Scribd
Upload
198 views2 pages

Air France vs. Carrascoso Case Digest

Carrascoso bought a first class ticket on Air France but was forced to give up his seat by the manager to accommodate a white passenger. Carrascoso testified in court that the purser's notebook contained an entry about the incident. Air France argued this was inadmissible hearsay. The court ruled the testimony was not barred by the best evidence rule and was admissible as part of the res gestae, or events speaking for themselves, because it was a spontaneous statement made under the excitement of the event. The notebook entry was made outside the Philippines so requiring its actual production would be difficult for Carrascoso. Air France could have clarified the matter by obtaining testimony from the purser.

Uploaded by

Renalyn Paras
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
198 views2 pages

Air France vs. Carrascoso Case Digest

Carrascoso bought a first class ticket on Air France but was forced to give up his seat by the manager to accommodate a white passenger. Carrascoso testified in court that the purser's notebook contained an entry about the incident. Air France argued this was inadmissible hearsay. The court ruled the testimony was not barred by the best evidence rule and was admissible as part of the res gestae, or events speaking for themselves, because it was a spontaneous statement made under the excitement of the event. The notebook entry was made outside the Philippines so requiring its actual production would be difficult for Carrascoso. Air France could have clarified the matter by obtaining testimony from the purser.

Uploaded by

Renalyn Paras
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

AIR FRANCE VS.

CARRASCOSO
18 SCRA 155 (1966)
By : Ortiz, Kathleen

Facts:
Carrascoso, bought a first class ticket to go to Rome. From Manila to Bangkok,
Plaintiff traveled in first class but on their stop-over in Bangkok, the Manager of the
defendant airline forced the plaintiff to vacate his seat in order to make room for a “white
man”, who, the Manager alleged, had a better right to the seat. After a brief commotion
whereinCarrascoso said he would leave his seat on over his “dead body,” he gave it up.

The CFI decided in favor of Carrascoso , while the CA affirmed the decision but
reduced the award further. During the trial, one piece of evidence that was admitted was
the alleged entry by the purser employed by the defendant and testified to by the plaintiff.
The alleged notebook entry, read “First class passengers was forced to go to tourist class
against his will and that the captain refused to intervene”. Defendant charges that such
testimony by Carrascoso is incompetent for being hearsay. It is claimed by Air France that
such piece of evidence comes within the proscription of the Best Evidence rule they are
claiming such entry could not have been proven by mere testimony but by presenting the
notebook itself.

Issue:
Whether or not the entry in the notebook is incompetent as evidence?

Ruling:
Yes.
The subject of inquiry is not the entry but the ouster incident. Testimony on the
entry does not come within the Best Evidence rule. It is admissible. Besides, from a reading
of the transcript above mentioned, when the dialogue happened, the impact of the startling
occurrence was still fresh and continued to be felt. The excitement had not as yet died
down. Statements then, in this environment, are ADMISSIBLE AS PART OF THE RES
GESTAE. For they grow out of “the nervous excitementin and mental and physical condition
of the declarant.” The utterance of the purser regarding his entry in the notebook was
spontaneous, and related to the circumstances of the ouster incident. Its trustworthiness
has been guaranteed. It thus escapes the operation of the hearsay rule. It forms part of the
res gestae. It is not within the Best Evidence Rule as the entry was made outside the
Philippines by the employee of Air France. It would have been an easy matter for petitioner
to have contradicted Carrascoso’s testimony. If it were true that no entry was made the
deposition of the purser could have cleared up the matter.

You might also like