Case Digest (G.R. No. 107764)
Facts:
Government Service Insurance System v. Pacific Airways Corporation, Ely Bungabong, and Michael Galvez, G.R. Nos. 170414, 170418, 170460, August 25, 2010, Supreme Court Second Division, Carpio, J., writing for the Court.On the evening of 2 April 1996, a Twin Otter aircraft operated by Pacific Airways Corporation (PAC) and commanded by pilot Ely B. Bungabong with co‑pilot Michael F. Galvez taxied after disembarking passengers at Manila International Airport. Around the same time a Philippine Airlines (PAL) Boeing 737, crewed by pilots Rogelio Casino and Ruel Isaac, was cleared for take‑off on runway 13. PAC’s pilots requested and received clearance to taxi across runway 13 while still about 350 meters away from it and, without making a full stop at the holding point to obtain an updated clearance, proceeded to cross the active runway. PAL’s 737 was already on the take‑off roll when the Boeing collided with the Twin Otter; both PAC pilots suffered injuries and the Twin Otter was destroyed.
On 7 May 1996 PAC, Bungabong, and Galvez filed Civil Case No. 96‑0565 in the Regional Trial Court (Branch 112), Pasay City, against PAL, Casino, Isaac, the Air Transportation Office (ATO), ATO controllers and supervisors; the Government Service Insurance System (GSIS), as insurer of the Boeing 737, intervened. The RTC rendered judgment finding ATO controllers (Alzola, Lim, Linog, Jr.) negligent and the PAL pilots the direct cause, awarding substantial damages to PAC and to its pilots; PAL, its pilots, ATO, the controllers, and GSIS all appealed.
The Court of Appeals, in a 28 October 2004 decision, affirmed the RTC judgment in toto. After motions for reconsideration, the CA issued a 15 November 2005 resolution modifying its decision to dismiss the case against air traffic controller Ernesto Linog, Jr., relying in part on his acquittal in the related criminal case; all other aspects were affirmed. Petitioners filed three consolidated petitions for review under Rule 45 ...(Subscriber-Only)
Issues:
- Who among the parties is liable for negligence under the circumstances of the collision? ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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