EUITED AT THE OFFICE OF THE PRESIDENT, UNDER COMMONWEALTH ACT NO. 638 ENTERED AS SECOND-CLASS MATTER, MANILA POST OFFICE, DECENDER 29, 1306 Conrada Vda. De Abeto, Carmelo Abeto, Cecilia Abeto, Concepcion Abeto, Ma- ria Abeto, Estela Abeto, Perla Abeto, Patria Abeto and Alberto Abeto, Plain- tiffs-Appellees, vs. Philippine Air Lines, Incorporated, Defendant-Appel- Bernardo Gallego and Felix Agoncillo, Petitioners, vs. Sandiganbayan, Re- spondent Confederation of Citizens Labor Unions (CCLU) and Redson Employees and Laborers Association, Petitioners, vs. Honorable Carmelo C. Noriel, Officer- in-Charge of the Bureau of Labor Re- lations, Margarita C. Enriquez, Elec- tion Supervisor of the Ministry of Labor and Employment, Associated Jaime Pellejo and Belen C. Zaballero, Petitioners, vs. The Honorable Court of Appeals, Paterno C. Zaballero and 028914-i MGA HATOL NG KATAAS-TAASANG HUKUMAN (DECISIONS OF THE SUPREME COURT) SALVADOR B. DE GUZMAN, SUPREME COURT REPORTER [G. R. No. L-28692. July 30, 1982] FIRST DIVISION CONRADA VDA. DE ABETO, CARMELO ABETO, CECILIA ABETO, Messrs. Quijano, Arroyo & Padilla for plaintiffs-appellees. Messrs. Siquion Reyna, Montecillo & Ongsiako for defendant-appellant. APPEAL from a decision of the Court of First Instance. SYNOPSIS In an action for damages filed by appellees, the heirs of Judge Quirico Abeto who died while on board a plane of appellant which crashed at Mt. Baco, the Courf of First Instance of Iloilo rendered a decision ordering appellant to pay damages and attorney's fees based on evidence showing that the accident occured because the pilot did not follow the designated route for his flight, and that the deviation from its prescribed route was not attributable to the bad weather conditions because the weather was clear. The Supreme Court held that since it has been clearly shown that appellant's pilot did not follow the designated route for his flight, that the weather was clear, and that he made a straight flight to Manila in violation of air traffic rules, the appellant, as a common carrier who is required to observe extraordinary diligence in transporting its passengers, is presumed at fault, in the absence of a satisfactory explanation as to how the accident occurred. Judgment modified. Appellant is ordered to pay the appellees the amount adjudged by the lower court, with legal interest thereon from the finality of the judgment. SYLLABUS of the Ruling of Court 1. CIVIL LAW; COMMON CARRIERS; CONTRACT OF CARRIAGE; LIABILITY OF CARRIER THEREON.-The provisions o the Civil Code on the 028914-1 ... liability for violation of the contract of carriage are clear and explicit. Article 1733 binds common carriers, "from the nature of their business and by reasons of public policy. . . . to observe extraordinary diligence in the vigilance .. for the safety of the passengers transported by them according to all the circumstances of each case." Article 1755 establishes the standard of care required of a common carrier, which is, "to carry the passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons with due regard for all the circumstances." Article 1756 fixes the burden of proof by providing that "in case of death of or injuries to passengers, common carriers are presumed to have been at fault or to have acted negligently, unless they prove that they observed extraordinary diligence as prescribed in Articles 1733 and 1755." Lastly, Article 1757 states that "the responsibility of a common carrier for the safety of passengers * * * cannot be dispensed with or lessened by stipulation, by the posting of notices, by statements on tickets, or otherwise." 2. ID.; ID.; ID.; ID.; PRESUMPTION OF NEGLIGENCE; CASE AT BAR.— The prescribed airway of plane PI-C133 that afternoon of November 23, 1960, with Capt. de Mesa as the pilot, was Iloilo-Romblon-Manila, denominated as airway "Amber I", and the prescribed elevation of the flight was 6,000 ft. The fact is, the plane did not take the designated route because it was some 30 miles to the west when it crashed at Mt. Baco. According to defendant's witness, Ramon A. Pedroza, Administrative Assistant of the Philippine Air Lines, Inc., this tragic crash would have not happened had the pilot continued on the route indicated. And, Assistant Director Cesar Mijares of the Civil Aeronautics Administration testified that the pilot of said plane was "off course." The weather was clear and he was supposed to cross airway "Amber I" over Romblon; instead, he made a straight flight to Manila in violation of air traffic rules.. At any rate, in the absence of a satisfactory explanation of appellant as to how the accident occurred, the presumption is, it is at fault. RELOVA, J.: OPINION OF THE COURT Appeal from the decision of the Court of First Instance of Iloilo finding that defendant-appellant "did not exercise extra-ordinary diligence or prudence as far as human foresight can provide *** but on the contrary showed negligence and indifference for the safety of the passengers that it was bound to transport, ***" and for the death of Judge Quirico Abeto, defendant-appellant was ordered to pay plaintiffs, the heirs of Judge Abeto, the following: "1st-For the death of Judge Quirico Abeto, the amount of P6,000.00; "2nd-For the loss of his earning capacity, for 4.75 (4 3/4) years at the rate of P7,200.00 per annum in the amount of P34,200.00; "3rd-For moral damages in favor of the plaintiffs in the sum of P10,000.00; "4th-For actual damages in the sum of P2,000.00 minus P400.00 received under Voucher Exhibit 'H' the amount of P1,600.00; "5th-For attorney's fees, the sum of P6,000.00 and/ the total sum of P57,800.00 and; To pay the costs of this proceedings." Plaintiff's evidence shows that about 5:30 in the afternoon of November 23, 1960, Judge Quirico Abeto, with the necessary tickets, boarded the Philippine Air Lines' PI-C133 plane at the Mandurriao Airport, Iloilo City for Manila. He was listed as the No. 18 passenger in its Load Manifest (Exhibit A).. The plane which would then take two hours from Iloilo to Manila did not reach its destination and the next day there was news that the plane was missing. After three weeks, it was ascertained that the plane crashed at Mt. Baco, Province of Mindoro. All the passengers, including Judge Abeto, must have been killed instantly and their remains were scattered all over the area. Among the articles recovered on the site of the crash was a leather bag with the name "Judge Quirico Abeto." (Exhibit C.) Judge Abeto, prior to the plane crash, was a Technical Assistant in the Office of the President receiving an annual compensation of P7,200.00; and before that, had held the various positions in the government, namely: Municipal President of Iloilo; Provincial Fiscal of Antique, Negros Occidental and Cebu; Judge of the Court of First Instance of Manila, and Secretary of Justice. He was in good health before the incident even if he was already 79 years old at that time. Plaintiff-appellee Conrada Vda. de Abeto was appointed administratrix of the estate of Judge Abeto. The other plaintiffs-appellees are the children of the deceased. When they received the news of the plane crash, Mrs. Abeto was shocked and until it was ascertained that the plane had crashed three weeks after, she could not sleep and eat. She felt sick and was miserable after that. The members of the family also suffered. Personal belongings which were lost amounted to P300.00.. Burial expenses of the late judge was P1,700.00. When defendant-appellant would not hear demands for settlement of damages, plaintiff's-appellees were compelled to hire counsel for the institution and prosecution of this case. Defendant-appellant tried to prove that the plane crash at Mt. Baco was beyond the control of the pilot. The |