Life expectancy = 16
With 16 more years of life expectancy and a monthly income of P7,800.00, as
evidenced by the pay slips duly presented before the RTC, Melquiades earning
capacity is computed as follows:
Net Earning Capacity = life expectancy x (gross annual income - reasonable and
necessary living expenses).
= 16 x ( P93,600.00 P 46,800.00)
= 16 x ( P 46,800.00 )
Net Earning Capacity = P 748,800.00
The argument raised by Candano Shipping that the formula for determining the life
expectancy under Villa Rey cannot be automatically applied without proof of the
basis for the expected length of life of a Filipino does not merit our
consideration. The formula for life expectancy has been repeatedly adopted in our
jurisprudence in fixing the amount of indemnity for the death of a party. This was
adopted from the American Expectancy Table of Mortality or the Actuarial of
Combined Experience Table of Mortality which was used by insurers in
determining the capital sum to be charged for annuity.[36]
Admittedly, in several cases, this Court reduced the life expectancy
multiplier considering the medical history such as when the deceased previously
underwent a major surgery[37] or when it was shown that he was treated for chest
pains, backache or occasional feeling of tiredness[38] and the fact that the deceased
has been consistently engaged in a dangerous and risky activity tending to shorten
his life.[39] Failing to prove, however, that any of these circumstances is attendant in
the case at bar, Candano Shipping cannot validly assert that the standard life
expectancy factor laid down in Villa Rey cannot be applied in this case.
Accordingly, Florentina is entitled to recover the amount of P748,800.00 as
actual damages for the death of her husband. The awards of moral and exemplary