Dear PAO,
My wife was fatally hit by a fast-moving motorbike rider while she was crossing the street. She passed away in the hospital due to the horrific injuries she sustained. I am seeking damages for the loss of her future earnings because she was our family’s main provider. However, important records that could support my claim, such as pay slips, have been destroyed by recent typhoons. Is there any other way to claim such damages?
Mr. Lagdamin

Dear Mr. Lagdamin,
Testimonial evidence is allowed to prove loss of earning capacity.

“In civil cases, [you are] only required to establish [your] claim by a preponderance of evidence. Allowing testimonial evidence to prove loss of earning capacity is consistent with the nature of civil actions” (Vivian B. Torreon and Felomina F. Abellana vs. Generoso Aparra, Jr., Felix Caballes, and Carmelo Simolde, GR 188493, Dec. 13, 2017, penned by Associate Justice Marvic MVF Leonen). “Preponderance of evidence” means evidence which is of greater weight, or more convincing than that which is offered in opposition to it. (Sps. Arturo Condes and Nora Condes vs. The Court of Appeals, GR 161304, July 27, 2007, penned by Associate Justice Antonio Nachura)
The Court, in one case (Ernesto Pleyto v. Lomboy, GR 148737, June 16, 2004, penned by Associate Justice Leonardo Quisumbing), has accepted the testimony of the deceased’s widow as basis to estimate his earning capacity. In said case, the Supreme Court declared that the failure to present documentary evidence to support a claim for loss of earning capacity of the deceased need not be fatal to its cause. Testimonial evidence suffices to establish a basis for which the court can make a fair and reasonable estimate of the loss of earning capacity. Hence, the testimony of the widow of the deceased is sufficient to establish a basis for an estimate of damages for loss of earning capacity.

In Philippine Airlines, Inc. v. Court of Appeals (GR 54470, May 8, 1990, penned by Associate Justice Carolina Griño-Aquino), the Court also accepted testimony from co-workers of the deceased to establish his income before his death. In said case, the manager and auditor of Allied Overseas Trading Company and Padilla Shipping Company were held to be competent to testify on matters within their personal knowledge because of their positions, such as the income and salary of the deceased. The Court stated that the payrolls of the companies and the decedent’s income tax returns could, it is true, have constituted the best evidence of his salaries, but there is no rule disqualifying competent officers of the corporation from testifying on the compensation of the deceased as an officer of the same corporation.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]