This case has been cited 3 times or more.
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2016-01-18 |
PERALTA, J. |
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| However, the Court is constrained to disallow the award of P4,398,000.00 as compensation for loss of earning capacity for insufficiency of evidence. The rule is that documentary evidence should be presented to substantiate a claim for loss of earning capacity.[50] By way of exception, damages for loss of earning capacity may be awarded despite the absence of documentary evidence when: (1) the deceased is self-employed and earning less than the minimum wage under current labor laws, in which case, judicial notice may be taken of the fact that in the deceased's line of work, no documentary evidence is available; or (2) the deceased is employed as a daily wage worker earning less than the minimum wage under current labor laws.[51] None of such exceptions was shown to obtain in this case. | |||||
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2015-09-21 |
PERALTA, J. |
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| Lastly, the CA correctly ordered the award of P25,000.00 as temperate damages and P30,000.00 as exemplary damages. An award of temperate damages in lieu of actual damages is warranted because it is reasonable to presume that when death occurs, the family of the victim suffered pecuniary loss for the wake and funeral of the victim although the exact amount was not shown. Also, the award of exemplary damages is proper considering the attendance of treachery or alevosia that qualified the killing to murder.[13] However, the awards of civil indemnity and moral damages should be reduced to P50,000.00 each.[14] Further, consistent with present jurisprudence, the legal rate of 6% per annum is imposed on all monetary awards from date of finality of this Decision until fully paid.[15] | |||||
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2013-09-18 |
DEL CASTILLO, J. |
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| Net Earning Capacity = Life expectancy x Gross Annual Income Living Expenses = [2/3 (80-age of death)] x (GAI) 50% of GAI)[55] the loss of earning capacity of the victim who died at the age of 31 would be P1,445,990.00 computed as: 2/3 x (80-31) x (P88,530.00 P44,265.00). | |||||