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    De Caliston V CA

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    Emilio Pahina
    The petitioner appealed a Court of Appeals decision that modified a trial court ruling in a wrongful death case. The trial court convicted the respondent bus driver of homicide through reckless imprudence for a fatal accident and ordered damages including P10,000 for lost pension. The appellate court removed the pension award. The Supreme Court reinstated the P10,000, finding the deceased's pension was a guaranteed income cut short by her death, making the heir entitled to compensation for one year's lost pension. The Court allowed credit for P5,000 already paid by the bus owner's insurer.

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    De Caliston V CA

    Uploaded by

    Emilio Pahina
    82 views1 page
    The petitioner appealed a Court of Appeals decision that modified a trial court ruling in a wrongful death case. The trial court convicted the respondent bus driver of homicide through reckless imprudence for a fatal accident and ordered damages including P10,000 for lost pension. The appellate court removed the pension award. The Supreme Court reinstated the P10,000, finding the deceased's pension was a guaranteed income cut short by her death, making the heir entitled to compensation for one year's lost pension. The Court allowed credit for P5,000 already paid by the bus owner's insurer.

    Original Description:

    Case Digest - Damages

    Original Title

    De Caliston v CA

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    The petitioner appealed a Court of Appeals decision that modified a trial court ruling in a wrongful death case. The trial court convicted the respondent bus driver of homicide through reckless imprudence for a fatal accident and ordered damages including P10,000 for lost pension. The appellate court removed the pension award. The Supreme Court reinstated the P10,000, finding the deceased's pension was a guaranteed income cut short by her death, making the heir entitled to compensation for one year's lost pension. The Court allowed credit for P5,000 already paid by the bus owner's insurer.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    82 views1 page

    De Caliston V CA

    Uploaded by

    Emilio Pahina
    The petitioner appealed a Court of Appeals decision that modified a trial court ruling in a wrongful death case. The trial court convicted the respondent bus driver of homicide through reckless imprudence for a fatal accident and ordered damages including P10,000 for lost pension. The appellate court removed the pension award. The Supreme Court reinstated the P10,000, finding the deceased's pension was a guaranteed income cut short by her death, making the heir entitled to compensation for one year's lost pension. The Court allowed credit for P5,000 already paid by the bus owner's insurer.

    Copyright:

    © All Rights Reserved
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    of 1

    DE CALISTON V CA

    FACTS:
    1. While driving a passenger bus in Bacolod City, private respondent Geronimo Dalmacio ran over Juana Sonza
    Vda. de Darrocha (a USVA pensioner) who died instantly, survived by her only child, Gloria Darrocha de
    Caliston, the herein petitioner.
    2. Prosecuted for homicide thru reckless imprudence, Dalmacio was convicted by the Court of First Instance of
    Negros Occidental, sentenced to imprisonment and ordered to pay the herein petitioner P15,000.00 for the
    death of the victim, P5,000.00 as moral damages, P5,000.00 for burial expenses and P10,000.00 for loss of
    pension which the deceased had failed to receive.
    3. On appeal, the former Court of Appeals modified the CFI decision by absolving Dalmacio from the payment
    of the P10,000.00 for loss of pension and credited him for the amount of P5,000.00 previously paid to the
    herein petitioner under a vehicular insurance policy obtained by the bus owner.
    4. The above modifications are now assailed in this petition for review on which the private respondent has filed
    his comment.

    ISSUE: W/N the deletion of the P10,000.00 was justified – NO

    RULING: WHEREFORE, the petition is hereby granted partially in that the P10,000.00 award for loss of pension deleted
    in the appealed Court of Appeals decision is hereby reinstated. Costs against private respondent.

    RATIO:
    The deletion of the P10,000.00 awarded for loss of pension is unjustified. Under Article 2206 of the Civil Code —

    The amount of damages for death caused by a crime or quasi-delict shall be at least three thousand pesos, even though
    there may have been mitigating circumstances. In addition:

    (1) The defendant shall be liable for the loss of the earning capacity of the deceased, and the indemnity shag be paid
    to the heirs of the latter. . .
    The pension of the decedent being a sure income that was cut short by her death for which Dalmacio was responsible,
    the surviving heir of the former is entitled to the award of P 10,000.00 which is just equivalent to the pension the
    decedent would have received for one year if she did not die.

    On the other hand, the P5,000.00 paid to the herein petitioner by the insurer of the passenger bus which figured in
    the accident may be deemed to have come from the bus owner who procured the insurance. Since the civil liability
    (ex-delicto) of the latter for the death caused by his driver is subsidiary and, at bottom, arises from the same culpa,
    the insurance proceeds should be credited in favor of the errant driver.

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