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the flight manifest.
Mr. Basa said that he talked to petitioners at about 3:20 in the afternoon after receiving
a radio call from the ground staff at the check-in counter about complaints from
passengers.
He learned from Ms. Ponce that petitioners checked in late after the flight manifest had
been closed, after which time waitlisted passengers from the economy class had been
upgraded. He explained to petitioners that they could not be accommodated on the
plane because the seats were all filled up. He admitted that there were about six (6)
passengers in the counter who were refused boarding because waitlisted passengers
had been accepted. Most of those who were refused boarding came in late.[6]
Alice Magtulac, another witness of the respondent, testified that she was supervisor of
ticketing and reservation section. She said that petitioners Morris and Whittier had
confirmed reservation tickets to the first class section of SAS Flight SK 893, ManilaTokyo flight, on February 14, 1978. She confirmed that Ms. Thelma Lorraine Sayer was
one of the economy class passengers who was not able to leave because the flight was
overbooked on the economy class.
Ms. Magtulac said that it was not SAS' policy to upgrade economy passengers to first
class if passengers booked for first class did not show up.[7]
On August 24, 1988, the trial court rendered a judgment against respondent and in
favor of petitioners Morris and Whittier. The dispositive portion reads:
"WHEREFORE, in view of the foregoing, the Court hereby renders judgment
in favor of the plaintiffs and against defendant, ordering the latter to pay the
former the following:
1) Moral damages to plaintiff Collin A. Morris in the amount of
P1,000,000.00 and to plaintiff Thomas P. Whittier the sum of P750,000.00;
2) Exemplary damages in the sum of P200,00.00;
3) Attorney's fees in the amount of P300,000.00, plus the costs of suit.
"SO ORDERED.
"Makati, Metro Manila, August 24, 1988.
[ORIGINAL SIGNED]
TEOFILO GUADIZ, JR.
J u d g e"[8]
On October 5, 1988, respondent filed a notice of appeal.[9]
Meanwhile,
on
October
6,
1988,
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/50293
petitioners
Morris
and
Whittier
moved
for
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