SC raises compensation for wrongful deaths

THE Supreme Court (SC) increased the monetary compensation for wrongful deaths, as it affirmed an earlier ruling that found a university solidarily liable for the tragic death of a student during a campus event.

In a 46-page decision made public on Thursday, the High Court en banc denied the petition for review filed by a university and its officials, affirming their liability for the 2006 death of 16-year-old Cheryl Sarate in a fire incident during a school pageant.

Senior Associate Justice Marvic M.V.F. Leonen, who penned the ruling noted that under Articles 218 and 219 of the Family Code, schools and their teachers exercise special parental authority over students under their custody.

In a landmark adjustment of Philippine jurisprudence, the tribunal increased the minimum civil indemnity for wrongful death to P300,000. The tribunal observed that the previous P50,000 standard, set 28 years ago, no longer carries sufficient economic weight due to inflation.

“In this light, the Court deems it proper to increase the award of civil indemnity for wrongful death to PHP 300,000.00, not by reason of the unpassed legislative proposals, but pursuant to the Court’s established authority to modify and update the amounts of damages in accordance with prevailing circumstances,” part of the decision read.

“The adjustment to PHP 300,000.00 thus finds firm basis in the Court’s own jurisprudence, which recognizes that compensation accorded for the wrongful loss of life must evolve with time, inflation, and the realities of modern society,” the tribunal added.

It went on to declare that, absent legislation, the amount should be recomputed automatically every five years in the interest of substantial justice.

The high tribunal also increased moral damages to P5 million from P500,000, saying the lower amount did not sufficiently account for the gravity of the parents’ suffering.

Exemplary damages were raised to P1 million from P200,000 because of what the SC characterized as gross negligence on the part of the university and the faculty involved.

Attorney’s fees were fixed at P150,000 instead of retaining the trial court’s 20% formula, which the SC said would no longer be reasonable once the damages were increased.

The entire award will earn 6% annual interest from the finality of the decision until full payment.

The university earlier argued that there was no evidence to establish the beauty pageant was an authorized university activity.

The High Court, however, found that the university, faculty members, and event organizers failed to adopt adequate fire safety measures and did not properly supervise the activity despite the obvious risks created by open flames and combustible costume materials.

The SC described the circumstances as showing “collective negligence” that made the institution and its officials answerable for the student’s death. — Erika Mae P. Sinaking