Having affirmed the gross negligence of PAL in allowing
Capt. Delfin Bustamante to fly the plane to Daet on January 8, 1951 whose slow
reaction and poor judgment was the cause of the crash-landing of the plane which
resulted in private respondent Samson hitting his head against the windshield and
causing him injuries for which reason PAL terminated his services and
employment as pilot after refusing to provide him with the necessary medical
treatment of respondents periodic spells, headache and general debility produced
from said injuries, We must necessarily affirm likewise the award of damages
or compensation under the provisions of Art. 1711 and Art. 1712 of the New
Civil Code. x x x.
As early as the case of Valencia v. Manila Yacht Club, Inc.,[22] this Court, speaking
through the renowned civilist, Mr. Justice J.B.L. Reyes, made a pronouncement
that Article 1711 of the Civil Code imposes upon the employer the obligation to
compensate the employee for injury or sickness occasioned by his employment,
and thus articulated:
Appellants demand for compensation is predicated on employers
liability for the sickness of, or injury to, his employee imposed by Article
1711 of the Civil Code,which reads:
Article 1711. Owners of enterprises and other employers are obliged to
pay compensation for the death x x x.
We find the abovequoted provision to be applicable and controlling in this
case. The matter of the amount of compensation and allowable medical
expenses should be properly determined by the Municipal Court after the
parties are heard accordingly.
Given that the right of the claimant arose from the contract of employment and the
corresponding obligation imposed by the New Civil Code upon the employer to
indemnify the former for death and injury of the employee circumstanced by his
employment, necessarily, the provisions of the same code on damages shall govern
the extent of the employers liability.
The pertinent provision on damages under the New Civil Code provides: