Page 9 - OBLICON Activity-Case Booklet
P. 9
DIAGNOSTIC EXERCISES
Case 7.0
Culpa Contractual
Case:
Nicolas L. Gatos, then Commissioner for Public Highways of the
Republic of the Philippines filed a case against Northwest Airlines, Inc. The
facts reveal that Mr. Gatos boarded Northwest Airlines in Manila with a first
class ticket to Tokyo. Upon arrival at Okinawa, Mr. Gatos was transferred
to the tourist class compartment. Although he revealed that he was
traveling in his official capacity as official delegate of the Republic to a
conference in Tokyo, an agent of Northwest Airlines rudely compelled him,
in the presence of other passengers, to move, over his objection, to the
tourist class, under threat of otherwise leaving him in Okinawa. In order to
reach the conference on time, respondent had no choice but to obey.
Is Mr. Gatos entitled to damages for culpa contractual?
Answer:
__________________________________________________
