CIVIL LAW > XII. DAMAGES > C. DAMAGES IN CASE OF DEATH
Under Philippine law, the award of damages in case of death is governed by the Civil Code of the Philippines and relevant jurisprudence. Damages in case of death are intended to compensate the heirs of the deceased for the financial, emotional, and moral losses they suffer due to the untimely death. Below is a meticulous breakdown of the types of damages that may be awarded, the legal basis, and the guiding principles.
I. LEGAL BASIS
Civil Code Provisions
- Article 2206: Provides for the damages that may be awarded in case of death.
- Articles 2176 to 2194: Govern quasi-delicts when death results from negligence or fault.
- Article 100 of the Revised Penal Code: Governs the civil liability arising from a criminal act resulting in death.
Relevant Jurisprudence
- Case law interprets the application of damages in wrongful death cases, especially in delineating the specific kinds of damages and their proper computation.
II. KINDS OF DAMAGES
Indemnity for Death (Article 2206)
- Fixed Amount: The Civil Code mandates a fixed amount of ₱50,000 as indemnity for the death of the victim.
- Jurisprudential Increase: Courts have raised this amount through jurisprudence, with the current prevailing amount generally at ₱100,000 or more, depending on recent rulings.
- Fixed Amount: The Civil Code mandates a fixed amount of ₱50,000 as indemnity for the death of the victim.
Moral Damages (Article 2206)
- Awarded to the heirs for the mental anguish and emotional suffering caused by the death.
- No fixed amount is provided; the amount is discretionary, based on the circumstances of the case and the pain suffered by the heirs.
Compensatory Damages (Actual Damages)
- Covers funeral expenses, hospital bills, and other expenses directly related to the death, provided they are supported by receipts or evidence.
- Includes the loss of earning capacity of the deceased, especially when the victim was the breadwinner:
- Formula for Loss of Earning Capacity:
[
\text{Net Earning Capacity (NEC)} = [\text{Gross Annual Income} - \text{Reasonable Living Expenses (50% of Gross)]} \times \text{Work-Life Expectancy}
]
- Work-Life Expectancy is generally determined using 65 years as the retirement age, subtracting the age of the deceased at the time of death.
- Formula for Loss of Earning Capacity:
[
\text{Net Earning Capacity (NEC)} = [\text{Gross Annual Income} - \text{Reasonable Living Expenses (50% of Gross)]} \times \text{Work-Life Expectancy}
]
Exemplary Damages (Article 2231)
- Awarded when the death is attended by aggravating circumstances (e.g., intentional harm, gross negligence).
- Intended as a deterrent to reprehensible conduct.
Nominal Damages
- Awarded when a legal right of the deceased or their heirs is violated, but no substantial injury results.
Temperate Damages
- Awarded when the exact value of expenses or losses cannot be proven but it is reasonable to assume that some losses were incurred.
Attorney’s Fees (Article 2208)
- May be awarded if the heirs were compelled to litigate to recover damages.
Interest on Damages
- Legal Interest: Imposed on all monetary awards for damages at a rate of 6% per annum, calculated from the time of judgment until full payment.
III. REQUIREMENTS FOR RECOVERY
- Proof of Death
- Death certificate or equivalent evidence.
- Proof of Expenses
- Receipts and documentation for hospital and funeral expenses.
- Proof of Earnings
- Documentary evidence of income, such as employment contracts, pay slips, or business records.
IV. APPLICABLE CASES
Death Due to a Quasi-Delict (Article 2176)
- Requires proof of negligence or fault resulting in death.
- Principle of vicarious liability may apply, holding employers or other persons liable.
Death Arising from a Criminal Act
- Civil liability attaches to the offender, with the criminal conviction serving as a basis for awarding damages.
- Heirs may proceed with an independent civil action for damages.
Death in Breach of Contract (Article 1170)
- When death occurs due to the breach of contractual obligations (e.g., transportation contracts), damages may be recovered under Articles 1170 and 2201 of the Civil Code.
V. JURISPRUDENCE ON DAMAGES IN DEATH CASES
- People v. Combate (2022): Clarified the higher indemnity of ₱100,000 as a standard for death indemnity.
- Sps. Cariaga v. Cebu United Enterprises Corp. (2015): Reiterated the requirement of proof for actual damages and the formula for loss of earning capacity.
- Manila Electric Company v. Remoquillo (2020): Held that moral damages are discretionary and depend on the severity of emotional distress.
VI. COMPUTATION EXAMPLES
- Fixed Indemnity: ₱100,000
- Loss of Earning Capacity:
- Gross Annual Income: ₱300,000
- Reasonable Living Expenses: ₱150,000
- Work-Life Expectancy: 40 years (65 - 25 years of age at death)
- NEC = (₱300,000 - ₱150,000) × 40 = ₱6,000,000
- Funeral and Hospital Expenses: ₱200,000 (supported by receipts)
- Moral Damages: ₱200,000
- Total: ₱6,500,000 + ₱100,000 + ₱200,000 = ₱6,800,000
VII. DEFENSES AGAINST CLAIMS
- Contributory Negligence (Article 2179)
- Reduces liability when the deceased was partially at fault.
- Force Majeure (Article 1174)
- No liability for deaths caused by unforeseeable events or acts of God.
- Waiver or Release
- Agreements absolving liability may be valid if they do not contravene public policy.
VIII. CONCLUSION
Damages in case of death are a crucial aspect of civil law, balancing compensation for loss and justice for the aggrieved. Proper documentation, adherence to legal standards, and competent representation are essential for the successful recovery of these damages.