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ISSUE:
Is there a causal connection between the injuries suffered by private respondent during the accident on 8 January
1951 and the subsequent periodic dizzy spells, headache and general debility of which private respondent
complained every now and then, on the one hand, and such periodic dizzy spells, headache and general debility
allegedly caused by the accident and private respondents eventual discharge from employment, on the other?
RULING:
Yes. The dizzy spells, headache and general debility of private respondent Samson was an after-effect of the crash-
landing
We also find the imputation of gross negligence by respondent court to PAL for having allowed Capt. Delfin
Bustamante to fly on that fateful day of the accident on January 8, 1951
The pilot was sick. He admittedly had tumor of the nasopharynx cranad(nose). He is now in the Great Beyond. The
spot is very near the brain and the eyes. Tumor on the spot will affect the sinus, the breathing, the eyes which are
very near it. No one will certify the fitness to fly a plane of one suffering from the disease.
the evidence shows that the overshooting of the runway and crash-landing at the mangrove was caused by the pilot
for which acts the
defendant must answer for damages caused thereby. And for this negligence of defendants employee, it is liable
The fact that private respondent suffered physical injuries in the head when the plane crash- landed due to the
negligence of Capt. Bustamante is undeniable. The negligence of the latter is clearly a quasi-delict and therefore
Article 2219, cranad(2) New Civil Code is applicable, justifying the recovery of moral damages.
The justification in the award of moral damages under Art. 19 of the New Civil Code on Human Relations which
requires that every person must, in the exercise of his rights and in the performance of his duties, act with justice,
give everyone his due, and observe honesty and good faith