Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch____
Makati City

ANA D. TAHIMIK, Civil Case No._________

Plaintiff, For: Damages for Breach of

Contract of Carriage
-versus-

ALIS WESTERN AIRLINES,

Defendant.
x-------------------------------x

COMPLAINT

Plaintiff, by the undersigned counsel, and unto this

Honorable Court, most respectfully alleges that:

1. Herein plaintiff is of legal age, Filipino, with residence at

Block 1, Lot2, Rose St., Rizal, Makati City;

2. Herein defendant is a corporation duly organized and

existing under Philippine Laws with an office address at
Andres Avenue, Pasay City;

3. Plaintiff is a Bangko Sentral ng Pilipinas (BSP) Governor

Counsel;

4. She who was scheduled to attend the Association of

Government Accountants Financial Systems Summit on
January 15-16, 2018 in Rome. Attached as herewith as
“Annex A” is proof of such.
5. On January 1, 2018, the plaintiff then purchased a
roundtrip ticket from Manila, Philippines to Rome and
back to Manila, Philippines;

6. The defendant, through its authorized agent, issued &

paid to the plaintiff a “first class” airline ticket with a serial
number 2Q003345 bound for Rome from Manila,
Philippines and 2R002243 bound for Manila, Philippines
from Rome. Attached herewith as “Annex B” and “Annex
C” are the airline tickets issued to the plaintiff.

7. The said airline ticket indicated the expected time of

departure at 4 o’clock in the afternoon on January 10,
2018 while the expected time of arrival is at 10 o’clock in
the morning of January 12, 2018.

8. On the day of the scheduled flight, herein plaintiff arrived

at the Ninoy Aquino International Airport Terminal 2 at
exactly 11 o’clock in the morning.

9. Upon arriving at the airport, herein plaintiff confirmed her

booked flight, checked-in her luggage and was issued a
boarding pass.

10. At 3 o’clock in the afternoon, the plaintiff boarded the

plane and while on board, the defendant’s employee
approached the plaintiff and requested to her to vacate the
“first class” seat to transfer to the “economy class” class
seat.

11. Plaintiff was told by the flight attendant that a white man
has a better right to the said “first class” seat.

12. The plaintiff when asked to vacate however refused and

asserted on her right to be seated in the first class as
reflected on her boarding pass.

13. The parties exchanged heated discussions until plaintiff

already felt humiliated and was forced to leave and give
 way to the foreigner. This fact is likewise shown in the
sworn statement of a fellow passenger of that flight.
Attached herewith as “Annex E” is the sworn statement of
said passenger.

14. On January 20, 2018, plaintiff sent to the defendant a

demand letter asking for damages on ground of breach of
contract of carriage. But no response was made by
defendant. Attached herewith as “Annex E” is the demand
letter of plaintiff.

15. Plaintiff paid a consideration of ONE HUNDRED TEN

THOUSAND PESOS (P110,000.00) for a first class ticket
but she was seated on the economy class.

16. As such, plaintiff suffered ONE HUNDRED THOUSAND

PESOS (P100,000), the amount the plaintiff could have
saved if she just bought an economy class ticket, for which
plaintiff respectfully prays that the defendant be order to
pay the said amount by way of actual damages.

17. As a result of the incident, plaintiff suffered from

besmirched reputation, mental anguish, serious anxiety,
sleepless nights, and moral shock for which plaintiff prays
that this Honorable Court order the defendant to pay for
moral damages in the amount of FIVE MILLION PESOS
(Php 5,000,000.00).

18. To set an example for the public good and because of the
malice and bad faith demonstrated by herein defendant
airline, exemplary damages of not less than FIFTY
THOUSASND PESOS (Php 50,000.00) should be imposed;

19. And also due to the defendant’s malicious and unlawful

actions, herein plaintiff was compelled to file this case and
employ the services of a counsel, for which she demands
reasonable attorney’s fees and litigation expenses
amounting to FIFTY THOUSAND PESOS (50,000.00).
 PRAYER

WHEREFORE, in view of the foregoing, it is most respectfully

prayed of this Honorable Court that an order be issued against
defendant;

a. To pay the plaintiff the amount of ONE HUNDRED

THOUSAND PESOS (P100,000) as actual damages;
b. To pay the plaintiff the amount of FIVE MILLION PESOS
(P1,000,000.00) as moral damages;
c. To pay the plaintiff the amount of FIFTY THOUSAND PESOS
(P50,000.00) as exemplary damages, and
d. To pay the plaintiff the amount of FIFTY THOUSAND PESOS
(P50,000.00) for attorney’s fees and litigation expenses.

Plaintiff further prays for such other reliefs and remedies which
are just, proper and equitable.

Makati City, February 1, 2018.

ATTY. JON NANGKASO

Counsel for the Plaintiff
Poblacion, Makati City
Roll No. 64578
IBP No. 105478, December 31, 2018
PTR No. 5478965, December 31, 2018
MCLE No. A-1234567
 VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING

I, ANA D. TAHIMIK, of legal age, after having been duly sworn

in accordance with law, depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated
therein are true and correct of my personal knowledge
and/or on the basis of copies of documents and records
in my possession;
4. I have not commenced any other action or proceeding
involving the same issues in the Supreme Court, the
Court of Appeals, or any other tribunal or agency;
5. To the best of my knowledge and belief, no such action
or proceeding is pending in the Supreme Court, the
Court of Appeals or any other tribunal or agency; and
6. If I should thereafter learn that a similar action or
proceeding has been filed or is pending before the
Supreme Court, the Court of Appeals, or any other
tribunal or agency, I undertake to report that fact within
five (5) days therefrom to this Honorable
Court.

ANA D. TAHIMIK
Affiant

SUBSCRIBED AND SWORN to before me this 1st day of

February 2018 at Makati City affiant exhibiting to me his
Community Tax Certificate No. 123456 issued on January 31,
2018 at Rizal, Makati City.

Doc. No. 1 ATTY. BABY B. BOY

Page No. 2; NOTARY PUBLIC
Book No. 3; UNTIL DEC. 31, 2018
Series of 2018 ATTORNEY’S ROLL NO. 51945
IBP NO. 295413 JANUARY 2020,
MAKATI CITY