Escolar Documentos
Profissional Documentos
Cultura Documentos
July 10, 2000] numbering twenty in all, went to Elsa's house and asked her
parents for the hand of their daughter.
ELSA NATIVIDAD, et al. vs. RONALD TUNAC, et al.
The two families agreed to have the wedding in January 1993 as
SECOND DIVISION Elsa's sister had gotten married that year, and they thought it was
not good to have two weddings in a family within the same year.
Gentlemen: Meanwhile, Elsa started living with Ronald in the house of the
latter's family while waiting for the baby to be born. Unfortunately,
Quoted hereunder, for your information, is a resolution of this on December 19, 1992, Elsa gave birth to a premature baby
Court dated JUL 10 2000. which died after five (5) hours in the incubator. After Elsa's
discharge from the hospital, the two families decided that Elsa
G.R. No. 143130. (Elsa Natividad, et al. vs. Ronald Tunac, et al.) should go back to her parents so her mother could take care of
her during her postnatal period. During said period, Ronald
This case originated in a complaint for damages filed by petitioner occasionally slept in Elsa's house.
Elsa Natividad against respondent Ronald Tunac for breach of
promise to marry. The Regional Trial Court, Branch 81, Quezon It seems that after Elsa's miscarriage, a marked change in
City rendered judgment for petitioner, ordering respondent to pay Ronald's attitude towards the former occurred. In January of
moral and exemplary damages, but, on appeal, the decision was 1993, the Natividads confronted the Tunacs. In that meeting,
reversed by the Court of Appeals. Hence, this petition for review Ronald informed Elsa that he no longer wanted to get married to
on certiorari. her. Hence, this case.
It appears that petitioner Elsa Natividad and respondent Ronald Petitioners succinctly contend they are suing respondents not
Tunac grew up together in Barangay Quiling, Talisay, Batangas merely because Elsa became pregnant but because Ronald
where their respective parents, petitioners Marino and Clarita reneged on his promise to marry her after their agreement had
Natividad and respondent Eusebio and Elisa Tunac, resided. At already been much publicized in their town.
age nineteen (19), the two became lovers. One day, Ronald
asked Elsa to go with him to his boarding house in Pasig City to This contention has no merit. As correctly pointed out by the
get the bio-data which he needed in connection with his Court of Appeals, our laws do not provide for a right to relief for
application for employment. Upon arrival at the boarding house, cases arising purely from a breach of one's promise to marry
they found no one there. Ronald asked Elsa to go with him inside another, the chapter on breach of promise to marry proposed by
his room and, once inside, started kissing Elsa until he succeeded the Code Commission having been deleted by Congress in
in making love with her. Elsa cried at the loss of her virginity, but enacting the Civil Code apparently because of lessons from other
Ronald appeased her by promising to marry her. countries, particularly the United States and England, that the
action readily lends itself to abuse by designing women and
Their intimate relations continued, resulting in Elsa getting unscrupulous men (Congressional Record, vol. IV, No. 79, 14
pregnant sometime in June 1992. Ronald reassured her, again May 1949, 2352).
promising her marriage. True enough, on October 31, 1992,
Ronald and his parents, accompanied by several relatives In cases where this Court has allowed moral or exemplary
damages arising from similar circumstances, there was found
moral seduction or misrepresentation (Gashem Shookat Basksh miscarriage, is already beyond the punitive scope of our laws.
v. Court of Appeals (219 SCRA 115 (1993));; Hermosisima v. This is simply a case of a relationship gone awry.
Court of Appeals (109 Phil. 629 (1960)). In Baksh, it was held -
For the foregoing reasons, the petition is DENIED for lack of
[T]hat where a man's promise to marry is in fact merit.
the proximate cause of the acceptance of his
love by a woman and his representation to
fulfill that promise thereafter becomes the
proximate cause of the giving of herself unto
him in a sexual congress, proof that he had, in
reality, no intention of marrying her and that
the promise was only a subtle scheme or
deceptive device to entice or inveigle her to
accept him and to obtain her consent to the
sexual act, could justify the award of damages
pursuant to Article 21 not because of such
promise to marry but because of the fraud and
deceit behind it and the willful injury to her
honor and reputation which followed
thereafter. It is essential, however, that such
injury should have been committed in a
manner contrary to morals, good customs, or
public policy.
1. That the plaintiff is single and resident (sic) of 3. All other claims are denied.6
Bañaga, Bugallon, Pangasinan, while the
defendant is single, Iranian citizen and resident The decision is anchored on the trial court's findings and
(sic) of Lozano Apartment, Guilig, Dagupan City conclusions that (a) petitioner and private respondent were
since September 1, 1987 up to the present;; lovers, (b) private respondent is not a woman of loose morals or
questionable virtue who readily submits to sexual advances, (c)
2. That the defendant is presently studying at petitioner, through machinations, deceit and false pretenses,
Lyceum Northwestern, Dagupan City, College of promised to marry private respondent, d) because of his
Medicine, second year medicine proper;; persuasive promise to marry her, she allowed herself to be
deflowered by him, (e) by reason of that deceitful promise,
3. That the plaintiff is (sic) an employee at private respondent and her parents — in accordance with
Mabuhay Luncheonette , Fernandez Avenue, Filipino customs and traditions — made some preparations for
Dagupan City since July, 1986 up to the present the wedding that was to be held at the end of October 1987 by
and a (sic) high school graduate;; looking for pigs and chickens, inviting friends and relatives and
contracting sponsors, (f) petitioner did not fulfill his promise to
4. That the parties happened to know each other marry her and (g) such acts of the petitioner, who is a foreigner
when the manager of the Mabuhay Luncheonette, and who has abused Philippine hospitality, have offended our
Johhny Rabino introduced the defendant to the sense of morality, good customs, culture and traditions. The trial
plaintiff on August 3, 1986. court gave full credit to the private respondent's testimony
because, inter alia, she would not have had the temerity and
After trial on the merits, the lower court, applying Article 21 of courage to come to court and expose her honor and reputation
the Civil Code, rendered on 16 October 1989 a to public scrutiny and ridicule if her claim was false.7
decision5 favoring the private respondent. The petitioner was
thus ordered to pay the latter damages and attorney's fees;; the The above findings and conclusions were culled from the
dispositive portion of the decision reads: detailed summary of the evidence for the private respondent in
the foregoing decision, digested by the respondent Court as Bacolod City. That was the time plaintiff left
follows: defendant, went home to her parents, and
thereafter consulted a lawyer who accompanied
According to plaintiff, who claimed that she was a her to the barangay captain in Dagupan City.
virgin at the time and that she never had a Plaintiff, her lawyer, her godmother, and a
boyfriend before, defendant started courting her barangay tanod sent by the barangay captain went
just a few days after they first met. He later to talk to defendant to still convince him to marry
proposed marriage to her several times and she plaintiff, but defendant insisted that he could not
accepted his love as well as his proposal of do so because he was already married to a girl in
marriage on August 20, 1987, on which same day Bacolod City, although the truth, as stipulated by
he went with her to her hometown of Bañaga, the parties at the pre-trial, is that defendant is still
Bugallon, Pangasinan, as he wanted to meet her single.
