Posts

Showing posts from January, 2025

Case Digest: PAL vs. CA, G.R. No. L-54470, May 8, 1990

Torts and Damages | Damages Recit Ver: On November 23, 1960, Philippine Airlines (PAL) Flight No. 26, a DC-3 aircraft, crashed on Mt. Baco, Mindoro, killing all 33 persons on board. Among the fatalities was Atty. Nicanor Padilla , 29 years old, single, and the sole legal heir of his mother, Natividad A. Vda. de Padilla . Mrs. Padilla filed a complaint against PAL, demanding damages. Testimonies and evidence showed that Nicanor was earning an annual salary of ₱23,100 from his roles as President of Padilla Shipping Company, Vice President of Allied Overseas Trading Company, and a legal assistant at Padilla Law Office. Trial Court: ₱477,000 for loss of earning capacity, ₱10,000 in moral damages  ₱10,000 in attorney's fees, and costs. CA:  Affirmed the decision in toto. Whether the awarded indemnity for loss of earnings should be computed based on the life expectancy of the deceased or that of his beneficiary. Life Expectancy Basis : Under Articles 1764 and 2206(1) of the Civil...