Friday, September 05, 2008 Seares: ‘Low value of life’ By Pachico A. Seares News Sense
NEWS reporter Karlon N. Rama's story in yesterday's Sun.Star about the complaint of a lawyer isn't the usual lament.
Lawyers often gripe about "measly" damages awarded in lawsuits they handle. But Atty. Cezar Tabotabo's grievance offers something else besides impact on legal fees.
Ten years ago, his client Geraldine Ocampo and her two children sailed on the mv Princess of the Orient from Manila for a Cebu reunion with a sister, a returnee from the U.S.
As ill-fated as mv Princess of the Stars this year, the Orient Princess sank. Geraldine survived but lost her two children.
RTC awarded her P3 million moral damages but only P50,000 indemnity for each child. Heirs of another victim, who had a big income, will get bulk of P23 million the class suit brought.
Formula
The formula the court follows in fixing the price of human life is based on loss of income. Removed from the cold equation is value of the dead to his loved ones, how he filled their lives, and how large the void he left.
Atty. Cezar deplored that the emotional value of the loss to the victim's heirs isn't adequately measured. Was one's child worth only P50,000? Children victims, along with jobless persons, earning nothing, fetch low indemnity.
What courts find tough to quantify are supposed to be covered by moral and exemplary damages. But our judges still have to learn from U.S. juries in computing cost of terrible grief.
But here's something worrisome for Atty. Cezar: With the appeal, how many years more will it take before he and his client can see the color of Sulpicio money?
