4/4/2021
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"Bad faith does not simply connote bad judgment or negligence, it imports a dishonest
purpose or some moral obliquity and conscious doing of a wrong, a breach of known
duty through some motive or interest or ill will that partakes of the nature of fraud."[22]
In the instant case, respondent's denial of petitioners' boarding on SAS Flight SK 893
was not attended by bad faith or malice.
To the contrary, facts revealed that they were not allowed to board the plane due to
their failure to check-in on time. Petitioner Morris admitted that they were at the checkin counter at around 3:10, exactly the same time that the flight manifest was closed,
but still too late to be accommodated on the plane. Respondent's supervisor, Raul C.
Basa, testified that he met petitioners at about 3:20 in the afternoon after receiving a
radio call from the ground staff regarding petitioners' complaints. Clearly, petitioners
did not arrive on time for check-in.
As we find petitioners not entitled to moral damages, "an award of exemplary damages
is likewise baseless."[23] "Where the award of moral and exemplary damages is
eliminated, so must the award for attorney's fees be deleted."[24]
WHEREFORE, the Court DENIES the petition for lack of merit. The Court AFFIRMS in
toto the decision of the Court of Appeals in CA-G. R. CV. No. 38684.
No costs.
SO ORDERED.
Davide, Jr., C.J., (Chairman), Puno, Kapunan, and Ynares-Santiago, JJ., concur.
[1] In CA-G. R. CV No. 38684, promulgated on January 21, 1997, Justice Aliño-
Hormachuelos, ponente, Justices Gonzaga-Reyes, and Mabutas, Jr., concurring; Rollo,
pp. 43-56.
[2] Petition for Review, Annex "B", Rollo, p. 59.
[3] Ibid., Rollo, p. 58.
[4] Ibid., Rollo, p. 60.
[5] Ibid., Rollo, pp. 60-61.
[6] Ibid., Rollo, p. 61.
[7] Ibid., Rollo, p. 62.
[8] Ibid., Rollo, p. 67.
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