39
91.
Identity card No. 661077 establishes that the victim was born on July 25,
1962; in other words, she was 25.6 years of age at the date of her death.
92.
On this identity card, it is stated that her profession was office assistant, but
on her death certificate she appears as a housewife. Yet, in their statements, her
next of kin claim that she was an expert accountant and worked as such. However,
there is no document that certifies in which institution she trained as an expert
accountant. The State does not accept the claim of the victim’s next of kin because
Mrs. Paniagua Morales did not appear as an expert accountant in the Ministry of
Public Finance, which is a requirement to exercise the profession, and there are no
tax declarations to prove this point.
93.
The Court cannot accept that the victim had studied economics at the
university, as there are divergencies in the testimony with regard to the indication
that she studied at the Universidad de San Carlos de Guatemala. Her own mother
declared before the Court that this was not true and this higher education
establishment certified that Anna Elizabeth Paniagua Morales had not been a student
in any of its academic units.
94.
In these circumstances and owing to the lack of evidence, it is difficult to
foresee that the victim would have been able to study at the university eventually
and complete the program of studies in economics. The Court is inclined to accept
that the victim worked as a bookkeeper and, consequently, the pecuniary damage
corresponding to the loss of earnings suffered by the victim should be based on the
salary that she earned as a bookkeeper.
95.
The Court observes that the minimum salary for an administrative employee
was Q150.00 (one hundred and fifty quetzales) at the time the victim died. From
the preceding information, the Court grants the amount of five minimum salaries for
this type of activity in favor of the victim; that is, the sum of Q750.00 (seven
hundred and fifty quetzales), which is equivalent to US$294.00 (two hundred and
ninety-four United States dollars) as the monthly salary of a bookkeeper. The
calculation will be made on the basis of 12 salaries a year, plus the corresponding
annual bonuses, in accordance with Guatemalan norms (supra 87.1.b.). These are
the earnings that the victim would presumably have enjoyed during her life
expectancy of 48.33 years, the period from the victim’s age at the time of the facts
until the end of the life expectancy of a woman in Guatemala in 1988 (supra
87.2.d.). 25% must be deducted from this amount for personal expenses. The
resulting amount must then be brought to its value at the date of the judgment.
Consequently, the amount for this item is US$108.759.00 (one hundred and eight
thousand seven hundred and fifty-nine United States dollars).
96.
According to the criteria established by this Court, the fact that the victim had
formed a household and that, as a result, her daughter, María Elisa Meza Paniagua,
was born, makes the latter the primary successor of any benefit corresponding to
Anna Elizabeth Paniagua Morales (supra 83). Owing to the foregoing, this Court
considers that it is appropriate to grant María Elisa Meza Paniagua, the amount
recognized in the previous paragraph.
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