The award for actual damages amounting to P988,400.00 was computed by
the lower court by adopting the formula in the computation of loss of earning
capacity enunciated in the case of Villa Rey Transit, Inc. v. Court of Appeals,
[12]
wherein the annual expenses of the deceased are deducted from his gross annual
income and multiplied by life expectancy (gross annual income annual expense x
life expectancy).[13]
The Motion for Reconsideration interposed by Candano Shipping was denied by
the RTC for lack of cogent reason to disturb or reconsider its decision.[14]
Aggrieved, Candano Shipping elevated the adverse RTC decision to the Court of
Appeals, which in turn, affirmed with modification the judgment of the lower
court.The award for actual damages was reduced from P998,400.00
to P608,400.00, while the awards for moral and exemplary damages including
attorneys fees were deleted for lack of sufficient basis for their allowance.[15]
In arriving at the sum of P608,400.00, the appellate court applied the
standard prescribed by Article 194 of the Labor Code of the Philippines, as
amended, to wit:
ART. 194. DEATH. (a) Under such regulations as the Commission may approve,
the System shall pay to the primary beneficiaries upon the death of the covered
employee under this Title an amount equivalent to his monthly income benefit,
plus ten percent thereof for each dependent child, but not exceeding five,
beginning with the youngest and without substitution, except as provided for in
paragraph (j) of Article 167 hereof; Provided, however, That the monthly income
benefit shall be guaranteed for five years: Provided, further, That if he has no
primary beneficiary, the System shall pay to his secondary beneficiaries the
monthly income benefit not to exceed sixty months; Provided, finally, That the
minimum monthly death benefit shall not be less that fifteen thousand pesos.
In a Resolution[16] issued on 1 April 2004, the Court of Appeals denied the Motion
for Reconsideration filed by Candano Shipping for failure to offer any justifiable
ground to modify, reverse or reconsider the questioned decision.