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RELEVANT FACTS
Frias was the owner of a house and lot she acquired from Island ISSUE
Masters Realty and Development Corporation (IMRDC) by 1. What is the amount of damages recoverable by the provate
virtue of a Deed of Sale dated Nov. 16, 1990. respondents?
Frias, as the First Party, and Dra. Flora San Diego-Sison as the
Second Party, entered into a Memorandum of Agreement
(MOA) over the property with the following terms and RATIO DECIDENDI
conditions:
o The consideration is P6M. The determination of the indemnity to be awarded to the heirs
o Sison has 6 months from the date of contract’s execution of a deceased person has no fixed basis. Much is left to the
discretion of the court considering the moral and material
to notify Frias of her intention to purchase the property
with the improvements at P6.4M damages involved.
Other factors that are usually considered are: (1) pecuniary loss the support, they received or would have received from him
to plaintiff or beneficiary; (2) loss of support; (3) loss of service; had he not died in consequence of the negligence of petitioner's
(4) loss of society; (5) mental suffering of beneficiaries; and (6) agent. In fixing the amount of that support, We must reckon
medical and funeral expenses. with the "necessary expenses of his own living", which should
be deducted from his earnings. Only net earnings, not gross
Thus, life expectancy is, not only relevant, but, also, an earning, are to be considered that is, the total of the earnings
important element in fixing the amount recoverable by private less expenses necessary in the creation of such earnings or
respondents herein. Although it is not the sole element income and less living and other incidental expenses.
determinative of said amount, no cogent reason has been given
to warrant its disregard and the adoption, in the case at bar, of
a purely arbitrary standard, such as a four-year rule. In short,
the Court of Appeals has not erred in basing the computation
DISPOSITIVE
of petitioner's liability upon the life expectancy of Policronio
Quintos, Jr. WHEREFORE, Court of Appeals decision is hereby affirmed