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This concept does not apply to any executive agent who is an employee of the acting
administration and who on his own responsibility performs the functions which are inherent
in and naturally pertain to his office and which are regulated by law and the regulations."
(Supreme Court of Spain, May 18, 1904; 98 Jur. Civ., 389, 390.)
Damages sought:
The two items which constitute a part of the P14,741 and which are drawn in question
by the plaintiff are (a) P5,000, the award awarded for permanent injuries, and (b) the
P2,666, the amount allowed for the loss of wages during the time the plaintiff was
incapacitated from pursuing his occupation.
We find nothing in the record which would justify us in increasing the amount of the first.
As to the second, the record shows, and the trial court so found, that the plaintiff's
services as a contractor were worth P1,000 per month. The court, however, limited the
time to two months and twenty-one days, which the plaintiff was actually confined in the
hospital. In this we think there was error, because it was clearly established that the
plaintiff was wholly incapacitated for a period of six months.
The mere fact that he remained in the hospital only two months and twenty-one days
while the remainder of the six months was spent in his home, would not prevent
recovery for the whole time. We, therefore, find that the amount of damages sustained
by the plaintiff, without any fault on his part, is P18,075.
Sources:
http://whateverjuan.blogspot.com/2013/07/merritt-vs-government-of-philippine.html
http://www.lawphil.net/judjuris/juri1916/mar1916/gr_l-11154_1916.html
http://www.uberdigests.info/2011/09/meritt-vs-government-of-the-philippine-islands/