MANILA, Philippines (Feb.10,2008) -- The Supreme Court has ordered Northwest Airlines to pay nearly P1 million in damages to a Filipino seaman who was bumped off a United States-bound flight in favor of an American passenger and thus failed to report to his job on the scheduled date.
In its ruling, the high court gave credence to the complaint of seaman Steven Chiong that he was at the airport three hours ahead of his scheduled flight on April 1, 1989, but was not issued a boarding pass and thus was unable to board the flight, contrary to Northwest's claim that Chiong did not show up at the airport on that date.
The high tribunal also affirmed the findings of the Regional Trial Court and the Court of Appeals.
According to the Supreme Court, Northwest acted in an "oppressive manner" toward Chiong although the latter was able to present evidence that he was at the airport on the day of his scheduled flight. Chiong was barred from boarding the plane after being given the "runaround" and his name was crossed off the passenger list and replaced with that of an American.
"It is borne out by the records that Chiong was given the runaround at the Northwest check-in counter, instructed to deal with a 'man in barong' to obtain a boarding pass, and eventually barred from boarding Northwest Flight No. 24 to accommodate an American, W. Costine, whose name was merely inserted in the flight manifest and did not even personally check in at the counter," the high court said in its Jan. 31 decision.
The court awarded Chiong $8,400 (around P300,000 then) in compensatory damages; P15,000 in actual damages; P200,000 in attorney's fees and P400,000 in moral and punitive damages.
In his complaint, Chiong said he arrived at the airport three hours before his flight to the US where he was to work as third engineer on the M/V Elbia in San Diego, California. He first went to the Coast Guard counter to get his clearance.
He then went to check in at the Northwest counter, but was told his name was not on the passenger list. He was made to speak to a barong-clad man who demanded $100 in exchange for the boarding pass.
Chiong did not have the money and thus failed to board his flight. He was only able to leave the country on April 17.
3 comments:
When all our 3 branches of government is working, then I believe we can be assured that there is a guarantee of our basic rights being protected but if we do not know of our rights and obligations, then we always end of wandering and accepting what others will just impose on us. We can not forever be manacled by sheer ignorance of the law. Moral lesson; know your rights and be assertive.
Those involved on this act should have been punished. It is very clear they acted in favor of the American who in turn I think bribed those involved. The question is...is it still being practice by our present officials?
This is a classic civil case involving "quasi-delicts" or torts. It is not a labor suit involving the seafarer.
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