19 25 Cases in Persons

By: Rehom Pimentel

19. Hermosisima vs. CA [Art. 20, CC]
FACTS:
- Soledad was a teacher and Life Insurance agent who is 10 years older than Franciso who is a Pilot Apprentice.
- They got engaged in 1951, watched movie and thereafter had sex in the cabin and got child named Chris.
- July 1954, Francisco married Romanita Rerez.
- October 1954, Soledad filed a complaint in Cebu RTC for moral damages arising from breach of promise to
marry.
ISSUE:
- WON breach of promise to marry is valid cause of action for civil action.
HELD:
- There can be no recovery of moral damages from a mere breach to promise to marry. Such provision in the
proposed Civil Code was actually intended by the legislator to exclude or else innocent men may become the
victims of designing women and unscrupulous men.
- However, if there be a seduction, moral damages could be recovered [Art. 2219 (3), CC]
- In this case, it was actually Soledad who virtually seduced Francisco by surrendering herself to him since she is
even 10 years older and that she was overwhelmed by her love.

20. Wassmer vs. Velez [Art. 21, CC]
FACTS:
- Francisco and Beatriz were lovers and plan to marry each other on Sept. 4, 1954.
- Everything was settled, invitations were printed sent to relatives, friends and acquaintances.
- All materials for the wedding were bought already and gifts were received.
- But on Sept. 2, two days before the wedding, Francisco decided not to marry Beatriz at the very last minute thru
a note written by him.
- Beatriz filed a civil action for recovery of moral and compensatory damages for the public humiliation received
by her and her family, and for all the expenses already incurred in the preparation of the wedding.
ISSUE:
- WON breach of promise to marry could be a ground for recovery of damages.
HELD:
- This is not merely a breach of promise to marry but an act that is palpably and unjustifiably against good
customs, which action falls within the provision of Art. 21, CC, and the defendant acted with wanton, reckless
and oppressive manner.
- Aside from that, the defendant has a wilful intent to cause damage since he never showed up nor hear anything
from him anymore.

21. Gashem Shookat Baksh vs. CA [Art. 21, CC]
FACTS:
- Marilou is a 22 year old pretty Filipina who is in good reputation and was a virgin before he met Gashem, the
petitioner, a fucking Iranian Dog shit (citizen) who is an exchange medical at Lyceum Northwest College in
Dagupan City.
- The Iranian boy courted Marilou and proposed his promise to marry her. In the sincere belief of Marilou to this
promise, she accepted the proposal; hence, they live as couple introducing him already to the parents of
Marilou. Likewise, in the sincere belief of her parents, they affirmed the proposal having the assurance coming
from the Iranian boy that he will marry their daughter.
- They moved to the apartment of the plaintiff as live-in partner and the girl was deflowered and got pregnant.
That time the boy started maltreating her and forcing to leave him saying that he got married already in Bacolod
City.
- The girl left the Iranian boy and filed a complaint for moral damages arising from breach of promise to marry.
ISSUE:
- WON the Iranian boy is liable.
HELD:
- The plaintiff acted in wilful and deceitful intent by making believed Marilou and her family in his promise to
marry her just to satisfy his sexual and lustful desires.
- Thus, an action prohibited in Art. 21, CC, as against good moral, customs and tradition of Filipino people, causing
moral damages on the part of the woman in losing her dignity and her family against public humiliation.
- This is also an embarrassment to the hospitality of the Filipino people towards foreigner.

