Posts

Case Digest: Cogeo-Cubao Operators and Drivers Association vs. Court of Appeals and Lungsod Silangan Transport Services, Corp., Inc., G.R. No. 100727, March 18, 1992

Commercial Law | Public Service Act In 1983, Lungsod Silangan Transport Services Corp. was granted a certificate of public convenience to operate a jeepney service on the Cogeo-Cubao route. Two years later, the Cogeo-Cubao Operators and Drivers Association was formed and began protesting the corporation’s "Bandera System," which required drivers to pay a fee to queue for passengers. On November 11, 1985, members of the Association formed a human barricade and forcibly took over the dispatching and operation of the jeepneys for ten days. Claiming this was a lawful exercise of their right to redress grievances, the Association refused to stop, prompting the corporation to file a lawsuit for damages to protect its operations. The legal issue is whether the Association’s unauthorized takeover of the jeepney route violated the corporation’s property rights, justifying an award for damages. The Supreme Court ruled that the Association is liable for nominal damages because it illega...
Read more

Case Digest: Lufthansa German Airlines vs. Court of Appeals and Tirso V. Antiporda, Sr., G.R. No. 83612, November 24, 1994

Tirso Antiporda, Sr., then a Governor of the Development Bank of the Philippines, booked a flight from Manila to Singapore via Lufthansa with a ticket clearly marked “OK,” indicating a confirmed reservation for his business trip to the United States. When he arrived at the airport on the date of departure, Lufthansa’s check-in staff refused to board him, claiming that his name was not on the passenger manifest and that he was merely a waitlisted passenger. Despite his protests and the presentation of his confirmed ticket, he was bumped off the flight and forced to find alternative transportation, causing him to suffer public embarrassment and mental anguish. The specific legal issue is whether Lufthansa is liable for damages for breaching the contract of carriage and whether such breach was attended by bad faith or gross negligence. The Supreme Court ruled in favor of Antiporda, holding Lufthansa liable for breach of contract and bad faith. The Court emphasized that an “OK” status on a...
Read more