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Can someone still claim compensation for the income the deceased would have earned if there is no written proof? | 27 December 2024

Can someone still claim compensation for the income the deceased would have earned if there is no written proof? | 27 December 2024

Actual or compensatory damages are those awarded in order to compensate a party for an injury or loss he suffered. They arise out of a sense of natural justice, aimed at repairing the wrong done. To be recoverable, they must be duly proved with a reasonable degree of certainty. A court cannot rely on speculation, conjecture, or guesswork as to the fact and amount of damages, but must depend upon competent proof that they have suffered, and on evidence of the actual amount thereof.

Alburo Law
December 27, 2024

Can someone still claim compensation for the income the deceased would have earned if there is no written proof?

Lack of documentary evidence is not fatal to a claim for the deceased’s lost earning capacity. Testimony from a competent witness familiar with his salary is a sufficient basis to determine the deceased’s income before his death. (Vivian Torreon v. Generoso Aparra, Jr., G.R. No. 188493, December 13, 2017)

The Supreme Court decides: While the Court is mindful of the challenges faced by our judges in performing their duties, it shall not hesitate to hold them accountable when they fail to do so without any acceptable reason.

In the case of Castillo vs. Asuncion, the Supreme Court fined a judge for undue delay after taking seven years to resolve a prayer for a writ of preliminary injunction holding that the constitutionally-guaranteed right of all persons to speedy disposition of cases is the cornerstone of the Judiciary.

Why choose ALBURO LAW?

Alburo Alburo & Associates Law Offices:

• Have labor law and business law as our main fields of practice. For almost a decade now, we have been helping businesses improve their productivity and profitability by helping them comply with relevant laws, rules, and regulations.

• Observe high standards of excellence.

• Always consider innovative approaches to effectively address the legal concerns of our clients, covering a wide range of industries such as food, manufacturing, chemicals, real estate, retail and wholesale trade, and services in fields such as information technology, human resources, security, training, process outsourcing and other manpower services, among many others.

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