that might be suffered by the passenger is right away attributable to the fault or
negligence of the carrier and thus gives rise to the right of the passenger or his
heirs for indemnity.[27]
In the same breadth, the employer shall be liable for the death or personal injury of
its employees in the course of employment as sanctioned by Article 1711 of the
New Civil Code. The liability of the employer for death or personal injury of his
employees arose from the contract of employment entered into between the
employer and his employee which is likewise imbued with public interest.
[28]
Accordingly, when the employee died or was injured in the occasion of
employment, the obligation of the employer for indemnity, automatically
attaches. The indemnity may partake of the form of actual, moral, nominal,
temperate, liquidated or exemplary damages, as the case may be depending on the
factual milieu of the case and considering the criterion for the award of these
damages as outlined by our jurisprudence.[29] In the case at bar, only the award of
actual damages, specifically the award for unearned income is warranted by the
circumstances since it has been duly proven that the cause of death
of Melquiades is a fortuitous event for which Candano Shipping cannot be faulted.
The formula for the computation of unearned income is:
Net Earning Capacity = life expectancy x (gross annual income - reasonable and
necessary living expenses).
Life expectancy is determined in accordance with the formula:
2 / 3 x [80 age of deceased at the time of death]
Jurisprudence provides that the first factor, i.e., life expectancy, shall be
computed by applying the formula (2/3 x [80 - age at death]) adopted in the
American Expectancy Table of Mortality or the Actuarial of Combined Experience
Table of Mortality.[30]
In the computation of the second factor, it is computed by multiplying the
life expectancy by the net earnings of the deceased, i.e., the total earnings less