Whether or not the dam operators are liable for releasing huge amount of water that caused flooding

in certain areas affected. Whether or not the group of Umbra Kato may be held liable for rebellion or murder.
Whether or not the provision under the constitution prohibiting the ownership of foreign nationals on lands here in the Philippines should be amended. Whether or not Carabuena should be criminally held liable for the crime of physical injuries. Whether or not Carabuena's license be revoked by the MMDA.

Facts: On August 18, 2012, DILG Secretary Jesse Robredo boarded a Piper Seneca airplane from Cebu City going to Naga City, when the plane's pilots, Captain Jessup Bahinting along with co-pilot Nepalese flight student Kshitiz Chand decided to make an emergency landing at the Moises R. Espinosa Airport in Masbate City due to engine failure. The aircraft owned by Aviatour Air carrying Secretary Robredo along with his aide, Police Chief Inspector June Paolo Abrazado crashed off the shore of Masbate Island. His aide, Chief Inspector June Abrazado, survived the crash. Search and recovery operations were conducted by Philippine Coast Guard, Philippine Navy, Philippine Air Force and the local government of Masbate, with assistance from a number of foreign technical divers. Robredo's body was found at 8:15 AM, Tuesday, August 21, 2012. The news was confirmed by DOTC Secretary Mar Roxas. He said the body was found 800 meters (2,600 feet) off Masbate at 54 metres (180 feet) deep. Aviatour Air, owner of the downed aircraft carrying Interior Secretary Jesse Robredo, denied that there are discrepancies in its documents as shown in the initial findings of the Civil Aviation Authority of the Philippines (CAAP). Aviatour director of flight school in training and safety Capt. Antonio Jureidini claimed that the findings of CAAP special investigator 1 Cesar Lucero was wrong, and that the Piper Seneca plane owned by Capt. Jessup Bahinting was authorized to be used both for chartered flights and flight training. He also said Bahintings co-pilot Kshitz Chand was onboard the plane not as a training pilot but as a passenger. He said Bahingting brought along with him Chand so he will have a companion on the way back to Cebu. He mentioned that the Piper Seneca is an airplane certified by the manufacturer and by the CAAP that they can be flown by one pilot only and it really does not need a co-pilot. He added that it is the pilots discretion to allow another pilot to join the flight as long as that person has a license.

Issue: Whether or not there is negligence on the part of the Aviatour Air, the downed aircraft carrying DILG Sec. Robredo? Held: There is no negligence on part of the Aviatour Air, the downed aircraft carrying DILG Sec. Robredo. Article 2176, in relation to Article 2180 of the Civil Code, provides: Art. 2176. Whoever by act or omission causes damage to another, there being fault or negligence is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter. Art. 2180. The obligation imposed by Art. 2176 is demandable not only for ones own acts or omissions but also for those of persons for whom one is responsible. Employers shall be liable for the damage caused by their employees and household helpers acting within the scope of their assigned tasks even though the former are not engaged in any business or industry.

Whenever an employees negligence causes damage or injury to another, there instantly arises a presumption that the employer failed to diligence in the selection or supervision of his employee. Thus, in the selection of prospective employees, employers are required to examine them as to their qualification, experience and service record. With respect to the supervision of employees, employers must formulate standard operating procedures, monitor their implementation, and impose disciplinary measures for breaches thereof. These facts must be shown by concrete proof, including documentary evidence. According to Department of Transportation and Communication spokesperson Nic Conti, Capt. Jessup Bahinting, the pilot of the plane that crashed and killed Interior Secretary Jesse Robredo, had a valid pilots license. Capt. Bahintings flight instructor license and commercial pilot license are not expired. Conti said in a phone interview with GMA News Online that Capt. Jessup Bahinting got his licenses renewed last April and valid for one year, countering published reports that Bahinting had an unregistered pilots license. Furthermore, Conti said that neither was Aviatours chartered flight or air taxi license expired as it was valid until November of this year 2012. Hence, Aviatour Air proved that they observed due diligence in making sure they have the license for chartered flight and that the pilot of the Piper Seneca airplane, Capt. Jessup Bahinting, the companys chairman and chief executive officer had his unexpired instructor and commercial pilot license as well.

http://www.abs-cbnnews.com/nation/08/18/12/robredos-plane-crashes-masbate http://www.abs-cbnnews.com/nation/regions/08/29/12/aviatour-disputes-findingsrobredo-plane-crash http://www.gmanetwork.com/news/story/271943/news/nation/dotc-bahinting-aviatourhad-valid-licenses