Pe v. Pe,
G.R. No. L-17396,
May 30, 1962
DOCTRINE:
Article 21 of the Civil Code –
Any person who willfully causes loss or injury to another in a manner which is contrary
to morals, good customs or public policy shall compensate the latter for the damage.
FACTS:
The plaintiffs in this case are the family members of Lolita Pe. The defendant is a
collateral relative of Lolita Pe. In 1952, the defendant became close with Lolita. The two
eventually fell in love with each other and conducted clandestine trysts around the area
where Lolita teaches and even sent each other love notes to show each other their
affection. In 1955, the rumors about their affair reached Lolita’s parents and ever since,
the defendant was prohibited from going to her house and from further seeing Lolita.
The parents even filed deportation proceedings against defendant since he is a Chinese
National.
In 1957, Lolita stayed with her siblings in Quezon City. Lolita eventually disappeared
from their house. Her siblings found a note in her aparador which shows a date, time,
and location of where a mysterious person would be. However, it was recognized in the
handwriting of the defendant. The disappearance of Lolita was reported to the police but
there was no trace of her whereabouts.
The plaintiffs now file for damages with the Court of First Instance of Manila for moral,
compensatory, exemplary, and corrective damages in the amount of P94,000.00
exclusive of attorney's fees and expenses of litigation under Article 21 of the New Civil
Code, against the defendant for ruining the family name and causing emotional distress
by the abandonment of their family member. The defendant argues by denying such
facts do not constitute a valid cause of action. The trial court dismissed the complaint on
the basis that the plaintiffs failed to prove that the defendant deliberately tried to win
Lolita’s affection after finding out that Lolita played a huge part in their relationship and
loved, defendant.
Plaintiffs brought the issue on appeal, hence this petition.
ISSUE:
Is the defendant liable for damages under Article 21 of the New Civil Code?
HELD:
Yes, he is liable for damages. Article 21 of the New Civil Code states that any person
who willfully causes loss or injury to another in a manner which is contrary to morals,
good customs or public policy shall compensate the latter for the damage.
In this case, there is no question that the defendant used an ingenious scheme or
trickery to seduce Lolita into falling in love with him. The facts show that the defendant
frequently visited Lolita at her house on the pretext that he wanted to be taught by her
how to pray the rosary. Also, he was a collateral relative which made it easy for the
defendant to frequently visit her at her own home. Even after the parents of Lolita found
out, he continued the love affair with her.
The defendant caused a wrong against her and her family, especially considering the
fact that he is a married man. The defendant has therefore committed an injury against
Lolita’s family which is contrary to morals, good customs, and public policy under Article
21 of the New Civil Code.
