This case has been cited 2 times or more.
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2003-05-08 |
QUISUMBING, J. |
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| Net earning capacity = 2/3 x (80-35) x [P108,000 ½ (P108,000)] = 2/3 x (45) x P54,000 = 35.33 x P54,000 = P1, 620,000 We delete the twenty five thousand peso-award for actual expenses in the absence of requisite proof,[37] but in lieu thereof, P10,000 is awarded as nominal damages.[38] As for moral damages, pursuant to current jurisprudence, the amount should be increased to P50,000.[39] The award of P50,000 as death indemnity to the heirs of the deceased is retained as well as the award of P20,000 as exemplary damages, which we find to be sufficient and justified by the presence of the qualifying circumstance of treachery. | |||||
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2001-02-01 |
BELLOSILLO, J. |
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| As to the award of damages for loss of earning capacity, Erlinda testified that her husband Tomas was earning P600.00 a week prior to his death.[9] She however failed to produce evidence to substantiate her claim. Nonetheless, Art. 2206 of the Civil Code provides, "the defendant shall be liable for the loss of the earning capacity of the deceased, and the indemnity shall be paid to the heirs of the latter x x x unless the deceased on account of permanent disability not caused by the defendant had no earning capacity at the time of his death." In the present case, as there is no indication that the deceased had no earning capacity at the time of his death due to a permanent physical disability, we are inclined to give credit to Erlinda's testimony. Based on her computation, Tomas was earning an annual income of P28,800.00 counted at the rate of P600.00 a week for forty-eight (48) weeks. To this amount would be deducted his necessary and incidental expenses estimated at fifty percent (50%), leaving a balance of P14,400.00.[10] His net annual income would then be multiplied by his life expectancy using the following formula: 2/3 x 80 - 40 (age of the victim at time of death).[11] Tomas can therefore be said to have a life expectancy of twenty-six (26) years. All taken, an award of P374,400.00 for loss of earning capacity is just and proper. | |||||