parents and inform them of their relationship and
their intention to get married. The photographs Plaintiff's father, a tricycle driver, also claimed that
Exhs. "A" to "E" (and their submarkings) of after defendant had informed them of his desire to
defendant with members of plaintiff's family or with marry Marilou, he already looked for sponsors for
plaintiff, were taken that day. Also on that the wedding, started preparing for the reception by
occasion, defendant told plaintiffs parents and looking for pigs and chickens, and even already
brothers and sisters that he intended to marry her invited many relatives and friends to the
during the semestral break in October, 1987, and forthcoming wedding. 8
because plaintiff's parents thought he was good
and trusted him, they agreed to his proposal for Petitioner appealed the trial court's decision to the respondent
him to marry their daughter, and they likewise Court of Appeals which docketed the case as CA-G.R. CV No.
allowed him to stay in their house and sleep with 24256. In his Brief,9 he contended that the trial court erred (a) in
plaintiff during the few days that they were in not dismissing the case for lack of factual and legal basis and
Bugallon. When plaintiff and defendant later (b) in ordering him to pay moral damages, attorney's fees,
returned to Dagupan City, they continued to live litigation expenses and costs.
together in defendant's apartment. However, in the
early days of October, 1987, defendant would tie On 18 February 1991, respondent Court promulgated the
plaintiff's hands and feet while he went to school, challenged decision 10 affirming in toto the trial court's ruling of
and he even gave her medicine at 4 o'clock in the 16 October 1989. In sustaining the trial court's findings of fact,
morning that made her sleep the whole day and respondent Court made the following analysis:
night until the following day. As a result of this live-
in relationship, plaintiff became pregnant, but First of all, plaintiff, then only 21 years old when
defendant gave her some medicine to abort the she met defendant who was already 29 years old
fetus. Still plaintiff continued to live with defendant at the time, does not appear to be a girl of loose
and kept reminding him of his promise to marry morals. It is uncontradicted that she was a virgin
her until he told her that he could not do so prior to her unfortunate experience with defendant
because he was already married to a girl in and never had boyfriend. She is, as described by
the lower court, a barrio lass "not used and accepted defendant's proposal (pp. 6-7, tsn March
accustomed to trend of modern urban life", and 7, 1988).
certainly would (sic) not have allowed
"herself to be deflowered by the defendant if there Upon the other hand, appellant does not appear to
was no persuasive promise made by the be a man of good moral character and must think
defendant to marry her." In fact, we agree with the so low and have so little respect and regard for
lower court that plaintiff and defendant must have Filipino women that he openly admitted that when
been sweethearts or so the plaintiff must have he studied in Bacolod City for several years where
thought because of the deception of defendant, for he finished his B.S. Biology before he came to
otherwise, she would not have allowed herself to Dagupan City to study medicine, he had a
be photographed with defendant in public in so common-law wife in Bacolod City. In other words,
(sic) loving and tender poses as those depicted in he also lived with another woman in Bacolod City
the pictures Exhs. "D" and "E". We cannot believe, but did not marry that woman, just like what he did
therefore, defendant's pretense that plaintiff was a to plaintiff. It is not surprising, then, that he felt so
nobody to him except a waitress at the restaurant little compunction or remorse in pretending to love
where he usually ate. Defendant in fact admitted and promising to marry plaintiff, a young, innocent,
that he went to plaintiff's hometown of Bañaga, trustful country girl, in order to satisfy his lust on
Bugallon, Pangasinan, at least thrice;; at (sic) the her. 11
town fiesta on February 27, 1987 (p. 54, tsn May
18, 1988), at (sic) a beach party together with the and then concluded:
manager and employees of the Mabuhay
Luncheonette on March 3, 1987 (p. 50, tsn id.), In sum, we are strongly convinced and so hold that
and on April 1, 1987 when he allegedly talked to it was defendant-appellant's fraudulent and
plaintiff's mother who told him to marry her deceptive protestations of love for and promise to
daughter (pp. 55-56, tsn id.). Would defendant marry plaintiff that made her surrender her virtue
have left Dagupan City where he was involved in and womanhood to him and to live with him on the
the serious study of medicine to go to plaintiff's honest and sincere belief that he would keep said
hometown in Bañaga, Bugallon, unless there was promise, and it was likewise these (sic) fraud and
(sic) some kind of special relationship between deception on appellant's part that made plaintiff's
them? And this special relationship must indeed parents agree to their daughter's living-in with him
have led to defendant's insincere proposal of preparatory to their supposed marriage. And as
marriage to plaintiff, communicated not only to her these acts of appellant are palpably and
but also to her parents, and (sic) Marites Rabino, undoubtedly against morals, good customs, and
the owner of the restaurant where plaintiff was public policy, and are even gravely and deeply
working and where defendant first proposed derogatory and insulting to our women, coming as
marriage to her, also knew of this love affair and they do from a foreigner who has been enjoying
defendant's proposal of marriage to plaintiff, which the hospitality of our people and taking advantage
she declared was the reason why plaintiff resigned of the opportunity to study in one of our institutions
from her job at the restaurant after she had of learning, defendant-appellant should indeed be
made, under Art. 21 of the Civil Code of the On 26 August 1991, after the private respondent had filed her
Philippines, to compensate for the moral damages Comment to the petition and the petitioner had filed his Reply
and injury that he had caused plaintiff, as the lower thereto, this Court gave due course to the petition and required
court ordered him to do in its decision in this the parties to submit their respective Memoranda, which they
case. 12 subsequently complied with.
Unfazed by his second defeat, petitioner filed the instant petition As may be gleaned from the foregoing summation of the
on 26 March 1991;; he raises therein the single issue of whether petitioner's arguments in support of his thesis, it is clear that
or not Article 21 of the Civil Code applies to the case at bar. 13 questions of fact, which boil down to the issue of the credibility
of witnesses, are also raised. It is the rule in this jurisdiction that
It is petitioner's thesis that said Article 21 is not applicable appellate courts will not disturb the trial court's findings as to the
because he had not committed any moral wrong or injury or credibility of witnesses, the latter court having heard the
violated any good custom or public policy;; he has not professed witnesses and having had the opportunity to observe closely
love or proposed marriage to the private respondent;; and he has their deportment and manner of testifying, unless the trial court
never maltreated her. He criticizes the trial court for liberally had plainly overlooked facts of substance or value which, if
invoking Filipino customs, traditions and culture, and ignoring considered, might affect the result of the case. 15
the fact that since he is a foreigner, he is not conversant with
such Filipino customs, traditions and culture. As an Iranian Petitioner has miserably failed to convince Us that both the
Moslem, he is not familiar with Catholic and Christian ways. He appellate and trial courts had overlooked any fact of substance
stresses that even if he had made a promise to marry, the or values which could alter the result of the case.
subsequent failure to fulfill the same is excusable or tolerable
because of his Moslem upbringing;; he then alludes to the Equally settled is the rule that only questions of law may be
Muslim Code which purportedly allows a Muslim to take four (4) raised in a petition for review on certiorari under Rule 45 of the
wives and concludes that on the basis thereof, the trial court Rules of Court. It is not the function of this Court to analyze or
erred in ruling that he does not posses good moral character. weigh all over again the evidence introduced by the parties
Moreover, his controversial "common law life" is now his legal before the lower court. There are, however, recognized
wife as their marriage had been solemnized in civil ceremonies exceptions to this rule. Thus, in Medina vs.Asistio, Jr., 16 this
in the Iranian Embassy. As to his unlawful cohabitation with the Court took the time, again, to enumerate these exceptions:
private respondent, petitioner claims that even if responsibility
could be pinned on him for the live-in relationship, the private xxx xxx xxx
respondent should also be faulted for consenting to an illicit
arrangement. Finally, petitioner asseverates that even if it was (1) When the conclusion is a finding grounded
to be assumed arguendo that he had professed his love to the entirely on speculation, surmises or conjectures
private respondent and had also promised to marry her, such (Joaquin v. Navarro, 93 Phil. 257 [1953]);; (2)
acts would not be actionable in view of the special When the inference made is manifestly mistaken,
circumstances of the case. The mere breach of promise is not absurb or impossible (Luna v. Linatok, 74 Phil. 15
actionable. 14 [1942]);; (3) Where there is a grave abuse of
discretion (Buyco v. People, 95 Phil. 453 [1955]);;
(4) When the judgment is based on a
misapprehension of facts (Cruz v. Sosing, been definitely decided in the case of De Jesus vs.
