G.R. No. 219686 - Apolinario vs. Heirs of De Los Santos

On July 4, 1998, at around 7:30 a.m., Rico Villahermosa, then 16 years old, under the instruction and supervision of Gil Apolinario, the school principal of Brgy. Palale Elementary School, cut down a banana plant beside Maharlika Highway.
The falling banana plant hit Francisco De Los Santos, who was riding a motorcycle along Maharlika Highway, causing him to fall and sustain injuries.
Francisco suffered head injuries and died four days later on July 8, 1998, with the death certificate citing "post-traumatic brain swelling" and "diffuse cerebral contusion".

The heirs of Francisco filed a complaint against Apolinario and Teresita Villahermosa (Rico’s mother), alleging negligence on Apolinario's part for ordering Rico to cut the banana plant without necessary safety precautions.
They claimed actual damages amounting to PHP 97,000 for hospital and funeral expenses and PHP 428,800 as compensation for lost expected income since Francisco was a member of the Sangguniang Bayan of Sta. Margarita, along with moral, exemplary damages, attorney's fees, and litigation expenses.

Elias Udjay witnessed the incident; he was near Apolinario and Rico and testified that Apolinario instructed Rico to cut the plant that ultimately caused the accident.
Edwin de los Santos, Francisco’s son, corroborated his father's position and presented the death certificate.
Rico testified that Apolinario instructed him to cut the banana plant during a "pintakasi," a community event; Rico saw Francisco only when the plant was falling and claimed Apolinario did not help Francisco after the accident.
Teresita sought dismissal, asserting Rico’s act was under Apolinario’s supervision.
Apolinario denied direct supervision, claiming he was 10 meters away and argued the incident happened during a non-school day event.

RTC held Apolinario liable for damages, awarding temperate, actual, moral, exemplary damages, attorney’s fees, and litigation expenses.
The Court found negligence on the part of Rico for lack of precaution, and primarily on Apolinario due to his supervisory role, citing Articles 218 and 219 of the Family Code.

CA affirmed the finding of negligence and Apolinario’s liability but deleted exemplary damages and attorney’s fees.
CA confirmed Apolinario’s supervisory role extended to the event and the pupil’s acts despite the non-class day and upheld the other damages awarded.

Apolinario petitioned for review, challenging the loss of earning capacity award due to lack of documentary evidence and the imposition of subsidiary liability for Teresita.
The heirs maintained that testimonial evidence was sufficient and that Apolinario exercised authority and supervised the event and Rico.

Whether Apolinario is principally liable for damages to the heirs, to the exclusion of Teresita.
Whether the award of PHP 428,880.00 for loss of earning capacity is supported by the law and jurisprudence.