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Concepcion, CJ
FACTS:
PET is assailing the fact that the damages awarded will have to be paid
upon finality of the decision when what is being sought to be
indemnified will be suffered years later
o SC: This is true and that is why Alcantara points out an absence of a
fixed basis. It is also offset by the fact that the liability of the PET had
been fixed at the rate of P2,184/year which is the annual salary of
Quintos at the time of his death, as a young training asst in the
Bacnotan Cement Industries Inc
Determination of losses
o To the heirs: not the full amount of his earnings but of the support they
would have received had he not died
Earning capacity = net earning capacity necessary expenses
for deceaseds own living OR
Earning capacity = total of the earnings expenses necessary in
the creation of those earnings living and incidental expenses
THUS,
o Court fixed deceaseds expenses at P1,184 leaving P1,000 a year,
which amounts to P33,333.33 for his 33 1/3 years of life expectancy
Following should be added:
Pursuant to Art 104 and 107 RPC: P12,000
Medical and burial expenses: P1,727.95
Attorneys fees: P2,500
o Total of P49, 561.28
o