L-4875, Nov. 27, 1953);; (5) When the findings of Syquia. 18 The history of breach of promise suits in
fact are conflicting (Casica v. Villaseca, L-9590 Ap. the United States and in England has shown that
30, 1957;; unrep.) (6) When the Court of Appeals, no other action lends itself more readily to abuse
in making its findings, went beyond the issues of by designing women and unscrupulous men. It is
the case and the same is contrary to the this experience which has led to the abolition of
admissions of both appellate and appellee rights of action in the so-called Heart Balm suits in
(Evangelista v. Alto Surety and Insurance Co., 103 many of the American states. . . . 19
Phil. 401 [1958]);;
(7) The findings of the Court of Appeals are This notwithstanding, the said Code contains a provision, Article
contrary to those of the trial court (Garcia v. Court 21, which is designed to expand the concept of torts or quasi-
of Appeals, 33 SCRA 622 [1970];; Sacay v. delict in this jurisdiction by granting adequate legal remedy for
Sandiganbayan, 142 SCRA 593 [1986]);; (8) When the untold number of moral wrongs which is impossible for
the findings of fact are conclusions without citation human foresight to specifically enumerate and punish in the
of specific evidence on which they are based statute books. 20
(Ibid.,);; (9) When the facts set forth in the petition
as well as in the petitioners main and reply briefs As the Code Commission itself stated in its Report:
are not disputed by the respondents (Ibid.,);; and
(10) The finding of fact of the Court of Appeals is But the Code Commission had gone farther than
premised on the supposed absence of evidence the sphere of wrongs defined or determined by
and is contradicted by the evidence on record positive law. Fully sensible that there are countless
(Salazar v. Gutierrez, 33 SCRA 242 [1970]). gaps in the statutes, which leave so many victims
of moral wrongs helpless, even though they have
Petitioner has not endeavored to joint out to Us the existence of actually suffered material and moral injury, the
any of the above quoted exceptions in this case. Consequently, Commission has deemed it necessary, in the
the factual findings of the trial and appellate courts must be interest of justice, to incorporate in the proposed
respected. Civil Code the following rule:
And now to the legal issue. Art. 23. Any person who wilfully
causes loss or injury to another in a
The existing rule is that a breach of promise to marry per se is manner that is contrary to morals,
not an actionable wrong. 17 Congress deliberately eliminated good customs or public policy shall
from the draft of the New Civil Code the provisions that would compensate the latter for the
have made it so. The reason therefor is set forth in the report of damage.
the Senate Committees on the Proposed Civil Code, from which
We quote: An example will illustrate the purview of the
foregoing norm: "A" seduces the nineteen-year old
The elimination of this chapter is proposed. That daughter of "X". A promise of marriage either has
breach of promise to marry is not actionable has not been made, or can not be proved. The girl
becomes pregnant. Under the present laws, there negligent acts or omissions are to be covered by Article
is no crime, as the girl is above nineteen years of 2176 of the Civil Code. 22 In between these opposite
age. Neither can any civil action for breach of spectrums are injurious acts which, in the absence of
promise of marriage be filed. Therefore, though Article 21, would have been beyond redress. Thus,
the grievous moral wrong has been committed, Article 21 fills that vacuum. It is even postulated that
and though the girl and family have suffered together with Articles 19 and 20 of the Civil Code, Article
incalculable moral damage, she and her parents 21 has greatly broadened the scope of the law on civil
cannot bring action for damages. But under the wrongs;; it has become much more supple and adaptable
proposed article, she and her parents would have than the Anglo-American law on torts. 23
such a right of action.
In the light of the above laudable purpose of Article 21, We are
Thus at one stroke, the legislator, if the forgoing of the opinion, and so hold, that where a man's promise to marry
rule is approved, would vouchsafe adequate legal is in fact the proximate cause of the acceptance of his love by a
remedy for that untold number of moral wrongs woman and his representation to fulfill that promise thereafter
which it is impossible for human foresight to becomes the proximate cause of the giving of herself unto him
provide for specifically in the statutes. 21 in a sexual congress, proof that he had, in reality, no intention of
marrying her and that the promise was only a subtle scheme or
Article 2176 of the Civil Code, which defines a quasi-delict thus: deceptive device to entice or inveigle her to accept him and to
obtain her consent to the sexual act, could justify the award of
Whoever by act or omission causes damage to damages pursuant to Article 21 not because of such promise to
another, there being fault or negligence, is obliged marry but because of the fraud and deceit behind it and the
to pay for the damage done. Such fault or willful injury to her honor and reputation which followed
negligence, if there is no pre-existing contractual thereafter. It is essential, however, that such injury should have
relation between the parties, is called a quasi- been committed in a manner contrary to morals, good customs
delict and is governed by the provisions of this or public policy.
Chapter.
In the instant case, respondent Court found that it was the
is limited to negligent acts or omissions and excludes the petitioner's "fraudulent and deceptive protestations of love for
notion of willfulness or intent. Quasi-delict, known in and promise to marry plaintiff that made her surrender her virtue
Spanish legal treatises as culpa aquiliana, is a civil law and womanhood to him and to live with him on the honest and
concept while torts is an Anglo-American or common law sincere belief that he would keep said promise, and it was
concept. Torts is much broader than culpa likewise these fraud and deception on appellant's part that made
aquiliana because it includes not only negligence, but plaintiff's parents agree to their daughter's living-in with him
international criminal acts as well such as assault and preparatory to their supposed marriage." 24 In short, the private
battery, false imprisonment and deceit. In the general respondent surrendered her virginity, the cherished possession
scheme of the Philippine legal system envisioned by the of every single Filipina, not because of lust but because of moral
Commission responsible for drafting the New Civil Code, seduction — the kind illustrated by the Code Commission in its
intentional and malicious acts, with certain exceptions, example earlier adverted to. The petitioner could not be held
are to be governed by the Revised Penal Code while liable for criminal seduction punished under either Article 337 or
Article 338 of the Revised Penal Code because the private enticement, superior power or abuse of confidence
respondent was above eighteen (18) years of age at the time of on the part of the seducer to which the woman has
the seduction. yielded (U.S. vs. Buenaventura, 27 Phil. 121;; U.S.
vs. Arlante, 9 Phil. 595).
