ANICETO G. SALUDO, JR., MARIA SALVACION SALUDO, LEOPOLDO G. SALUDO and SATURNINO G. SALUDO, vs. HON. COURT OF APPEALS, TRANS WORLD AIRLINES, INC., and PHILIPPINE AIRLINES, INC..
- G.R. Number: G.R. No. 95536
- Promulgated: 1992-03-23
- Ponente: Regalado, J.
Doctrine
A bill of lading (including airway bills) is both a receipt and an agreement to transport and deliver goods and may be called by various names; designation is immaterial.
Absent a special contract, a carrier is not insurer against delay; if carrier agrees to deliver within a specified time, it is liable for any delay regardless of cause.
Moral, exemplary damages and attorney's fees require strong, positive evidence of fraud, malice or bad faith; mere discourtesy does not satisfy that standard.
Facts
Petition for review on certiorari assails CA decision that affirmed trial court's dismissal of petitioners' complaint in Civil Case No. R-2101 of the CFI of Southern Leyte, Branch I.
Sequence of events leading to dispute—delivery delay and the identity/switching of casketed remains—were contested and the factual sequence was disputed on the record.
Petitioners allege delay in delivery of their mother's casketed remains and allege humiliating, arrogant and indifferent acts by employees of TWA and PAL.
Record includes depositions and investigation by PAL's cargo supervisor regarding petitioners' problem; petitioners personally inquired at TWA counter.
Issues
Whether the delay in delivery of the casketed remains was due to the fault of the respondent airline companies.
Whether the one-day delay in delivery constitutes contractual breach entitling petitioners to damages.
Whether damages are recoverable for the humiliating, arrogant and indifferent acts of TWA and PAL employees.
Whether private respondents should be held liable for actual, moral and exemplary damages, aside from attorney's fees.
Ruling
Court found petitioners entitled to nominal damages only and modified award to P40,000.00 in their favor to be paid by Trans World Airlines; appealed decision otherwise affirmed.
Keywords
G.R. No. 95536, petition for review on certiorari, CA-G.R. CV No. 20951, Civil Case No R-2101, delay in delivery, contractual breach, damages, actual damages, moral damages, exemplary damages, attorney's fees, costs of suit, C.M.A.S. (Continental Mortuary Air Services), Philippine Airlines (PAL), Trans World Airlines (TWA), remains, october, shipment, appeals, chicago