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    G.R. No. L-40597 June 29, 1979 AGUSTINO B. ONG YIU, Petitioner, vs. Honorable Court of Appeals and Philippine AIR LINES, INC., Respondents

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    Vinson Gabato
    Petitioner Agustino Ong Yiu was a passenger on a Philippine Airlines (PAL) flight from Cebu to Butuan for a court hearing. His luggage, which contained important documents for the hearing, was misplaced by PAL and delivered late. When the luggage arrived, some documents were found missing. Yiu sued PAL for breach of contract for transportation. The Court of Appeals found PAL only guilty of simple negligence and ordered them to pay 100 pesos in damages. The Supreme Court agreed and found no bad faith by PAL, as they made diligent efforts to find the luggage and missing documents. Without wrongful acts, fraud or bad faith, Yiu was not entitled to moral or exemplary

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    G.R. No. L-40597 June 29, 1979 AGUSTINO B. ONG YIU, Petitioner, vs. Honorable Court of Appeals and Philippine AIR LINES, INC., Respondents

    Uploaded by

    Vinson Gabato
    107 views2 pages
    Petitioner Agustino Ong Yiu was a passenger on a Philippine Airlines (PAL) flight from Cebu to Butuan for a court hearing. His luggage, which contained important documents for the hearing, was misplaced by PAL and delivered late. When the luggage arrived, some documents were found missing. Yiu sued PAL for breach of contract for transportation. The Court of Appeals found PAL only guilty of simple negligence and ordered them to pay 100 pesos in damages. The Supreme Court agreed and found no bad faith by PAL, as they made diligent efforts to find the luggage and missing documents. Without wrongful acts, fraud or bad faith, Yiu was not entitled to moral or exemplary

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    case digest

    Original Title

    YUI v. CA

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    Petitioner Agustino Ong Yiu was a passenger on a Philippine Airlines (PAL) flight from Cebu to Butuan for a court hearing. His luggage, which contained important documents for the hearing, was misplaced by PAL and delivered late. When the luggage arrived, some documents were found missing. Yiu sued PAL for breach of contract for transportation. The Court of Appeals found PAL only guilty of simple negligence and ordered them to pay 100 pesos in damages. The Supreme Court agreed and found no bad faith by PAL, as they made diligent efforts to find the luggage and missing documents. Without wrongful acts, fraud or bad faith, Yiu was not entitled to moral or exemplary

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    107 views2 pages

    G.R. No. L-40597 June 29, 1979 AGUSTINO B. ONG YIU, Petitioner, vs. Honorable Court of Appeals and Philippine AIR LINES, INC., Respondents

    Uploaded by

    Vinson Gabato
    Petitioner Agustino Ong Yiu was a passenger on a Philippine Airlines (PAL) flight from Cebu to Butuan for a court hearing. His luggage, which contained important documents for the hearing, was misplaced by PAL and delivered late. When the luggage arrived, some documents were found missing. Yiu sued PAL for breach of contract for transportation. The Court of Appeals found PAL only guilty of simple negligence and ordered them to pay 100 pesos in damages. The Supreme Court agreed and found no bad faith by PAL, as they made diligent efforts to find the luggage and missing documents. Without wrongful acts, fraud or bad faith, Yiu was not entitled to moral or exemplary

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    G.R. No.

    L-40597 June 29, 1979

    AGUSTINO B. ONG YIU, petitioner,


    vs.
    HONORABLE COURT OF APPEALS and PHILIPPINE
    AIR LINES, INC., respondents.

    FACTS:
    Petitioner is a lawyer. He was a passenger in PAL Cebu to Butuan for a hearing. He had
    with him a suit case which contained documents he needed for the hearing. Upon
    arrival, he claims that his luggage could not be found. It was then learned, that the
    luggage had been over carried to Manila and it would be immediately sent to Butuan.

    The next day, Yiu went to the airport but his luggage was still not there. Just after when
    he left, the luggage came through. A driver of a colorum car volunteered to take the
    luggage to Yiu as he was the one who drove Yiu. The maleta opened when it was
    placed in the airport counter. Yiu found out that some of his documents were missing
    and refused to accept the luggage.

    Yiu then demanded PAL to look for the missing documents or else be filed a suit against
    them. After due diligence, the documents were still not found, thus Yiu filing against PAL
    for breach of contract of transportation.

    With the CA, they only found PAL guilty of simple negligence and order PAL to pay Yiu
    P100.00 for the baggage liability.

    ISSUE: Whether there was breach of contract between Yiu and PAL when the
    documents were list in PALs custody.

    RULING: NO.

    The SC agreed with the CA that PAL had not acted in bad faith. Bad faith means a
    breach of a known duty through some motive of interest or ill will. It was the duty of PAL
    to look for petitioner's luggage which had been miscarried. PAL exerted due diligence in
    complying with such duty.

    In the absence of a wrongful act or omission or of fraud or bad faith, petitioner is not
    entitled to moral damages (Art. 2217).

    Petitioner is neither entitled to exemplary damages. In contracts, as provided for in


    Article 2232 of the Civil Code, exemplary damages can be granted if the defendant
    acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner, which has
    not been proven in this case.

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