriage between him and KAL had already been perfected when he was
summarily and insolently prevented from boarding the aircraft.

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