Short answer. The family can claim several kinds of damages from the carrier. Because a passenger's death breaks the carrier's contract of safe carriage, Article 1764 applies the death-damages rules, so the heirs may recover a fixed indemnity for the death, the deceased's lost earning capacity, and moral damages for their own mental anguish.
What the law says
Article 2206 shall also apply to the death of a passenger caused by the breach of contract by a common carrier.
Civil Code, Article 1764 — Damages and Death of a Passenger. Read the full provision →
What the law says
The defendant shall be liable for the loss of the earning capacity of the deceased, and the indemnity shall be paid to the heirs of the latter
Civil Code, Article 2206 — Damages for Death. Read the full provision →
What the law says
The spouse, legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by reason of the death of the deceased.
Civil Code, Article 2206 — Damages for Death. Read the full provision →
Why the carrier answers under Article 1764
When you buy a ride from a common carrier — a bus, jeepney, taxi, ferry or airline — the law reads into that ticket a promise to carry you safely to your destination. If a passenger dies in the crash, that promise is broken, and the carrier is liable for breach of its contract of carriage. The family does not have to prove the carrier was negligent to begin with; the law starts from the carrier being answerable and leaves it to the carrier to show a valid excuse.
The heads of recovery
Three main claims open up, and they are cumulative rather than a choice. First, a fixed indemnity for the death itself, which a court awards simply because a life was lost, without proof of a specific peso loss. Second, the loss of the deceased's earning capacity — the income the family was deprived of, computed from the person's age, health and earnings at the time of death. Third, moral damages, because the spouse and the legitimate and illegitimate descendants and ascendants may demand them for their mental anguish. Depending on the facts, exemplary damages and attorney's fees may be added where the carrier's conduct was reckless. The family does not have to pick one head over another.
The indemnity and the lost earnings
The indemnity for death and the award for lost earning capacity are the heart of most claims. The Civil Code sets only a floor for the death indemnity, and courts today award far more than that old minimum; the point of the floor is that some indemnity is due in every case, even though there may have been mitigating circumstances. Lost earning capacity is usually the largest item where the deceased was a breadwinner, because it projects the net income the family would have received across the person's remaining working life. Where the deceased had no earning capacity through a permanent disability not caused by the carrier, that particular item may not apply, but the others still can.
Who can claim, and what this does not settle
Not everyone affected is an heir, and the law makes room for that. A person the deceased was legally bound to support, who is not among the heirs called to the inheritance, may in a proper case demand support from the party who caused the death, for a limited period the court fixes. Beyond that, Article 1764 does not itself set peso amounts, deadlines, or which court to sue in; those come from other rules and from the specific facts, including any insurance in play. It also does not decide who was at fault in a multi-vehicle crash, which can shift or share liability. Bring the ticket, the death certificate and proof of the deceased's earnings to counsel early.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Fortune Express, Inc. vs. Court of Appeals, et. al, G.R. No. 119756, March 18, 1999 — read the decision on LawPhil →
- Marito T. Bernales vs. Northwest Airlines, G.R. No. 182395, October 5, 2015 — read the decision on LawPhil →
- China Airlines vs. Daniel Chiok, G.R. No. 152122, July 30, 2003 — read the decision on LawPhil →
- Trans-Asia Shipping Lines, Inc. vs. Court of Appeals, et al, G.R. No. 118126, March 4, 1996 — read the decision on LawPhil →
Related provisions
- Civil Code, Article 1764 — Damages and Death of a Passenger
- Civil Code, Article 2206 — Damages for Death