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405 Phil. 43
FIRST DIVISION
[ G.R. No. 127957, February 21, 2001 ]
COLLIN A. MORRIS AND THOMAS P. WHITTIER, PETITIONERS, VS.
COURT OF APPEALS (TENTH DIVISION) AND SCANDINAVIAN
AIRLINES SYSTEM, RESPONDENTS.
DECISION
PARDO, J.:
Petitioners appeal via certiorari from the decision[1] of the Court of Appeals, which
reversed the decision of the trial court and ordered the dismissal of petitioners'
complaint for damages against respondent for breach of contract of air carriage.
On February 14, 1978, petitioners filed with the Regional Trial Court, Makati, Branch
143 an action for damages for breach of contract of air carriage against respondent
airline because they were bumped off from SAS Flight SK 893, Manila-Tokyo, on
February 14, 1978, despite a confirmed booking in the first class section of the flight.
Petitioners Collin A. Morris and Thomas P. Whittier were American citizens; the vicepresident for technical services and the director for quality assurance, respectively, of
Sterling Asia, a foreign corporation with regional headquarters at No. 8741 Paseo de
Roxas, Makati City.
Respondent Scandinavian Airline System (SAS for brevity) is and at times material
hereto has been engaged in the commercial air transport of passengers globally.
Petitioner Morris and co-petitioner Whittier had a series of business meetings with
Japanese businessmen in Japan from February 14 to February 22, 1978. They
requested their travel agent, Staats Travel Service, Inc. to book them as first class
passengers in SAS Manila-Tokyo flight on February 14, 1978. Respondent booked them
as first-class passengers on Flight SK 893, Manila-Tokyo flight on February 14, 1978, at
3:50 in the afternoon.
At 1:30 in the afternoon of February 14, 1978, a limousine service of the travel agency
fetched petitioner Morris at his house in Urdaneta Village, Makati City. Thereafter, they
went to Merville Park, Parañaque and fetched petitioner Whittier, arriving there at
around 2:00 in the afternoon. From Parañaque, they went to the Manila International
Airport and arrived at 2:35 in the afternoon.
Upon arrival at the airport, representatives of the travel agency met petitioners. It took
petitioners two to three minutes to clear their bags at the customs section. After that,
they proceeded to the SAS check-in counter and presented their tickets, passports,
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