Cervantes V CA Digest

[G.R. No. 125138.
March 2, 1999]
NICHOLAS Y. CERVANTES, petitioner, vs. COURT OF APPEALS AND THE PHILIPPINE AIR LINES,
INC., respondent.
FACTS: Private respondent PAL issued to the herein petitioner, Nicholas Cervantes, a round trip
plane ticket for Manila-Honolulu-Los Angeles-Honolulu-Manila, which ticket expressly provided an expiry of
date of one year from issuance, that is, until March 27, 1990. On March 23, 1990, four days before the
expiry date of subject ticket, the petitioner used it. Upon his arrival in Los Angeles on the same day, he
immediately booked his Los Angeles-Manila return ticket with the PAL office, and it was confirmed for the
April 2, 1990 flight. Upon learning that the same PAL plane would make a stop-over in San Francisco, and
considering that he would be there on April 2, 1990, petitioner made arrangements with PAL for him to
board the flight in San Francisco instead of boarding in Los Angeles. On April 2, 1990, when the petitioner
checked in at the PAL counter in San Francisco, he was not allowed to board. The PAL personnel did not
accept the ticket due to the expiration of its validity.
Petitioner Cervantes filed a Complaint for Damages for breach of contract of carriage, but the said
complaint was dismissed. Petitioner appealed to the Court of Appeals, which upheld the dismissal of the
case. Petitioner contends that the confirmation by the PALs agents in Los Angeles and San Francisco
changed the compromise agreement between the parties.
ISSUE: (1) Whether or not the act of the PAL agents in confirming subject ticket extended the
period of validity of petitioner’s ticket;
(2) Whether or not petitioner is entitled to recover damages.
RULING:
1.) No, the employees of PAL had no authority to extend the validity or lifetime of the ticket in question.
The plane ticket itself provides that it is not valid after March 27, 1990. It is also stipulated therein that the
ticket is good for carriage for one year from date of issue. The ticket constitutes the contract between the
parties. It is axiomatic that when the terms are clear and leave no doubt as to the intention of the contracting
parties, contracts are to be interpreted according to their literal meaning. Petitioner had firsthand knowledge
that the ticket in question would expire on March 27,1990 and that to secure an extension, he would have
to file a written request for extension at the PALs office in the Philippines. Petitioner was fully aware that
there was a need to send a letter to the legal counsel of PAL for the extension of the period of validity of
his ticket.
Since the PAL agents are not privy to the said Agreement and petitioner knew that a written request
to the legal counsel of PAL was necessary, he cannot use what the PAL agents did to his advantage. The
said agents, therefore, acted without authority when they confirmed the flights of the petitioner.
Under Article 1898 of the New Civil Code, the acts of an agent beyond the scope of his authority do not
bind the principal, unless the latter ratifies the same expressly or impliedly. Furthermore, when the third
person (herein petitioner) knows that the agent was acting beyond his power or authority, the principal
cannot be held liable for the acts of the agent. If the said third person is aware of such limits of authority,
he is to blame, and is not entitled to recover damages from the agent, unless the latter undertook to secure
the principals ratification.
2.) No, petitioner is not entitled to recover damages because petitioner failed to show that PAL acted
in bad faith in refusing to allow him to board its plane in San Francisco.
In awarding moral damages for breach of contract of carriage, the breach must be wanton and deliberately
injurious or the one responsible acted fraudulently or with malice or bad faith. Petitioner knew there was a
strong possibility that he could not use the subject ticket, so much so that he bought a back-up ticket to
ensure his departure. Petitioner himself was the one in bad faith. What the employees of PAL did was one
of simple negligence. No injury resulted on the part of petitioner because he had a back-up ticket should
PAL refuse to accommodate him with the use of subject ticket.
Neither can the claim for exemplary damages be upheld. Such kind of damages is imposed by way of
example or correction for the public good, and the existence of bad faith is established. The wrongful act
must be accompanied by bad faith, and an award of damages would be allowed only if the guilty party acted
in a wanton, fraudulent, reckless or malevolent manner. Here, there is no showing that PAL acted in such
a manner.

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[G.R. No. 125138.

(2) Whether or not petitioner is entitled to recover damages.

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