Case Digest (G.R. No. L-28692)
Facts:
Conrada Vda. de Abeto et al. v. Philippine Air Lines, Inc., G.R. No. L-28692, July 30, 1982, the Supreme Court (Teehankee, Chairman; Makasiar, Melencio‑Herrera, Plana and Vasquez, JJ., concurring; Gutierrez, Jr., J., on leave), Relova, J., writing for the Court.Plaintiffs-appellees are the widow, Conrada Vda. de Abeto, appointed administratrix of the estate, and the children of the deceased, Judge Quirico Abeto; defendant-appellant is Philippine Air Lines, Inc. The action arose from the disappearance on November 23, 1960, of PAL flight PI‑C133 from Iloilo to Manila; the aircraft was later found crashed at Mt. Baco, Mindoro, and all aboard were killed. Personal effects recovered at the crash site included a leather bag bearing Judge Abeto’s name.
At the Court of First Instance of Iloilo the plaintiffs proved that Judge Abeto was a ticketed passenger (No. 18 on the load manifest) who was presumed dead; he had been in good health and previously earned P7,200 per year as a Technical Assistant in the Office of the President. The trial court found that the pilot deviated from the prescribed airway “Amber I” (Iloilo‑Romblon‑Manila), allegedly failed to perform pre‑flight tests, had a student officer undergoing training in the cockpit during the flight, and did not report his position over the compulsory reporting point at Romblon. The court concluded that the carrier failed to exercise the extraordinary diligence required of common carriers and awarded various items of damages totaling P57,800.00.
Philippine Air Lines defended by asserting the crash was the result of fortuitous events and navigational error attributable to bad weather and strong winds; it presented evidence of the plane’s certificate of airworthiness and numerous maintenance checks, and contended it exercised due care. The carrier appealed the CFI judgment to the Supreme Court contesting the findings of negligence, the characterization of the event as non‑fortuitous, and the damages awarded.
The Supreme Court reviewed the factual findings and app...(Pro-only)
Issues:
- Did the carrier, Philippine Air Lines, incur liability to the heirs of Judge Quirico Abeto for the death of the passenger under the contract of carriage?
- Were the damages awarded by the Court of First Instance justified and pro...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)