Spouses Abrogar vs. Cosmos Bottling Corporation, G.R. No.

164749, March 15, 2017

Facts: This case involves a claim for damages arising from negligence caused by the
death of Rommel Abrogar, a participant in a mini-marathon sponsored by Cosmos
Bottling Company and organized by Intergames, Inc. held in batasang Pambansa up to
Quezon city memorial circle but unfortunately hit by a jeepney along Don Mariano
Marcos Highway and later died in Ospital ng Bagong Lipunan.
Issue: 1. Whether or not Intergames, Inc. is liable for damages on the death of
the victim.
2. Whether or not the appellant Abrogar is entitled to a “loss of earning capacity”
of their son Rommel even if he is not already working.

Ruling: Yes, Intergames, Inc. is held liable and solely liable for negligence, because the
sponsorship of Cosmos was limited to financing the race, Cosmos did not do anything
beyond that and did not involve itself in the preparation of the race. 2. Yes, Abrogar is
entitled to loss of earning capacity even though he is still not working. The basis for the
computation of earning capacity is not what he would have become or what he would
have wanted to be if not for his untimely death, but the minimum wage in effect at the
time of his death. The petitioners sufficiently showed that Rommel was, at the time of
his untimely but much-lamented death, able-bodied, in good physical and mental state,
and a student in good standing. It should be reasonable to assume that Rommel would
have finished his schooling and would turn out to be a useful and productive person
had he not died. Under the foregoing jurisprudence, the petitioners should be
compensated for losing Rommel’s power or ability to earn. The basis for the
computation of earning capacity is not what he would have become or what he would
be Life Expectancy Formula; Life expectancy is equivalent to two-thirds (2/3) multiplied
by the difference of eighty (80) and the age of the deceased. Life expectancy is
equivalent to 2/3 multiplied by the difference of 80 and the age of the deceased. Since
Rommel was 18 years of age at the time of his death, his life expectancy was 41 years.
His projected gross annual income, computed based on the minimum wage for workers
in the nonagricultural sector in effect at the time of his death, then fixed at P14.00/day,
is P5,535.83. Allowing for necessary living expenses of 50% of his projected gross
annual income, his total net earning capacity is P113,484.52.