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PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JORIE WAHIMAN Y RAYOS, ACCUSED-APPELLANT. [CONCURRING OPINION LEONEN, J.]

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JORIE WAHIMAN Y RAYOS, ACCUSED-APPELLANT. [CONCURRING OPINION LEONEN, J.]

G.R. No. 200942 | 2015-06-16


CONCURRING OPINION

LEONEN, J.:
 
I concur with the ponenciabut I write separately to state further my reasons for the grant of an award for loss of earning capacity.
The prosecution presented testimonial evidence to prove the income of the deceased for an award of loss of earning capacity and met the requisite quantum of evidence, preponderance of evidence, for civil actions. Allowing testimonial evidence to prove loss of earning capacity is more consistent to the nature of civil actions, as opposed to the previous doctrine that requires claims for loss of earning capacity to be proven through documentary evidence.

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Under Article 100 of...