Prior decisions of this Court clearly suggest that Article 21 may
be applied in a breach of promise to marry where the woman is It has been ruled in the Buenaventura case (supra)
a victim of moral seduction. Thus, in Hermosisima vs. Court of that —
Appeals,25 this Court denied recovery of damages to the woman
because: To constitute seduction there must in
all cases be some sufficient promise
. . . we find ourselves unable to say that petitioner or inducement and the woman must
is morally guilty of seduction, not only because he yield because of the promise or other
is approximately ten (10) years younger than the inducement. If she consents merely
complainant — who was around thirty-six (36) from carnal lust and the intercourse
years of age, and as highly enlightened as a is from mutual desire, there is no
former high school teacher and a life insurance seduction (43 Cent. Dig. tit.
agent are supposed to be — when she became Seduction, par. 56) She must be
intimate with petitioner, then a mere apprentice induced to depart from the path of
pilot, but, also, because the court of first instance virtue by the use of some species of
found that, complainant "surrendered herself" to arts, persuasions and wiles, which
petitioner because, "overwhelmed by her love" for are calculated to have and do have
him, she "wanted to bind" him by having a fruit of that effect, and which result in her
their engagement even before they had the benefit person to ultimately submitting her
of clergy. person to the sexual embraces of her
seducer (27 Phil. 123).
In Tanjanco vs. Court of Appeals, 26 while this Court likewise
hinted at possible recovery if there had been moral seduction, And in American Jurisprudence we find:
recovery was eventually denied because We were not
convinced that such seduction existed. The following On the other hand, in an action by
enlightening disquisition and conclusion were made in the said the woman, the enticement,
case: persuasion or deception is the
essence of the injury;; and a mere
The Court of Appeals seem to have overlooked proof of intercourse is insufficient to
that the example set forth in the Code warrant a recovery.
Commission's memorandum refers to a tort upon a
minor who had been seduced. The essential Accordingly it is not seduction where
feature is seduction, that in law is more than mere the willingness arises out of sexual
sexual intercourse, or a breach of a promise of desire of curiosity of the female, and
marriage;; it connotes essentially the idea of deceit, the defendant merely affords her the
needed opportunity for the . . . if there be criminal or moral seduction, but not
commission of the act. It has been if the intercourse was due to mutual lust.
emphasized that to allow a recovery (Hermosisima vs. Court of Appeals,
in all such cases would tend to the L-14628, Sept. 30, 1960;; Estopa vs. Piansay, Jr.,
demoralization of the female sex, L-14733, Sept. 30, 1960;; Batarra vs. Marcos, 7
and would be a reward for unchastity Phil. 56 (sic);; Beatriz Galang vs. Court of Appeals,
by which a class of adventuresses et al., L-17248, Jan. 29, 1962). (In other words, if
would be swift to profit. (47 Am. Jur. the CAUSE be the promise to marry, and the
662) EFFECT be the carnal knowledge, there is a
chance that there was criminal or moral seduction,
xxx xxx xxx hence recovery of moral damages will prosper. If it
be the other way around, there can be no recovery
Over and above the partisan allegations, the fact of moral damages, because here mutual lust has
stand out that for one whole year, from 1958 to intervened). . . .
1959, the plaintiff-appellee, a woman of adult age,
maintain intimate sexual relations with appellant, together with "ACTUAL damages, should there be any,
with repeated acts of intercourse. Such conduct is such as the expenses for the wedding presentations (See
incompatible with the idea of seduction. Plainly Domalagon v. Bolifer, 33 Phil. 471).
there is here voluntariness and mutual passion;; for
had the appellant been deceived, had she Senator Arturo M. Tolentino 29 is also of the same persuasion:
surrendered exclusively because of the deceit,
artful persuasions and wiles of the defendant, she It is submitted that the rule in Batarra
would not have again yielded to his embraces, vs. Marcos, 30 still subsists, notwithstanding the
much less for one year, without exacting early incorporation of the present article31 in the Code.
fulfillment of the alleged promises of marriage, and The example given by the Code Commission is
would have cut short all sexual relations upon correct, if there was seduction, not necessarily in
finding that defendant did not intend to fulfill his the legal sense, but in the vulgar sense of
defendant did not intend to fulfill his promise. deception. But when the sexual act is
Hence, we conclude that no case is made under accomplished without any deceit or qualifying
article 21 of the Civil Code, and no other cause of circumstance of abuse of authority or influence,
action being alleged, no error was committed by but the woman, already of age, has knowingly
the Court of First Instance in dismissing the given herself to a man, it cannot be said that there
complaint. 27 is an injury which can be the basis for indemnity.
In his annotations on the Civil Code, 28 Associate Justice But so long as there is fraud, which is
Edgardo L. Paras, who recently retired from this Court, opined characterized by willfulness (sic), the action lies.
that in a breach of promise to marry where there had been The court, however, must weigh the degree of
carnal knowledge, moral damages may be recovered: fraud, if it is sufficient to deceive the woman under
the circumstances, because an act which would
deceive a girl sixteen years of age may not circumstances could not have even remotely occurred to him.
constitute deceit as to an experienced woman Thus, his profession of love and promise to marry were empty
thirty years of age. But so long as there is a words directly intended to fool, dupe, entice, beguile and
wrongful act and a resulting injury, there should be deceive the poor woman into believing that indeed, he loved her
civil liability, even if the act is not punishable under and would want her to be his life's partner. His was nothing but
the criminal law and there should have been an pure lust which he wanted satisfied by a Filipina who honestly
acquittal or dismissal of the criminal case for that believed that by accepting his proffer of love and proposal of
reason. marriage, she would be able to enjoy a life of ease and security.
Petitioner clearly violated the Filipino's concept of morality and
We are unable to agree with the petitioner's alternative brazenly defied the traditional respect Filipinos have for their
proposition to the effect that granting, for argument's sake, that women. It can even be said that the petitioner committed such
he did promise to marry the private respondent, the latter is deplorable acts in blatant disregard of Article 19 of the Civil
nevertheless also at fault. According to him, both parties are Code which directs every person to act with justice, give
in pari delicto;; hence, pursuant to Article 1412(1) of the Civil everyone his due and observe honesty and good faith in the
Code and the doctrine laid down in Batarra vs. Marcos, 32 the exercise of his rights and in the performance of his obligations.
private respondent cannot recover damages from the petitioner.
The latter even goes as far as stating that if the private No foreigner must be allowed to make a mockery of our laws,
respondent had "sustained any injury or damage in their customs and traditions.
relationship, it is primarily because of her own doing, 33 for:
The pari delicto rule does not apply in this case for while indeed,
. . . She is also interested in the petitioner as the the private respondent may not have been impelled by the
latter will become a doctor sooner or later. Take purest of intentions, she eventually submitted to the petitioner in
notice that she is a plain high school graduate and sexual congress not out of lust, but because of moral seduction.
a mere employee . . . (Annex "C") or a waitress In fact, it is apparent that she had qualms of conscience about
(TSN, p. 51, January 25, 1988) in a luncheonette the entire episode for as soon as she found out that the
and without doubt, is in need of a man who can petitioner was not going to marry her after all, she left him. She
give her economic security. Her family is in dire is not, therefore, in pari delicto with the petitioner. Pari
need of financial assistance. (TSN, pp. 51-53, May delicto means "in equal fault;; in a similar offense or crime;; equal
18, 1988). And this predicament prompted her to in guilt or in legal fault." 35At most, it could be conceded that she
accept a proposition that may have been offered is merely in delicto.
by the petitioner. 34
Equity often interferes for the relief of the less
These statements reveal the true character and motive of the guilty of the parties, where his transgression has
petitioner. It is clear that he harbors a condescending, if not been brought about by the imposition of undue
sarcastic, regard for the private respondent on account of the influence of the party on whom the burden of the
latter's ignoble birth, inferior educational background, poverty original wrong principally rests, or where his
and, as perceived by him, dishonorable employment. Obviously consent to the transaction was itself procured by
then, from the very beginning, he was not at all moved by good fraud. 36
faith and an honest motive. Marrying with a woman so
In Mangayao vs. Lasud, 37 We declared:
Republic of the Philippines Paquing
SUPREME COURT
Manila But the next day, September 3, he sent her the following
telegram:
EN BANC
NOTHING CHANGED REST ASSURED
RETURNING VERY SOON APOLOGIZE MAMA
PAPA LOVE .
