04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly The heirs are also entitled to damages for the loss of earning capacity of the deceased Leandro Adawan. The fact that the prosecution did not present documentary evidence to support its claim for damages for loss of earning capacity of the deceased does not preclude recovery of the damages.[46] Testimonial evidence is sufficient to establish a basis for which the court can make a fair and reasonable estimate of the damages for the loss of earning capacity.[47] Moreover, in fixing the damages for loss of earning capacity of a deceased victim, the Court can consider the nature of its occupation, his educational attainment and the state of his health at the time of his death.[48] The testimony of Adawan's father sufficiently established the basis for making such an award. It was shown that Adawan was thirty-seven (37) years old at the time of his death in 1993 and earned P4,000.00 a month as a mechanic. Hence, in accordance with the American Expectancy Table of Mortality adopted by this Court in several cases,[49] the loss of his earning capacity is to be calculated as follows: Net Earning Capacity (x) = Life Expectancy x Gross annual income living expenses (50% of gross annual income) where life expectancy = 2/3 x (80 - age of deceased [37 years]) x = 2/3 x (80 - 37) x [(P4000.00 x 12) - (P4000.00 x 12)50%] x = 2/3 x 43 x [P48,000.00 - P24,000.00] x = [2/3 x 43] x P24,000.00 x = 28.67 x P24,000.00 x = P688,080.00 Since Leandro Adawan was thirty-seven (37) years old at the time of his death, his life expectancy was 28.67 years. Considering that his average monthly income was P4,000.00, his gross annual income would be P48,000.00. Using the above formula, the victim's unearned income would thus be P688,080.00. On the other hand, the Court has no basis to award damages for Richard Lino loss of earning capacity because the prosecution failed to introduce any evidence on this matter. Civil indemnity in the amount of P50,000.00 (consistent with prevailing jurisprudence) is automatically granted to the offended party, or his/her heirs in case of the former's death, without need of further evidence other than the fact of the commission of any of the aforementioned crimes (murder, homicide, parricide and rape). Moral and exemplary damages may be separately granted in addition to indemnity. Moral damages can be awarded only upon sufficient proof that the complainant is entitled thereto in accordance with Art. 2217 of the Civil Code, while exemplary damages can be awarded if the crime is committed with one or more aggravating circumstances duly proved. The amounts thereof shall be at the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/37955 11/16