01 British Airways V CA
01 British Airways V CA
01 British Airways V CA
NOCON, J.:
* SECOND DIVISION.
700
1 2
Appeals affirming the decision of the trial court in
ordering petitioner British Airways, Inc. to pay private
respondent First International Trading and General
Services actual damages, moral damages, corrective or
exemplary damages, attorney's fees and the costs3 as well as
the Resolution dated February 15, 1990 denying
petitioner's Motion for Reconsideration in the appealed
decision.
It appears on record that on February 15, 1981, private
respondent First International Trading and General
Services Co., a duly licensed domestic recruitment and
placement agency, received a telex message from its
principal ROLACO Engineering and Contracting Services
in Jeddah, Saudi Arabia to recruit 4
Filipino contract
workers in behalf of said principal.
During the early part of March 1981, said principal paid
to the Jeddah branch of petitioner British Airways, Inc.
airfare tickets for 93 contract workers with specific
instruction to transport said workers to Jeddah on or
before March 30, 1981.
As soon as petitioner received a prepaid ticket advice
from its Jeddah branch to transport the 93 workers, private
respondent was immediately informed by petitioner that its
principal had forwarded 93 prepaid tickets. Thereafter,
private respondent instructed its travel agent, ADB Travel
and Tours, Inc., to book the 93 workers with petitioner but
the latter failed to fly said workers, thereby compelling
private respondent to borrow money in the amount of
P304,416.00 in order to purchase airline tickets from the
other airlines as evidenced by the cash vouchers (Exhibits
"B", "C" and "C-1 to C-7") for the 93 workers it had
recruited who must leave immediately since the visas of
said workers are valid only for 45 days and the Bureau of
Employment Services mandates that contract workers
must be sent to the jobsite within a period of 30 days.
Sometime in the first week of June, 1981, private
respondent was again informed by the petitioner that it
had received a
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"As evidence had proved, there was complete failure on the part of
the appellant to transport the 93 contract workers of the appellee
on or before March 30, 1981 despite receipt of the payment for their
airfares, and acceptance of the same by the appellant, with specific
instructions from the appellee's principal to transport the contract
workers on or before March 30, 1981. No previous notice was ever
registered by the appellant that it could not comply with the same.
And then followed the detestable act of appellant in unilaterally
cancelling, booking and rebooking unreasonably the flight of
appellee's contract workers in June to July, 1981 without prior
notice. And all of these actuations of the appellant indeed constitute
malice and evident bad faith which had caused damage and
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besmirched the reputation and business image of the appellee."
708
o0o