22. Amonoy vs. Gutierrez [Art. 19, CC]
FACTS:
- Amonoy was the counsel for the settlement of estate of the deceased Julios Cantolos involving 6 parcels of lands
of Asuncion Pasamba, Alfonso Formildo, Francisco Cantolos and Agnes Cantolos.
- Two parcels of said lands were adjudicated in favor of Asuncion and Alfonso. They executed a deed of real estate
mortgage on the said two lots in favor of Amonoy to secure Attorneys fees. Asuncion and Alfonso eventually
died.
- Since the Attorneys fees were not yet paid, Amonoy filed a petition to foreclose the said lots against Gutierrez,
hear of Alfonso.
- The RTC granted the petition and issued a writ of possession and order the demolition of the house of Gutierrez
located at the said land.
- Gutierrez filed a motion for TRO against demolition order before the SC and was granted
- Amonoy still continue the demolition even upon receiving the TRO.
- Gutierrez filed a complaint for recovery of damages caused by the destruction of their house.
HELD:
- Amonoy acted not only in abuse of right but also in exercise of invalid right since, upon the receipt of the TRO,
his right to demolish the house of Gutierrez has already ceased. [ the doctrine of Damnum absque injuria, which
means a loss without injury since the person involved is exercising a valid right, does not apply on this case]

23. Nikko Hotel Manila Garden vs. Robert Reyes [Art. 21, CC]
FACTS:
- Mr. Reyes attended to the NHMGs party celebrating the birthday of the manager of such hotel. Reyes is not
invited to that party though he contested he was by Dr. Filart which later denied by the latter.
- Ms. Lim, in her capacity as the party organizer, asked Mr. Reyes through Boy Miller the the Captain Waiter,
Ms. Fruto sister of Dr. Filart, and Captain Batung friend of Mr. Reyes, the favor to tell him to leave the party
because he was not included in the guests list as Ms. Lim would want to keep the party intimate as ordered by
the her Manager.
- Mr. Reyes refused to do so, then Ms. Lim do it by herself telling him to leave the party by talking to him in a
distance that as they almost kissed each other so that other guests would not hear their conversation. But
Instead of leaving the party, Mr. Reyes made a scandalous scene and started shouting to Ms. Lim.
- They could not control him so they called the police to let him leave the party as he resisted.
- Mr. Reyes filed a complaint for moral damage invoking Art. 21, CC that what is done by Ms. Lim is humiliating
and is against good customs and morals.
HELD:
- No cause of action for damage since Mr. Reyes assumed the risk of being asked to leave, and be embarrassed
and humiliated as he knows that he was not invited in the party.
- Therefore, under the maxim Volentia non fit injuria, which means self-inflicted injury, he is not entitled of
damage recovery.

24. Pe vs. Pe [Art. 21, CC]
FACTS:
- Lolita was a teacher and a single woman who fell in love with Alfonso a married man who is a closed relative of
her.
- This was due to the frequent visiting of Alfonso to the house of Lolita teaching her how to pray rosary.
- The rumor regarding their relationship has reached her parents.
- Parents of Lolita filed a deportation against Alfonso who is a Chinese national and civil action for moral damage
since it brought shame to the Family of Lolita knowing that he is married man living with Lolita who is an
unmarried woman.
HELD:
- The action of Alfonso is contrary to good customs and morals, thus, violating the provisions of Art. 21, CC,
therefore made him liable for compensation to the damages caused to the family of Lolita.

25. Bunag vs. CA [Art.21, CC]
FACTS:
- Condrado and Zenaida were lovers but ended into quarrel. Condrado made Zenaida believed that he just want
to reconcile with her without the latters knowledge of the formers plan of abducting and raping her.
- In order to exempt himself form criminal liability for abducting and raping her, Condrado made a promise to
marry Zenaida. On the belief of Zenaida in that proposal, she disregarded the abduction and rape made by him.
- Just to make Zenaida believe that he is indeed serious to marry her, they lived together in Condrados
grandmothers house as couple in 21 days and thereafter left her.
- Zenaida was therefore forced to return to her family and filed a complaint for breach of promise to marry.
HELD:
- Condrado was ordered to pay Zenaida for moral damages.
- Zenaida stayed with him in silence about the violation of Condrado against her womanhood relying on his
promise to marry her.
- Zenaida lost her honor and dignity, and suffers from mental anxiety and sleepless nights because of the trauma
she got.