This case has been cited 4 times or more.
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2004-05-27 |
QUISUMBING, J. |
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| Concerning the award of damages, however, modification is in order. The amount of P52,000.00 awarded by the trial court as actual damages must be reduced to P31,300.00, that being the amount substantiated by receipts.[64] For where actual damages may be recovered, the amount of loss must not only be capable of proof but must actually be proven with reasonable degree of certainty, premised upon competent proof or best evidence obtainable of the actual amount thereof. There must be a receipt or other document to support the claim for actual damages. [65] The civil indemnity awarded in the amount of P75,000.00 must be reduced to P50,000.00 to bring it in line with prevailing case law. [66] As to the award of moral damages, current jurisprudence fixes such award at P50,000.00 [67] and thus, the amount of P100,000.00 awarded by the trial court must be reduced accordingly. | |||||
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2004-05-27 |
QUISUMBING, J. |
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| The trial court awarded P50,000 by way of civil indemnity for the victim's death, and another P50,000 as moral damages. Since these amounts accord with prevailing case law,[43] they should be sustained. | |||||
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2003-06-10 |
AZCUNA, J. |
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| The following factors should be considered in determining the compensable amount of lost earnings: (1) the number of years for which the victim would have otherwise lived; and (2) the rate of loss sustained by the heirs of the deceased. Life expectancy is computed using the formula adopted in the American Combined Experience Table of Mortality: 2/3 x (80 - age at death). The rate of loss is arrived at by multiplying life expectancy by the net earnings of the deceased, i.e., the total earnings less expenses necessary in the creation of such earnings or income and less living and other incidental expenses. The net earning is ordinarily pegged at fifty percent of the gross earnings.[74] Evidence on record reveals that the victim died at the age of 41,[75] and that he was earning an annual gross income of P37,432 from his employment with NALCO.[76] The widow's testimony regarding the victim's income from his sideline cannot be considered for lack of the necessary unbiased proof.[77] Thus, applying the above-cited formula, appellant should pay the victim's heirs P486,616 as shown by the following computation:2/3 [80-41(age at the time of death)] = 26 (life expectancy) | |||||
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2003-04-30 |
PER CURIAM |
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| Evidence on record reveals that the heirs of Salvi are entitled to more than the P200,000 awarded for loss of earning capacity. Salvi was 30 years old at the time of her death. Eli testified that Salvi was earning approximately P1,500 a month, or P18,000 annually, and would have lived to about 80 years old.[82] Applying the formula in People v. San Pascual, et al.,[83] the heirs are entitled to P600,000 for lost income:2/3 x (80-30 [age at the time of death]) = 33.33 (life expectancy) | |||||