- Petitioner
- Government Service Insurance System
- Respondent
- Pacific Airways Corporation
- Citation
- G.R. No. 170414
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Carpio, J.
- Decided
- August 25, 2010
Summary
This case involves determining liability for a 1996 aircraft collision at Manila International Airport between a PAC Twin Otter and a PAL Boeing 737. PAC filed for damages against PAL and ATO, claiming negligence. The RTC and CA initially found PAL pilots and ATO controllers liable. However, the Supreme Court reversed, applying comprehensive analysis of aviation Rules of the Air which grant right of way to aircraft taking off. The Court found PAC's pilots grossly negligent for crossing an active runway without proper clearance while the Boeing 737 was on take-off roll, violating established aviation protocols. Under Civil Code Art. 2179, since PAC's negligence was the immediate and proximate cause of the collision, they cannot recover damages. Instead, PAC was ordered to pay compensatory, moral, and exemplary damages to PAL and GSIS as insurer subrogee, totaling over US$3.3 million plus Philippine peso awards.