Commercial Law,  Legally Yours

De Caliston v. Court of Appeals

Commercial Law. Transportation. Actions for Damages.
De Caliston v. Court of Appeals
G.R. No. L-63135, June 24, 1983
Plana, J.

FACTS:
Private respondent Geronimo Dalmacio ran over Juana Sonza Vda. de Darrocha, a USVA pensioner, survived by her only child, Gloria Garrocha de Caliston, herein petitioner.  Private respondent Dalamcio was prosecuted for and convicted of homicide through reckless imprudence. On appeal, the Court of Appeals absolved Dalmacio from the payment of P10,000 for the loss of pension.

ISSUE:
Whether or not the deletion of the P10,000 award for the loss of pension is proper.

HELD:
NO, the deletion of the P10,000 award for loss of pension is unjustified. The pension of the decedent being a sure income was cut short by her death. The surviving heir of the decedent is entitled to the award of P10,000 which is a just equivalent to the pension the decedent would have received for one year if she did not die.

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