PAKING
G.R. No. L-20089 December 26, 1964
Thereafter Velez did not appear nor was he heard from again.
BEATRIZ P. WASSMER, plaintiff-appellee,
vs. Sued by Beatriz for damages, Velez filed no answer and was
FRANCISCO X. VELEZ, defendant-appellant. declared in default. Plaintiff adduced evidence before the clerk
of court as commissioner, and on April 29, 1955, judgment was
Jalandoni & Jamir for defendant-appellant. rendered ordering defendant to pay plaintiff P2,000.00 as actual
Samson S. Alcantara for plaintiff-appellee. damages;; P25,000.00 as moral and exemplary damages;;
P2,500.00 as attorney's fees;; and the costs.
BENGZON, J.P., J.:
On June 21, 1955 defendant filed a "petition for relief from
The facts that culminated in this case started with dreams and orders, judgment and proceedings and motion for new trial and
hopes, followed by appropriate planning and serious endeavors, reconsideration." Plaintiff moved to strike it cut. But the court, on
but terminated in frustration and, what is worse, complete public August 2, 1955, ordered the parties and their attorneys to
humiliation. appear before it on August 23, 1955 "to explore at this stage of
the proceedings the possibility of arriving at an amicable
Francisco X. Velez and Beatriz P. Wassmer, following their settlement." It added that should any of them fail to appear "the
mutual promise of love, decided to get married and set petition for relief and the opposition thereto will be deemed
September 4, 1954 as the big day. On September 2, 1954 Velez submitted for resolution."
left this note for his bride-to-be:
On August 23, 1955 defendant failed to appear before court.
Dear Bet — Instead, on the following day his counsel filed a motion to defer
for two weeks the resolution on defendants petition for relief.
Will have to postpone wedding — My mother The counsel stated that he would confer with defendant in
opposes it. Am leaving on the Convair today. Cagayan de Oro City — the latter's residence — on the
possibility of an amicable element. The court granted two weeks
Please do not ask too many people about the counted from August 25, 1955.
reason why — That would only create a scandal.
Plaintiff manifested on June 15, 1956 that the two weeks given be obtained for he was declared in default and thus had no
by the court had expired on September 8, 1955 but that standing in court (Velez vs. Ramas, 40 Phil. 787;; Alano vs.
defendant and his counsel had failed to appear. Court of First Instance, L-14557, October 30, 1959).
Another chance for amicable settlement was given by the court In support of his "motion for new trial and reconsideration,"
in its order of July 6, 1956 calling the parties and their attorneys defendant asserts that the judgment is contrary to law. The
to appear on July 13, 1956. This time. however, defendant's reason given is that "there is no provision of the Civil Code
counsel informed the court that chances of settling the case authorizing" an action for breach of promise to marry. Indeed,
amicably were nil. our ruling in Hermosisima vs. Court of Appeals (L-14628, Sept.
30, 1960), as reiterated in Estopa vs. Biansay (L-14733, Sept.
On July 20, 1956 the court issued an order denying defendant's 30, 1960), is that "mere breach of a promise to marry" is not an
aforesaid petition. Defendant has appealed to this Court. In his actionable wrong. We pointed out that Congress deliberately
petition of June 21, 1955 in the court a quo defendant alleged eliminated from the draft of the new Civil Code the provisions
excusable negligence as ground to set aside the judgment by that would have it so.
default. Specifically, it was stated that defendant filed no answer
in the belief that an amicable settlement was being negotiated. It must not be overlooked, however, that the extent to which acts
not contrary to law may be perpetrated with impunity, is not
A petition for relief from judgment on grounds of fraud, accident, limitless for Article 21 of said Code provides that "any person
mistake or excusable negligence, must be duly supported by an who wilfully causes loss or injury to another in a manner that is
affidavit of merits stating facts constituting a valid defense. (Sec. contrary to morals, good customs or public policy shall
3, Rule 38, Rules of Court.) Defendant's affidavit of merits compensate the latter for the damage."
attached to his petition of June 21, 1955 stated: "That he has a
good and valid defense against plaintiff's cause of action, his The record reveals that on August 23, 1954 plaintiff and
failure to marry the plaintiff as scheduled having been due to defendant applied for a license to contract marriage, which was
fortuitous event and/or circumstances beyond his control." An subsequently issued (Exhs. A, A-1). Their wedding was set for
affidavit of merits like this stating mere conclusions or opinions September 4, 1954. Invitations were printed and distributed to
instead of facts is not valid. (Cortes vs. Co Bun Kim, L-3926, relatives, friends and acquaintances (Tsn., 5;; Exh. C). The
Oct. 10, 1951;; Vaswani vs. P. Tarrachand Bros., L-15800, bride-to-be's trousseau, party drsrses and other apparel for the
December 29, 1960.) important occasion were purchased (Tsn., 7-8). Dresses for the
maid of honor and the flower girl were prepared. A matrimonial
Defendant, however, would contend that the affidavit of merits bed, with accessories, was bought. Bridal showers were given
was in fact unnecessary, or a mere surplusage, because the and gifts received (Tsn., 6;; Exh. E). And then, with but two days
judgment sought to be set aside was null and void, it having before the wedding, defendant, who was then 28 years old,:
been based on evidence adduced before the clerk of court. In simply left a note for plaintiff stating: "Will have to postpone
Province of Pangasinan vs. Palisoc, L-16519, October 30, 1962, wedding — My mother opposes it ... " He enplaned to his home
this Court pointed out that the procedure of designating the clerk city in Mindanao, and the next day, the day before the wedding,
of court as commissioner to receive evidence is sanctioned by he wired plaintiff: "Nothing changed rest assured returning
Rule 34 (now Rule 33) of the Rules of Court. Now as to soon." But he never returned and was never heard from again.
defendant's consent to said procedure, the same did not have to
Surely this is not a case of mere breach of promise to marry. As
stated, mere breach of promise to marry is not an actionable
wrong. But to formally set a wedding and go through all the
above-described preparation and publicity, only to walk out of it
when the matrimony is about to be solemnized, is quite different.
This is palpably and unjustifiably contrary to good customs for
which defendant must be held answerable in damages in
accordance with Article 21 aforesaid.
Defendant urges in his afore-stated petition that the damages
awarded were excessive. No question is raised as to the award
of actual damages. What defendant would really assert
hereunder is that the award of moral and exemplary damages,
in the amount of P25,000.00, should be totally eliminated.
