Photo from Unsplash | Aubrey Odom
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Lack of documentary evidence is not fatal to a claim for the deceased’s lost earning capacity. Testimony from a competent witness familiar with his salary is a sufficient basis to determine the deceased’s income before his death. (Vivian Torreon v. Generoso Aparra, Jr., G.R. No. 188493, December 13, 2017)
Damages for loss or impairment of earning capacity is in the nature of actual damages. – As a rule, evidence should be presented to substantiate the claim for damages for loss of earning capacity. By way of exception, damages for loss or impairment of earning capacity may be awarded despite absence of documentary evidence when:
(1) the deceased or the injured was 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 was employed as a daily worker earning less than the minimum wage under current labor laws. (Spouses Estrada v. Philippine Rabbit Bus Lines, Inc., G.R. No. 203902, July 19, 2017)
Loss or impairment of earning capacity finds support under the Civil Code which provides that:
Article 2205. Damages may be recovered:
(1) For loss or impairment of earning capacity in cases of temporary or permanent personal injury;
(2) For injury to the plaintiff’s business standing or commercial credit.
Actual or compensatory damages are those awarded in order to compensate a party for an injury or loss he suffered. They arise out of a sense of natural justice, aimed at repairing the wrong done. To be recoverable, they must be duly proved with a reasonable degree of certainty. A court cannot rely on speculation, conjecture, or guesswork as to the fact and amount of damages, but must depend upon competent proof that they have suffered, and on evidence of the actual amount thereof.
According to the Supreme Court in the case of Vivian Torreon v. Generoso Aparra, Jr. (G.R. No. 188493, December 13, 2017), nothing in the Rules of Court require that only documentary evidence is allowed in civil cases. All that is required is the satisfaction of the quantum of evidence, that is, preponderance of evidence. In addition, the Civil Code does not prohibit a claim for loss of earning capacity on the basis that is not proven by documentary evidence as testimonial evidence (if not questioned for credibility) bears the same weight as documentary evidence.
Jurisprudence says:
Lack of documentary evidence is not fatal to a claim for the deceased’s lost earning capacity. Testimony from a competent witness familiar with his salary is a sufficient basis to determine the deceased’s income before his death.
Failure to present documentary evidence to support a claim for loss of earning capacity of the deceased need not be fatal to its cause. Testimonial evidence suffices to establish a basis for which the court can make a fair and reasonable estimate of the loss of earning capacity.
Related Article/s:
Click here to subscribe to our newsletter
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
All rights reserved.