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The airline's staff had prevented the woman from taking a flight despite the fact that her condition is not contagious.
The Pasay City Regional Trial Court (RTC) ordered Cebu Pacific (CebuPac) to pay P2 million in moral and exemplary damages to Rev. Magnolia Nova Mendoza for an incident that took place four years ago.
Asked for comment, CebuPac corporate communications manager Michelle Pestano-Fojas said she has yet to read the decision.
What happened?
Mendoza, an ordained minister and professor at the Silliman University Divinity School, was supposed to take a flight from Dumaguete to Manila at 8:50 a.m. on March 11, 2010.
The check-in personnel, however, returned her ticket and asked about the rashes on her face.
Mendoza was suffering from psoriasis, which is not a communicable disease. Psoriasis is a chronic non-infectious disease that affects the skin. It shows up in red scaly patches in different parts of the body.
Much to Mendoza's embarrassment, she was asked to produce a medical certificate before she could be allowed to board the flight.
The Cebu Pacific officials booked her for the afternoon flight without additional expenses as long as she could produce a medical certificate that she is safe for travel.
Mendoza was finally allowed to fly that afternoon, but was urged to sign still a Special Handling Form.
Mendoza, a frequent flyer, had never experienced such “embarrassment” before. The experience traumatized her, however, to the extent that she stopped flying CebuPac, or suffers panic attacks whenever she takes the plane.
Her psoriasis also worsened because of the trauma. Stress is one of the known triggers of psoriasis.
Mendoza added that her studies also suffered because she had to attend to the case since she had to go to Manila every now and then to attend to the case.
The decision
In a 39-page decision, Pasay court Branch 114 Judge Edwin Ramizo said Mendoza was "put in a situation wherein she was being subjected to a rigid inspection through no fault of her, thus bringing so much embarrassment, humiliation and anxiety on her par."
Ramizo also pointed out that the carrier breached its Contract of Carriage with Mendoza when it failed to let her take the flight.
“When an airline issues a ticket to a passenger confirmed on a particular flight on a certain date, a contract of carriage arises, and the passenger has every right to expect that he would fly on that flight and on that date. If he does not, then the carrier opens itself to a suit for breach of contract of carriage,” the judge said.
CebuPac claimed that it was only exercising diligence to ensure the safety of other passengers.
The judge noted, however, that the carrier’s own Basic Operations Manual (BOM) does not require the presentation of a medical certificate for psoriasis sufferers.
Ramizo further said that it was also not right to put the burden of proving herself fit for flight on Mendoza.
“Had there been readily available medical experts of defendant-carrier, it could have easily addressed the doubts of the minds of its agents about the real condition of the plaintiff,” he said.
When Cebu Pacific check-in personnel prevented her from taking her flight, Mendoza had to call her doctor. Unfortunately, her doctor was not able to take the call. Mendoza had to scramble to find someone else to issue the medical certificate.
“The rule is that a carrier owes to a passenger the highest degree of care and this includes defendant’s duty to provide its own medical staff or consultants who could easily be contacted,” the judge added.
Compensation: P2 million, plus lawyer's fees and cost of suit
In awarding the P1 million moral damages, the court took note of the embarrassment suffered by Mendoza “not once, but twice.”
The judge also ordered Cebu Pacific to pay P1 million in exemplary damages because it acted in “wanton, fraudulent, reckless, oppressive, or malevolent manner” when it breached its contractual obligation with Mendoza.
Mendoza was also granted P100,000 in lawyer’s fees and P129,123 cost of suit.
Lawyer Harry Roque described the decision a proud moment in the justice system. “The RTC decision is precedent in promoting right to equality for all,” he said.
The airline's staff had prevented the woman from taking a flight despite the fact that her condition is not contagious.
The Pasay City Regional Trial Court (RTC) ordered Cebu Pacific (CebuPac) to pay P2 million in moral and exemplary damages to Rev. Magnolia Nova Mendoza for an incident that took place four years ago.
Asked for comment, CebuPac corporate communications manager Michelle Pestano-Fojas said she has yet to read the decision.
What happened?
Mendoza, an ordained minister and professor at the Silliman University Divinity School, was supposed to take a flight from Dumaguete to Manila at 8:50 a.m. on March 11, 2010.
The check-in personnel, however, returned her ticket and asked about the rashes on her face.
Mendoza was suffering from psoriasis, which is not a communicable disease. Psoriasis is a chronic non-infectious disease that affects the skin. It shows up in red scaly patches in different parts of the body.
Much to Mendoza's embarrassment, she was asked to produce a medical certificate before she could be allowed to board the flight.
The Cebu Pacific officials booked her for the afternoon flight without additional expenses as long as she could produce a medical certificate that she is safe for travel.
Mendoza was finally allowed to fly that afternoon, but was urged to sign still a Special Handling Form.
Mendoza, a frequent flyer, had never experienced such “embarrassment” before. The experience traumatized her, however, to the extent that she stopped flying CebuPac, or suffers panic attacks whenever she takes the plane.
Her psoriasis also worsened because of the trauma. Stress is one of the known triggers of psoriasis.
Mendoza added that her studies also suffered because she had to attend to the case since she had to go to Manila every now and then to attend to the case.
The decision
In a 39-page decision, Pasay court Branch 114 Judge Edwin Ramizo said Mendoza was "put in a situation wherein she was being subjected to a rigid inspection through no fault of her, thus bringing so much embarrassment, humiliation and anxiety on her par."
Ramizo also pointed out that the carrier breached its Contract of Carriage with Mendoza when it failed to let her take the flight.
“When an airline issues a ticket to a passenger confirmed on a particular flight on a certain date, a contract of carriage arises, and the passenger has every right to expect that he would fly on that flight and on that date. If he does not, then the carrier opens itself to a suit for breach of contract of carriage,” the judge said.
CebuPac claimed that it was only exercising diligence to ensure the safety of other passengers.
The judge noted, however, that the carrier’s own Basic Operations Manual (BOM) does not require the presentation of a medical certificate for psoriasis sufferers.
Ramizo further said that it was also not right to put the burden of proving herself fit for flight on Mendoza.
“Had there been readily available medical experts of defendant-carrier, it could have easily addressed the doubts of the minds of its agents about the real condition of the plaintiff,” he said.
When Cebu Pacific check-in personnel prevented her from taking her flight, Mendoza had to call her doctor. Unfortunately, her doctor was not able to take the call. Mendoza had to scramble to find someone else to issue the medical certificate.
“The rule is that a carrier owes to a passenger the highest degree of care and this includes defendant’s duty to provide its own medical staff or consultants who could easily be contacted,” the judge added.
Compensation: P2 million, plus lawyer's fees and cost of suit
In awarding the P1 million moral damages, the court took note of the embarrassment suffered by Mendoza “not once, but twice.”
The judge also ordered Cebu Pacific to pay P1 million in exemplary damages because it acted in “wanton, fraudulent, reckless, oppressive, or malevolent manner” when it breached its contractual obligation with Mendoza.
Mendoza was also granted P100,000 in lawyer’s fees and P129,123 cost of suit.
Lawyer Harry Roque described the decision a proud moment in the justice system. “The RTC decision is precedent in promoting right to equality for all,” he said.
