04 Quiz 1
04 Quiz 1
04 Quiz 1
Question: Is the incident onboard the airplane Flight Fokker “Friendship” PIC-536 considered force
majeure, which exempts Philippine Airlines from liability? Support your answer.
Yes, the hijacking in question is an example of force majeure. A bold display of force and
aggression is not how hijackers enter an aircraft. When the passenger plane is flying in the direction of the
Himalayas and ill-advised heroic actions by either crew or passengers would send the multimillion-peso
aircraft and the valuable lives of all its occupants into some of these death and misery, this is when
modern hijackers hope to demonstrate the unstoppable force amounting to force majeure.
Philippine Airlines is immune from liability under Article 1163, which states that anyone who is
obligated to give something is also obligated to look after it. with the diligence appropriate to a good
father of a family, unless the law or the parties' agreement requires a different standard of care. In short,
because they are public transportation, even if they do not have a contract with the passengers, they are
still required to meet certain requirements, including safely transporting their passengers to their
destinations. the fact that the evidence failed indicates a lack of diligence on the part of Philippine
Airlines.
In other words, it hasn’t violated applicable regulations or universally accepted and followed
hijacking prevention procedures, taking into account the facts of the case.