Per express provision of Article 2219 (10) of the New Civil Code,
moral damages are recoverable in the cases mentioned in
Article 21 of said Code. As to exemplary damages, defendant
contends that the same could not be adjudged against him
because under Article 2232 of the New Civil Code the condition
precedent is that "the defendant acted in a wanton, fraudulent,
reckless, oppressive, or malevolent manner." The argument is
devoid of merit as under the above-narrated circumstances of
this case defendant clearly acted in a "wanton ... , reckless [and]
oppressive manner." This Court's opinion, however, is that
considering the particular circumstances of this case,
P15,000.00 as moral and exemplary damages is deemed to be
a reasonable award.
PREMISES CONSIDERED, with the above-indicated
modification, the lower court's judgment is hereby affirmed, with
costs.
Republic of the Philippines pay Dan T. Lim the value of the raw materials or deliver to him
SUPREME COURT their finished products of equivalent value.6
Manila
Dan T. Lim alleged that when he delivered the raw materials,
THIRD DIVISION Arco Pulp and Paper issued a post-dated check dated April 18,
20077 in the amount of 1,487,766.68 as partial payment, with
G.R. No. 206806 June 25, 2014 the assurance that the check would not bounce.8 When he
deposited the check on April 18, 2007, it was dishonored for
ARCO PULP AND PAPER CO., INC. and CANDIDA A. being drawn against a closed account.9
SANTOS, Petitioners,
vs. On the same day, Arco Pulp and Paper and a certain Eric Sy
DAN T. LIM, doing business under the name and style of executed a memorandum of agreement10 where Arco Pulp and
QUALITY PAPERS & PLASTIC PRODUCTS Paper bound themselves to deliver their finished products to
ENTERPRISES, Respondent. Megapack Container Corporation, owned by Eric Sy, for his
account. According to the memorandum, the raw materials
D E C I S I O N would be supplied by Dan T. Lim, through his company, Quality
Paper and Plastic Products. The memorandum of agreement
LEONEN, J.: reads as follows:
Novation must be stated in clear and unequivocal terms to Per meeting held at ARCO, April 18, 2007, it has been mutually
extinguish an obligation. It cannot be presumed and may be agreed between Mrs. Candida A. Santos and Mr. Eric Sy that
implied only if the old and new contracts are incompatible on ARCO will deliver 600 tons Test Liner 150/175 GSM, full width
every point. 76 inches at the price of ₱18.50 per kg. to Megapack Container
for Mr. Eric Sy’s account. Schedule of deliveries are as follows:
Before us is a petition for review on certiorari1 assailing the
Court of Appeals’ decision2 in CA-G.R. CV No. 95709, which . . . .
stemmed from a complaint3 filed in the Regional Trial Court of
Valenzuela City, Branch 171, for collection of sum of money. It has been agreed further that the Local OCC materials to be
used for the production of the above Test Liners will be supplied
The facts are as follows: by Quality Paper & Plastic Products Ent., total of 600 Metric
Tons at ₱6.50 per kg. (price subject to change per advance
Dan T. Lim works in the business of supplying scrap papers, notice). Quantity of Local OCC delivery will be based on the
cartons, and other raw materials, under the name Quality Paper quantity of Test Liner delivered to Megapack Container Corp.
and Plastic Products, Enterprises, to factories engaged in the based on the above production schedule.11
paper mill business.4 From February 2007 to March 2007, he
delivered scrap papers worth 7,220,968.31 to Arco Pulp and On May 5, 2007, Dan T.Lim sent a letter12 to Arco Pulp and
Paper Company, Inc. (Arco Pulp and Paper) through its Chief Paper demanding payment of the amount of 7,220,968.31, but
Executive Officer and President, Candida A. Santos.5 The no payment was made to him.13
parties allegedly agreed that Arco Pulp and Paper would either
Dan T. Lim filed a complaint14 for collection of sum of money On one hand, petitioners argue that the execution of the
with prayer for attachment with the Regional Trial Court, Branch memorandum of agreement constituted a novation of the
171, Valenzuela City, on May 28, 2007. Arco Pulp and Paper original obligation since Eric Sy became the new debtor of
filed its answer15 but failed to have its representatives attend the respondent. They also argue that there is no legal basis to hold
pre-trial hearing. Hence, the trial court allowed Dan T. Lim to petitioner Candida A. Santos personally liable for the transaction
present his evidence ex parte.16 that petitioner corporation entered into with respondent. The
Court of Appeals, they allege, also erred in awarding moral and
On September 19, 2008, the trial court rendered a judgment in exemplary damages and attorney’s fees to respondent who did
favor of Arco Pulp and Paper and dismissed the complaint, not show proof that he was entitled to damages.27
holding that when Arco Pulp and Paper and Eric Sy entered into
the memorandum of agreement, novation took place, which Respondent, on the other hand, argues that the Court of
extinguished Arco Pulp and Paper’s obligation to Dan T. Lim.17 Appeals was correct in ruling that there was no proper novation
in this case. He argues that the Court of Appeals was correct in
Dan T. Lim appealed18 the judgment with the Court of Appeals. ordering the payment of 7,220,968.31 with damages since the
According to him, novation did not take place since the debt of petitioners remains unpaid.28 He also argues that the
memorandum of agreement between Arco Pulp and Paper and Court of Appeals was correct in holding petitioners solidarily
Eric Sy was an exclusive and private agreement between them. liable since petitioner Candida A. Santos was "the prime mover
He argued that if his name was mentioned in the contract, it was for such outstanding corporate liability."29 In their reply,
only for supplying the parties their required scrap papers, where petitioners reiterate that novation took place since there was
his conformity through a separate contract was indispensable.19 nothing in the memorandum of agreement showing that the
obligation was alternative. They also argue that when
On January 11, 2013, the Court of Appeals20 rendered a respondent allowed them to deliver the finished products to Eric
decision21 reversing and setting aside the judgment dated Sy, the original obligation was novated.30
September 19, 2008 and ordering Arco Pulp and Paper to jointly
and severally pay Dan T. Lim the amount of ₱7,220,968.31 with A rejoinder was submitted by respondent, but it was noted
interest at 12% per annum from the time of demand;; ₱50,000.00 without action in view of A.M. No. 99-2-04-SC dated November
moral damages;; ₱50,000.00 exemplary damages;; and 21, 2000.31
₱50,000.00 attorney’s fees.22
The issues to be resolved by this court are as follows:
The appellate court ruled that the facts and circumstances in
this case clearly showed the existence of an alternative 1. Whether the obligation between the parties was
obligation.23 It also ruled that Dan T. Lim was entitled to extinguished by novation
damages and attorney’s fees due to the bad faith exhibited by
Arco Pulp and Paper in not honoring its undertaking.24 2. Whether Candida A. Santos was solidarily liable with
Arco Pulp and Paper Co., Inc.
Its motion for reconsideration25 having been denied,26 Arco Pulp
and Paper and its President and Chief Executive Officer, 3. Whether moral damages, exemplary damages, and
Candida A. Santos, bring this petition for review on certiorari. attorney’s fees can be awarded
The petition is denied. The appellate court, therefore, correctly identified the obligation
between the parties as an alternative obligation, whereby
The obligation between the petitioner Arco Pulp and Paper, after receiving the raw materials
parties was an alternative from respondent, would either pay him the price of the raw
obligation materials or, in the alternative, deliver to him the finished
products of equivalent value.
