PHILIPPINE AIR LINES, INC., Petitioner, vs. THE COURT OF APPEALS and JESUS V.

SAMSON, Respondents
G.R. No. L-46558, July 31, 1981

FACTS: Plaintiff Jesus V. Samson averred that on January 8, 1951, he flew as co-pilot on a regular flight from Manila to
Legaspi with stops at Daet, Camarines Norte and Camarines Sur, with Captain Bustamante as commanding pilot of a PAL C-47
plane.

On attempting to land the plane at Daet airport, Captain Bustamante due to his very slow reaction and poor judgment overshot the
airfield and as a result, notwithstanding the diligent efforts of the Samson to avert an accident, the airplane crash-landed beyond
the runway; that the jolt caused the head of the plaintiff to hit and break through the thick front windshield of the airplane causing
him severe brain concussion, wounds and abrasions on the forehead with intense pain.

Instead of expert and proper medical treatment called for by the nature and severity of his injuries, PAL simply referred him to a
company physician, a general medical practitioner, who limited the treatment to the exterior injuries without examining the
severe brain concussion.

Several days after the accident, PAL called back Samson to active duty as co-pilot, and was never given any examination. He had
been having periodic dizzy spells and had been suffering from general debility and nervousness.

Samson, then, was discharged from duty on the grounds of physical disability causing him to lose his job and become physically
unfit to continue as aviator due to PAL’s negligence in not giving him the proper medical attention.

ISSUE: WON PAL exercised utmost diligence required of them as a common carriage.

RULING: NO. There was gross negligence by PAL for allowing Captain Bustamante to fly on the fateful day of the accident,
even if he was sick, having tumor on his nose.

Petitioner is a common carrier engaged in the business of carrying or transporting passengers or goods or both, by land, water, or
air, for compensation, offering their services to the public, as defined in Art. 1732, New Civil Code. The law is clear in requiring
a common carrier to exercise the highest degree of care in the discharge of its duty and business of carriage and transportation
under Arts. 1733, 1755 and 1756 of the New Civil Code.

The duty to exercise the utmost diligence on the part of common carriers is for the safety of passengers as well as for the
members of the crew or the complement operating the carrier, the airplane in the case at bar. And this must be so for any
omission, lapse or neglect thereof will certainly result to the damage, prejudice, nay injuries and even death to all aboard the
plane, passengers and crew members alike.