VS. HEIRS OF SABINIANO INGUITO, AND JULIUS OUANO.

Ruling

WHEREFORE, PREMISES CONSIDERED, judgment is hereby rendered: 1. Declaring defendant San Miguel Corporation and its acts or omissions as having produced the proximate cause which resulted in the death of the crew members of MN Doña Roberta at past midnight of November 12, 1990 during the height of super typhoon Ruping and as such said defendant is hereby ordered and sentenced to pay to the heirs of the deceased crew members the following sum[s] plus 12% per annum from the filing of the Complaint: A. For loss of life. . . . . . . P50,000.00 each of the deceased crew members, namely: Sabiniano Inguito Felipe Pusa, Abundio Galon, Isidro Celetaria, Henry Cabigas, Pedro Abayon, Simeon Asentista, Norman Loon, Leonardo Presbitero, Renato Suscano, Antonio Du, George Basilgo, Isagani Dayondon; B. For loss of earnings based on life expectancy less 50% representing estimated living expenses except for the apprentices as they were presumed at the time of their deaths to be dependent on their parents: Name Total loss of earnings 1. Sabiniano, Inguito (sic) P1,740,000 ( 50% x P3,480,000) 2. Pusa, Felipe P 1,200,000 (50% x P2,400,000) 3. Galon, Abundio P 825,000 (50% x P 1,650,000) 4. Celetaria, Isidro P 600,000 (50% x P1,200,000) 5. Cabigas, Henry P 930,000 (50% x P 1,860,000) 6. Abayon, Pedro P 660,000 (50% x P 1,320,000) 7. Asentista, Simeon P 500,000 (50% x P1,000,000) 8. Loon, Norman P 550,000 (50% x P 1,100,000) 9. Presbitero, Leonardo P 460,000 (50% x P 920,000) 10. Suscano, Renato P 460,000 (50% x P 920,000) 11. Du, Antonio P 480,000 (50% x P 960,000) 12. Basilgo, George P 120,000 (Apprentice) 13. Dayondon, Isagani P 120,000 (Ditto) --------------------------------------- Total: P8,645,000 vvvvvvvvv C. P300,000.00 for moral damages and P200,000.00 for exemplary damages for the heirs of each of the deceased crew members of the M/V Doña Roberta named in the Amended Complaint including survivor Gilbert Gonzaga; D. To pay plaintiffs counsel attorneys fees in the sum of P500,000.00; 2. Under the cross-claim of defendant, Ouano, San Miguel Corporation is further ordered and sentenced to pay defendant cross-claimant Engr. Julius C. Ouano the total sum of P32,893,300.00 plus 12% per annum from the filing of his crossclaim, broken down as follows: 1) P9.8 million for the value of the total loss of the vessel M/V Doña Roberta; 2) P1,833,300.00 for unrealized rental earnings (P3,666,600.00 less 50% for operating expenses and taxes) from November 19, 1990 to May 31, 1991 as stipulated in the Charter Party Agreement; 3) P21,000,000.00 for unrealized earnings of M/V Doña Roberta based on the expected additional lifetime of the vessel estimated at seven (7) years (42,000,000.00 less 50% for operating expenses and taxes); 4) P250,000.00 for and as attorneys fees and P 10,000.00 as expenses of litigation; 3. The counter-claims against plaintiffs and the cross-claim of defendant San Miguel Corporation against defendant Engr. Julius C. Ouano are hereby dismissed for l