Bernales
v.
Northwest
Airlines
Should the
petitioner be
awarded moral
damages due
to the delayed
flight caused
by the typhoon,
which
constitutes a
breach of
carrier
contract?
The petitioner hopped
on the Northwest
Airlines (NWA) Flight
No. 10 bound to
Honolulu, Hawaii via
Narita, Japan.
However, Typhoon
Higos hit Japan,
causing all flights to be
delayed.
While waiting for the
next flight, Bernales,
the petitioner, was
rudely treated by an
NWA staff member at
the airport. He also
experienced
humiliation and was
made to sleep on the
terminal floor “akin to
the beggars of Quiapo
and Baclaran”.
Because of this, the
petitioner prayed for
moral damages from
the breach of carrier
contract, causing him
immense mental
anguish and moral
shock.
Culpa
Contractual,
Fortuitous
events
Moral damages cannot
be awarded in breaches
of contracts of carriage
except in cases of the
death of a passenger or
when the common
carrier acted in bad
faith. Since the primary
cause of NWA’s delay
was the strong typhoon,
the Court cannot
attribute bad faith or ill
motives on the airline
for cancelling the flight.
All the stranded
passengers suffered
the same experience
because of Typhoon
Higos, proving that
NWA did not single the
petitioner out.
Since the typhoon was
an extraordinary and
unavoidable event,
NWA is not held liable
for a breach of contract
resulting from a
fortuitous event.