The rule on alternative obligations is governed by Article 1199 of
the Civil Code, which states: When petitioner Arco Pulp and Paper tendered a check to
respondent in partial payment for the scrap papers, they
Article 1199. A person alternatively bound by different exercised their option to pay the price. Respondent’s receipt of
prestations shall completely perform one of them. the check and his subsequent act of depositing it constituted his
notice of petitioner Arco Pulp and Paper’s option to pay.
The creditor cannot be compelled to receive part of one and part
of the other undertaking. This choice was also shown by the terms of the memorandum of
agreement, which was executed on the same day. The
"In an alternative obligation, there is more than one object, and memorandum declared in clear terms that the delivery of
the fulfillment of one is sufficient, determined by the choice of petitioner Arco Pulp and Paper’s finished products would be to a
the debtor who generally has the right of election."32 The right of third person, thereby extinguishing the option to deliver the
election is extinguished when the party who may exercise that finished products of equivalent value to respondent.
option categorically and unequivocally makes his or her choice
known.33 The memorandum of
agreement did not constitute
The choice of the debtor must also be communicated to the a novation of the original
creditor who must receive notice of it since: The object of this contract
notice is to give the creditor . . . opportunity to express his
consent, or to impugn the election made by the debtor, and only The trial court erroneously ruled that the execution of the
after said notice shall the election take legal effect when memorandum of agreement constituted a novation of the
consented by the creditor, or if impugned by the latter, when contract between the parties. When petitioner Arco Pulp and
declared proper by a competent court.34 Paper opted instead to deliver the finished products to a third
person, it did not novate the original obligation between the
According to the factual findings of the trial court and the parties.
appellate court, the original contract between the parties was for
respondent to deliver scrap papers worth ₱7,220,968.31 to The rules on novation are outlined in the Civil Code, thus:
petitioner Arco Pulp and Paper. The payment for this delivery
became petitioner Arco Pulp and Paper’s obligation. By Article 1291. Obligations may be modified by:
agreement, petitioner Arco Pulp and Paper, as the debtor, had
the option to either (1) pay the price or(2) deliver the finished (1) Changing their object or principal conditions;;
products of equivalent value to respondent.35
(2) Substituting the person of the debtor;;
(3) Subrogating a third person in the rights of the creditor. initiative for the change does not come from — and may even
(1203) be made without the knowledge of — the debtor, since it
consists of a third person’s assumption of the obligation. As
Article 1292. In order that an obligation may be extinguished by such, it logically requires the consent of the third person and the
another which substitute the same, it is imperative that it be so creditor. In delegacion, the debtor offers, and the creditor
declared in unequivocal terms, or that the old and the new accepts, a third person who consents to the substitution and
obligations be on every point incompatible with each other. assumes the obligation;; thus, the consent of these three
(1204) persons are necessary. Both modes of substitution by the
debtor require the consent of the creditor.
Article 1293. Novation which consists in substituting a new
debtor in the place of the original one, may be made even Novation may also be extinctive or modificatory. It is extinctive
without the knowledge or against the will of the latter, but not when an old obligation is terminated by the creation of a new
without the consent of the creditor. Payment by the new debtor one that takes the place of the former. It is merely modificatory
gives him the rights mentioned in Articles 1236 and 1237. when the old obligation subsists to the extent that it remains
(1205a) compatible with the amendatory agreement. Whether extinctive
or modificatory, novation is made either by changing the object
Novation extinguishes an obligation between two parties when or the principal conditions, referred to as objective or real
there is a substitution of objects or debtors or when there is novation;; or by substituting the person of the debtor or
subrogation of the creditor. It occurs only when the new contract subrogating a third person to the rights of the creditor, an act
declares so "in unequivocal terms" or that "the old and the new known as subjective or personal novation. For novation to take
obligations be on every point incompatible with each other."36 place, the following requisites must concur:
Novation was extensively discussed by this court in Garcia v. 1) There must be a previous valid obligation.
Llamas:37
2) The parties concerned must agree to a new contract.
Novation is a mode of extinguishing an obligation by changing
its objects or principal obligations, by substituting a new debtor 3) The old contract must be extinguished.
in place of the old one, or by subrogating a third person to the
rights of the creditor. Article 1293 of the Civil Code defines 4) There must be a valid new contract.
novation as follows:
Novation may also be express or implied. It is express when the
"Art. 1293. Novation which consists in substituting a new debtor new obligation declares in unequivocal terms that the old
in the place of the original one, may be made even without the obligation is extinguished. It is implied when the new obligation
knowledge or against the will of the latter, but not without the is incompatible with the old one on every point. The test of
consent of the creditor. Payment by the new debtor gives him incompatibility is whether the two obligations can stand together,
rights mentioned in articles 1236 and 1237." each one with its own independent existence.38 (Emphasis
supplied)
In general, there are two modes of substituting the person of the
debtor: (1) expromision and (2) delegacion. In expromision, the
Because novation requires that it be clear and unequivocal, it is petitioner Arco Pulp and Paper to respondent. Neither of these
never presumed, thus: circumstances is present in this case.
In the civil law setting, novatio is literally construed as to make Petitioner Arco Pulp and Paper’s act of tendering partial
new. So it is deeply rooted in the Roman Law jurisprudence, the payment to respondent also conflicts with their alleged intent to
principle — novatio non praesumitur —that novation is never pass on their obligation to Eric Sy. When respondent sent his
presumed.At bottom, for novation tobe a jural reality, its animus letter of demand to petitioner Arco Pulp and Paper, and not to
must be ever present, debitum pro debito — basically Eric Sy, it showed that the former neither acknowledged nor
extinguishing the old obligation for the new one.39 (Emphasis consented to the latter as his new debtor. These acts, when
supplied) There is nothing in the memorandum of agreement taken together, clearly show that novation did not take place.
that states that with its execution, the obligation of petitioner Since there was no novation, petitioner Arco Pulp and Paper’s
Arco Pulp and Paper to respondent would be extinguished. It obligation to respondent remains valid and existing. Petitioner
also does not state that Eric Sy somehow substituted petitioner Arco Pulp and Paper, therefore, must still pay respondent the
Arco Pulp and Paper as respondent’s debtor. It merely shows full amount of ₱7,220,968.31.
that petitioner Arco Pulp and Paper opted to deliver the finished
products to a third person instead. Petitioners are liable for
damages
The consent of the creditor must also be secured for the
novation to be valid: Under Article 2220 of the Civil Code, moral damages may be
awarded in case of breach of contract where the breach is due
Novation must be expressly consented to. Moreover, the to fraud or bad faith:
conflicting intention and acts of the parties underscore the
absence of any express disclosure or circumstances with which Art. 2220. Willfull injury to property may be a legal ground for
to deduce a clear and unequivocal intent by the parties to awarding moral damages if the court should find that, under the
novate the old agreement.40 (Emphasis supplied) circumstances, such damages are justly due. The same rule
applies to breaches of contract where the defendant acted
In this case, respondent was not privy to the memorandum of fraudulently or in bad faith. (Emphasis supplied)
agreement, thus, his conformity to the contract need not be
secured. This is clear from the first line of the memorandum, Moral damages are not awarded as a matter of right but only
which states: after the party claiming it proved that the breach was due to
fraud or bad faith. As this court stated:
Per meeting held at ARCO, April 18, 2007, it has been mutually
agreed between Mrs. Candida A. Santos and Mr. Eric Sy. . . .41 Moral damages are not recoverable simply because a contract
has been breached. They are recoverable only if the party from
If the memorandum of agreement was intended to novate the whom it is claimed acted fraudulently or in bad faith or in wanton
original agreement between the parties, respondent must have disregard of his contractual obligations. The breach must be
first agreed to the substitution of Eric Sy as his new debtor. The wanton, reckless, malicious or in bad faith, and oppressive or
memorandum of agreement must also state in clear and abusive.42
unequivocal terms that it has replaced the original obligation of
Further, the following requisites must be proven for the recovery (6) Illegal search;;
of moral damages:
(7) Libel, slander or any other form of defamation;;
An award of moral damages would require certain conditions to
be met, to wit: (1)first, there must be an injury, whether physical, (8) Malicious prosecution;;
mental or psychological, clearly sustained by the claimant;; (2)
second, there must be culpable act or omission factually (9) Acts mentioned in Article 309;;
established;; (3) third, the wrongful act or omission of the
defendant is the proximate cause of the injury sustained by the (10) Acts and actions referred to in Articles 21, 26, 27,
claimant;; and (4) fourth, the award of damages is predicated on 28, 29, 30, 32, 34, and 35.
