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PAL v.

CA The LC found that the dizzy spells, headache and general debility of
Topic: 1.2 Parties - Exceptions private respondent Samson was an after-effect of the crash-landing
which was supported by substantial evidence.
FACTS:
1. On January 8, 1951, respondent Samson was a co-pilot for a There is gross negligence on PAL for allowing Capt. Bustamante to
flight from Manila to Legaspi with Captain Bustamante acting fly. The mere request for waiver of physical standards is itself a
commanding pilot. positive proof that the physical condition of Capt. Bustamante is not
2. Captain Bustamante was suffering from a long standing of the standard set by the CAA.
tumor of the Nasopharynx but was cleared by Civil
Aeronautics Administration to fly but only as a co-pilot According to Article 1732, Petitioner is defined as a common carrier
3. On account of Captain Bustamante slow reaction and poor which should exercise the highest degree of care. Under Art 1733
judgment, he crash-landed the airplane beyond the runway and 1755, Common carriers are bound to observe extraordinary
4. During the crash, the head of Samson smash through the diligence. Under Art. 1756. In case of death of or injuries to
thick front windshield of the airplane which cause severe passengers, common carriers are presumed to have been at fault
brain concussion and subsequently periodic dizzy spells, unless they prove extraordinary diligence.
general debility and nervousness;
5. Phil Air Lines (PAL), instead of submitting Samson to expert The duty to exercise the utmost diligence on the part of common
medical treatment, discharged him on grounds of physical carriers is for the safety of passengers as well as for the members of
disability the crew.
6. Samson due to delayed treatment have become physically
unfit to continue as aviator.
Pal argue:
 Samson’s injuries were superficial in nature; that the
"periodic spells, headache, and general debility" complaint of
respondent were due to emotional disturbances for failing to
pass the required up-grading or promotional course. This
diagnosis was affirmed by an expert neuro-surgeon which
found Samson as suffering-from neurosis.
 Captain Bustamante was a competent and proficient pilot.
The Civil Aeronautics Administration, notwithstanding his
sickness, granted upon his fitness and gave him a waiver of
physical standards which enable him be competent to fly.

ISSUE: WON PAL failed to exert the necessary diligence when it


allowed the Captain to fly notwithstanding he’s ailment?

HELD: YES

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