12 Robert Da Jose Vs Celerina Angeles

ROBERT DA JOSE and FRANCISCO OCAMPO, petitioner’s vs CELERINA ANGELES, EDWARD
ANGELO ANGELES and CELINE ANGELI ANGELES, respondents

GR No. 187899, October 23, 2013
This is a petitioner for review on certiorari of a decision of the Court of Appeals.
FACTS:
On December 1, 2001, a vehicular collision took place in Bulacan between a Mitsubishi Lancer registered under
the name of, and at that time driven by the late Eduardo Angeles, father of respondents, and a Nissan Patrol
registered under the name of petitioner Robert Da Jose and driven by petitioner Francisco Ocampo. Eduardo
suffered injuries but later on died. A criminal complaint for Reckless Imprudence Resulting to Homicide and
Damage to Property was filed against Francisco. The MTC declared Francisco guilty beyond reasonable doubt
of the crime charged. During the pendency of the case, respondent’s counsel sent petitioners demand letter for
the payment of damages and attorney’s fees. Failure to reach any settlement, respondents subsequently filed a
complaint for damages based on torts against Robert and Francisco. Celerina testified on the various damages
and attorney’s fees prayed for in the complaint. She said that Eduardo was earning a gross yearly income of over
P1,000,000 and was the President of Jhamec Construction Corporation from which he derived an annual salary
of more or less P300,000, and Vice-President of Classic Personnel Inc from which he received an annual
allowance of P250,000 to P300,000.
RTC rendered judgment ordering defendants Robert and Francisco to pay respondents the following:
1) P50,000.00 for the fact of death of the late Eduardo T. Angeles;
2) P500,000.00 as moral damages;
3) P50,000.00 as exemplary damages;
4) P4,830.00 for the hospitalization and P50,000.00 for the burial expenses of the aforenamed deceased;
and
5) P50,000.00 as attorney’s fees, plus the costs of suit.
Dissatisfied, both parties sought recourse from the Court of Appeals which affirms with modifications the
decision of the RTC, ordering the payment of the following damages:
1. The P500,000.00 award of moral damages is reduced to P50,000.00;
2. The award of P50,000.00 as exemplary damages is further reduced to P25,000.00;
3. P2,316,000.00 is awarded for lost earnings of the deceased Eduardo T. Angeles.
CA agreed on the negligence of Francisco and that no contributory negligence could be imputed against Eduardo.
CA reduced the award for moral and exemplary damages in line with prevailing jurisprudence. A motion for
reconsideration was filed by the petitioners but was denied by the appellate court. Hence, this petition.
ISSUE:
Whether or not the award of P2,316,000 for lost earning is supported by competent evidence.
HELD:
No. Under Article 2206 of the NCC, the heirs of the victim are entitled to indemnity for loss of earning capacity.
Compensation of this nature is awarded not for loss of earnings, but for loss of capacity to earn. The
indemnification for loss of capacity partakes of the nature of actual damages which must be duly proven by
competent proof and the best obtainable evidence thereof. Thus, as a rule, documentary evidence should be
presented to substantiate the claim for damages for loss of earning capacity. 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. The
CA itself in its assailed Decision disregarded the cash vouchers from Classic Personnel, Inc. and the Jhamec
Construction Corp due to lack of proper identification and authentication. The high court find that the same
infirmity besets the cash vouchers from Glennis Laundry Haus upon which the award for loss of earning capacity
was based. The Supreme Court granted the petition and the award for the loss of income earning capacity was set
aside. All other monetary awards were affirmed with modification in that a 6% interest rate shall be imposed.

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ROBERT DA JOSE and FRANCISCO OCAMPO, petitioner’s vs CELERINA ANGELES, EDWARD

ANGELO ANGELES and CELINE ANGELI ANGELES, respondents

This is a petitioner for review on certiorari of a decision of the Court of Appeals.

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