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Mrs. Cortejo brought her 11-year old son, Edmer, to the San Juan de Dios Hospital (SJDH) because of
difficulty in breathing, chest pain, stomach pain, and fever. Dr. Casumpang, a pediatrician, upon
examination using only a stethoscope, confirmed the diagnosis of Bronchopneumonia. Mrs. Cortejo
immediately advised Dr. Casumpang that Edmer had a high fever, and had no colds or cough but Dr.
Casumpang merely told her that her son's bloodpressure is just being active and remarked that that's the
usual bronchopneumonia, no colds, no phlegm.

Edmer vomited blood. Dr. Miranda then examined Edmer's sputum with blood and noted that he was
bleeding., Dr. Miranda conducted a tourniquet test, which turned out to be negative. Dr. Miranda then
called up Dr. Casumpang at his clinic and told him about Edmer's condition. Dr. Casumpang ordered
several procedures done. Dr. Miranda advised Edmer's parents that the blood test results showed that
Edmer was suffering from Dengue Hemorrhagic Fever. Dr. Casumpang recommended Edmers transfer
to the ICU, but since the ICU was then full, the respondent, insisted on transferring his son to Makati
Medical Center. Edmer, accompanied by his parents and by Dr. Casumpang, was transferred to Makati
Medical Center. Upon examination, the attending physician diagnosed Dengue Fever Stage IV that was
already in its irreversible stage. Edmer died

Whether Casumpang had committed inexcusable lack of precaution in diagnosing and in treating the


Casumpang failed to timely diagnose Edmer with dengue fever despite the presence of its
characteristic symptoms; and as a consequence of the delayed diagnosis, he also failed to promptly
manage Edmer's illness. Had he immediately conducted confirmatory tests, and promptly
administered the proper care and management needed for dengue fever, the risk of complications or
even death, could have been substantially reduced. That Edmer later died of Dengue Hemorrhagic
Fever Stage IV, a severe and fatal form of dengue fever, established the causal link between Dr.
Casumpang's negligence and the injury. The element of causation is successfully proven.



JESUS MUYCO and ARNULFO MUYCO, cousins, were charged with murder for the death of Romeo Boteja Jr. on 13 May 1995.
Only Jesus Muyco was apprehended while Arnulfo Muyco remains at large. On 11 September 1997 the RTC, found Jesus guilty
as charged and correspondingly sentenced him to reclusion perpetua and to pay the heirs of Romeo Boteja Jr. P30,000.00 as
death indemnity and P27,000.00 as funeral expenses.

ISSUE: Are the heirs of Romeo Boteja, Jr. entitled to claim damages for loss of earning capacity?
Yes. Supreme Court notes that the trial court failed to award damages for loss of earning capacity despite the testimony of
Leticia Boteja to this effect. Erwin Gesmundo was only 15 years old at the time of his death and was earning a daily wage of
P100.00 as a construction worker. In the instant case, the victim was nineteen (19) years old at the time of his death and
earning P1,600.00 monthly as a farm laborer. Thus, his heirs are entitled to receive an award for lost earnings.

VICTORY LINER V. GAMMAD, ET.AL., GR NO.159636, NOV. 25, 2004


Marie Grace Pagulayan-Gammad was on board an air-conditioned Victory Liner bus bound for Tuguegarao, Cagayan from
Manila. The bus while running at a high speed fell on a ravine which resulted in the death of Marie Grace and physical injuries
to other passengers. Respondent and heirs of the deceased filed a complaint for damages arising from culpa contractual against

Both trial and appellate courts rendered decision in favor of respondents


Was the award of damages proper


No.The award of damages should be modified. Article 1764 in relation to Article 2206 of the Civil Code, holds the common
carrier in breach of its contract of carriage that results in the death of a passenger liable to pay the following: (1) indemnity for
death, (2) indemnity for loss of earning capacity, and (3) moral damages.
The award of compensatory damages for the loss of the deceaseds earning capacity should be deleted for lack of basis. As a
rule, documentary evidence should be presented to substantiate the claim for damages for loss of earning capacity. By way of
exception, damages for loss of earning capacity may be awarded despite the absence of documentary evidence when (1) the
deceased is self-employed earning less than the minimum wage under current labor laws, and judicial notice may be taken of
the fact that in the deceaseds line of work no documentary evidence is available; or (2) the deceased is employed as a daily
wage worker earning less than the minimum wage under current labor laws.

Vivian Tan Lee filed before the RTC a Complaint against petitioner Philippine Hawk Corporation and defendant Margarito Avila
for damages based on quasi-delict, arising from a vehicular accident that occurred on March 17,. The accident involved a
motorcycle, a passenger jeep, and a bus. The bus was owned by petitioner Philippine Hawk Corporation, and was then being
driven by Margarito Avila. The accident resulted in the death of respondents husband, Silvino Tan, and caused respondent
physical injuries. Respondent sought the payment of indemnity for the death of Silvino Tan, moral and exemplary damages,
funeral and interment expenses, medical and hospitalization expenses, the cost of the motorcycles repair, attorneys fees, and
other just and equitable reliefs.


Were the damages awarded by the Court of Appeals proper?


No. It should be modified.

The indemnity for loss of earning capacity of the deceased is provided for by Article 2206 of the Civil Code. Compensation of
this nature is awarded not for loss of earnings, but for loss of capacity to earn money

In this case, the records show that respondents husband was leasing and operating a Caltex gasoline station in Gumaca,
Quezon. Respondent testified that her husband earned an annual income of one million pesos.

Actual damages must be substantiated by documentary evidence, such as receipts, in order to prove expenses incurred as a
result of the death of the victim or the physical injuries sustained by the victim. A review of the valid receipts submitted in
evidence showed that the funeral and related expenses amounted only to P114,948.60, while the medical expenses of
respondent amounted only to P12,244.25, yielding a total of P127,192.85 in actual damages.