G.R. No. 156302 - THE HEIRS OF GEORGE Y. POE, VS. MALAYAN INSURANCE COMPANY, INC..D E C I S I O N - Supreme Court E-Library

Ruling

Wherefore, [Rhoda and herein respondent MICI] are hereby ordered to pay jointly and solidarily to the [herein petitioners] the following: Moral damages amounting to P100,000.00; Actual damages for loss of earning capacity amounting to P805,984.00; P36,000.00 for funeral expenses; P50,000.00 as exemplary damages; P50,000.00 for attorney's fees plus P1,500 per court appearance; and Cost of suit. [19] Rhoda and respondent MICI received their copy of the foregoing RTC Decision on 14 March 2000. [20] On 22 March 2000, respondent MICI and Rhoda filed a Motion for Reconsideration [21] of said Decision, averring therein that the RTC erred in ruling that the obligation of Rhoda and respondent MICI to petitioners was solidary or joint and several; in computing George's loss of earning capacity not in accord with established jurisprudence; and in awarding moral damages although it was not buttressed by evidence. Resolving the Motion of respondent MICI and Rhoda, the RTC issued an Order [22] on 24 January 2001 modifying and amending its Decision dated 28 February 2000, and dismissing the case against respondent MICI. The RTC held that: After a careful evaluation of the issues at hand, the contention of the [herein respondent MICI] as far as the solidary liability of the insurance company with the other defendant [Rhoda] is meritorious. However, the assailed Decision can be modified or amended to correct the same honest inadvertence without necessarily reversing it and set aside to conform with the evidence on hand. The RTC also re-computed George's loss of earning capacity, as follows: The computation of actual damages for loss of earning capacity was determined by applying the formula adopted in the American Expectancy Table of Mortality or the actuarial of Combined Experience Table of Mortality applied in x x x Villa Rey Transit, Inc. v. Court of Appeals (31 SCRA 521). Moral damages is awarded in accordance with Article 2206 of the New Civil Code of the Philippines. While death indemnity in the amount of P50,000.00 is automatically awarded in cases where the victim had died ( People v. Sison , September 14, 1990 [189 SCRA 643]). [23] In the end, the RTC decreed: WHEREFORE, in view of the foregoing consideration, the Decision of this Court dated 28 February 2000 is hereby amended or modified. Said Decision should read as follows: "Wherefore, defendant Rhoda Santos is hereby ordered to pay to the [herein petitioners] the following: Moral damages amounting to P100,000.00; Actual damages for loss of earning capacity amounting to P102,106.00; P36,000.00 for funeral expenses; P50,000.00 as death indemnity; P50,000.00 for attorney's fees plus P1,500.00 per court appearance; Costs of the suit. The case against Malayan Insurance Company, Inc. is hereby dismissed." [24] It was petitioners' turn to file a Motion for Reconsideration [25] of the 24 January 2001 Order, to which respondent MICI filed a "Vigorous Opposition to the Plaintiff's Motion for Reconsideration."