Zulueta vs. Pan-Am (G.r. No. L-28589

RAFAEL and TELLY ZULUETA VS.
PAN-AM
G.R. No. L-28589
FACTS: Spouses Zulueta and and the their daughter were passengers aboard a PANAM plane from
Honolulu to Manila, the first leg of which was Wake Island. The plane landed on said Island and they
were advised that they could disembark for a stopover of about 30 minutes.
Having found the need to relieve himself, Mr. Zulueta went to the men's comfort room at the terminal
building, but found it full of soldiers, thus, he walked down the beach some 100 yards away. When the
flight was called and when the passengers had boarded the plane, Mr. Zulueta’s absence was noticed.
And so the take-off was, accordingly, delayed and a search for him was conducted. Upon returning, he
told an employee of the defendant that they almost made him miss the flight because of a defective
announcing system. He had a discussion with either the plan captain or the terminal manager.
The defendants asked Zuluetas to turn over their baggage claim checks. Plaintiffs did so, handing him
four (4) claim checks. However, only three (3) bags were located and segregated from the rest of the
passenger's luggage. The items hand carried by plaintiffs, except for plaintiff's overcoat, were also
brought down. While the search was going on for the fourth bag. The airport manager, demanded that
plaintiffs open the bags (actually, they were closed, but not locked) and allow defendant's employees to
inspect them. Rafael Zulueta refused and he was told that he would not be allowed to proceed to
Manila on board the plane and handed Zulueta a letter. He was left at Wake Island and was able to
return to the Philippines 2 days after. Mr. Zulueta claimed that during his stay in the place, his wife had
to transfer him money for his expenses.  The Zuluetas demanded that PANAM reimburse them in the
sum of P1,505,502.85 for damages; but they refused to do so.
RTC: Ruled in favor of the Zuluetas and awarded them moral and exemplary damages. Hence, this
petition where PANAM maintains that:
a) when the announcement was made, zuluetas had a quarrel with his wife and after he was found
at the beach and he did everything to compel Pan American personnel to leave him behind";
b) Zulueta's irrational behavior and refusal to have his bags examined the captain had the right and
duty to leave Zulueta behind";
ISSUE/S I. Whether or not plaintiff is entitled to MORAL and EXEMPLARY damages for breach of
contract. – YES
RULING: YES, the plaintiff is entitled to damages. Firstly, plaintiff’s testimony about what he did upon
reaching the beach is uncontradicted. Furthermore, there is absolutely no direct evidence about said
alleged quarrel. If such was true, surely, plaintiff would not have walked back from the beach to the
terminal before the plane had resumed its flight to Manila, thereby exposing his presence to the full
view of those who were looking for him.
Anent the request of the common carrier to inspect the bags of plaintiff, it appears that Captain Zentner
received information that one of the passengers expressed a fear of a bomb on board the plane. As a
result, he asked for the plaintiff’s bags to verify the bomb. Nevertheless, this claim is unfounded. The
Captain failed to explain why he seemingly assumed that the alleged apprehension of his information
was justified. Plaintiff himself intimated to them that he was well known to the US State Department
and that the Captain was not even aware of the informant’s name or any circumstances which may
substantiate the latter’s fear of a certain bomb.
Defendants further argue that plaintiff was also guilty of contributory negligence for failure to reboard
the plane within the 30 minutes announced before the passengers debarked therefrom. This may have
justified a reduction of the damages had plaintiff been unwittingly left by the plane, owing to the
negligence of PANAM personnel, or even, wittingly, if he could not be found before the plane’s
departure. It does not, and cannot have such justification in the case at bar, plaintiff having shown up
before the plane had taken off and he having been off-loaded intentionally and with malice.

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