The Court of Appeals (CA) has sustained a ruling rendered by a Pasig City trial court dismissing a civil complaint for damages filed by businessman Robert Sobrepeña against certain Bureau of Immigration officials responsible for aborting his flight to San Francisco, California in 2013.
In an 11-page decision written by Associate Justice Apolinario Bruselas Jr., the CA’s Fourth Division junked Sobrepeña’s claim that the Pasig City trial court erred in tossing out his complaint for violation of Article 32 of the New Civil Code.
Sobrepeña argued that the respondents—then BI airport operations division chief Benito Se Jr., supervisor Luzviminda Boto and immigration officer Johnel Badua— directly obstructed and violated his right to be free from arbitrary detention and liberty of abode which, consequently, impaired his right to travel.
Sobrepena asserted that the incident had negative effects on his family because it was reported all over the news.
According to him, people started to become wary when dealing with him and some of his business negotiations were cancelled.
He sought payment of actual damages for the airline ticket and his transportation expenses; moral damages for mental anguish, besmirched reputation, and impairment of his rights and the humiliation he suffered; exemplary damages by way of correction for the public good and to prevent the defendant-appellants from committing similar acts; and attorney’s fees and cost of suit.