Petitioner
Dr. Enrique T. Ona
Respondent
Northstar International Travel
Citation
G.R. No. 209581
Court
Supreme Court
Division
Third Division
Decided
January 15, 2020

Summary

The Supreme Court denied the Ona spouses' petition seeking moral damages and attorney's fees from Northstar International Travel, Inc. for negligence in reviewing their Schengen visa applications. The spouses contracted Northstar for an 18-day European trip but incorrectly indicated '15 days' in their visa applications, causing travel complications when KLM initially refused check-in. While lower courts awarded €290 and P25,000 in actual damages for expenses incurred in extending visas, they denied moral damages. The Supreme Court affirmed, distinguishing between simple negligence and bad faith required for moral damages under Article 2220 of the Civil Code. The Court emphasized that bad faith requires conscious wrongdoing with dishonest purpose, not mere negligence. Travel agencies are held to ordinary diligence standards, not extraordinary diligence of common carriers. The case establishes important precedent on contractual negligence standards for travel agencies and requirements for moral damages in breach of contract cases.

Statutes applied

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By Intellegal Editorial Board · January 15, 2020

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