any of the cases stated in Article 2219 of the Civil Code.43
Breaches of contract done in bad faith, however, are not
Here, the injury suffered by respondent is the loss of specified within this enumeration. When a party breaches a
₱7,220,968.31 from his business. This has remained unpaid contract, he or she goes against Article 19 of the Civil Code,
since 2007. This injury undoubtedly was caused by petitioner which states: Article 19. Every person must, in the exercise of
Arco Pulp and Paper’s act of refusing to pay its obligations. his rights and in the performance of his duties, act with justice,
give everyone his due, and observe honesty and good faith.
When the obligation became due and demandable, petitioner
Arco Pulp and Paper not only issued an unfunded check but Persons who have the right to enter into contractual relations
also entered into a contract with a third person in an effort to must exercise that right with honesty and good faith. Failure to
evade its liability. This proves the third requirement. do so results in an abuse of that right, which may become the
basis of an action for damages. Article 19, however, cannot be
As to the fourth requisite, Article 2219 of the Civil Code provides its sole basis:
that moral damages may be awarded in the following instances:
Article 19 is the general rule which governs the conduct of
Article 2219. Moral damages may be recovered in the following human relations. By itself, it is not the basis of an actionable tort.
and analogous cases: Article 19 describes the degree of care required so that an
actionable tort may arise when it is alleged together with Article
(1) A criminal offense resulting in physical injuries;; 20 or Article 21.44
(2) Quasi-delicts causing physical injuries;; Article 20 and 21 of the Civil Code are as follows:
(3) Seduction, abduction, rape, or other lascivious acts;; Article 20. Every person who, contrary to law, wilfully or
negligently causes damage to another, shall indemnify the latter
(4) Adultery or concubinage;; for the same.
When parties act in bad faith and do not faithfully comply with When petitioner Arco Pulp and Paper issued a check in partial
their obligations under contract, they run the risk of violating payment of its obligation to respondent, it was presumably with
Article 1159 of the Civil Code: the knowledge that it was being drawn against a closed account.
Worse, it attempted to shift their obligations to a third person
Article 1159. Obligations arising from contracts have the force of without the consent of respondent.
law between the contracting parties and should be complied
with in good faith. Petitioner Arco Pulp and Paper’s actions clearly show "a
dishonest purpose or some moral obliquity and conscious doing
Article 2219, therefore, is not an exhaustive list of the instances of a wrong, a breach of known duty through some motive or
where moral damages may be recovered since it only specifies, interest or ill will that partakes of the nature of fraud."48 Moral
among others, Article 21. When a party reneges on his or her damages may, therefore, be awarded.
obligations arising from contracts in bad faith, the act is not only
contrary to morals, good customs, and public policy;; it is also a
violation of Article 1159. Breaches of contract become the basis
Exemplary damages may also be awarded. Under the Civil malice, gross negligence or recklessness, oppression, insult or
Code, exemplary damages are due in the following fraud or gross fraud—that intensifies the injury. The terms
circumstances: punitive or vindictive damages are often used to refer to those
species of damages that may be awarded against a person to
Article 2232. In contracts and quasi-contracts, the court may punish him for his outrageous conduct. In either case, these
award exemplary damages if the defendant acted in a wanton, damages are intended in good measure to deter the wrongdoer
fraudulent, reckless, oppressive, or malevolent manner. and others like him from similar conduct in the
future.50 (Emphasis supplied;; citations omitted)
Article 2233. Exemplary damages cannot be recovered as a
matter of right;; the court will decide whether or not they should The requisites for the award of exemplary damages are as
be adjudicated. follows:
Article 2234. While the amount of the exemplary damages need (1) they may be imposed by way of example in addition to
not be proven, the plaintiff must show that he is entitled to compensatory damages, and only after the claimant's
moral, temperate or compensatory damages before the court right to them has been established;;
may consider the question of whether or not exemplary
damages should be awarded. (2) that they cannot be recovered as a matter of right,
their determination depending upon the amount of
In Tankeh v. Development Bank of the Philippines,49 we stated compensatory damages that may be awarded to the
that: claimant;; and
The purpose of exemplary damages is to serve as a deterrent to (3) the act must be accompanied by bad faith or done in
future and subsequent parties from the commission of a similar a wanton, fraudulent, oppressive or malevolent manner.51
offense. The case of People v. Ranteciting People v. Dalisay
held that: Business owners must always be forthright in their dealings.
They cannot be allowed to renege on their obligations,
Also known as ‘punitive’ or ‘vindictive’ damages, exemplary or considering that these obligations were freely entered into by
corrective damages are intended to serve as a deterrent to them. Exemplary damages may also be awarded in this case to
serious wrong doings, and as a vindication of undue sufferings serve as a deterrent to those who use fraudulent means to
and wanton invasion of the rights of an injured or a punishment evade their liabilities.
for those guilty of outrageous conduct. These terms are
generally, but not always, used interchangeably. In common Since the award of exemplary damages is proper, attorney’s
law, there is preference in the use of exemplary damages when fees and cost of the suit may also be recovered.
the award is to account for injury to feelings and for the sense of
indignity and humiliation suffered by a person as a result of an Article 2208 of the Civil Code states:
injury that has been maliciously and wantonly inflicted, the
theory being that there should be compensation for the hurt Article 2208. In the absence of stipulation, attorney's fees and
caused by the highly reprehensible conduct of the defendant— expenses of litigation, other than judicial costs, cannot be
associated with such circumstances as willfulness, wantonness, recovered, except:
(1) When exemplary damages are awarded[.] corporate fiction is a question of fact which cannot be the
Petitioner Candida A. Santos subject of a petition for review on certiorari under Rule 45, this
is solidarily liable with Court can take cognizance of factual issues if the findings of the
petitioner corporation lower court are not supported by the evidence on record or are
based on a misapprehension of facts.53 (Emphasis supplied)
Petitioners argue that the finding of solidary liability was
erroneous since no evidence was adduced to prove that the As a general rule, directors, officers, or employees of a
transaction was also a personal undertaking of petitioner corporation cannot be held personally liable for obligations
Santos. We disagree. incurred by the corporation. However, this veil of corporate
fiction may be pierced if complainant is able to prove, as in this
In Heirs of Fe Tan Uy v. International Exchange Bank,52 we case, that (1) the officer is guilty of negligence or bad faith, and
stated that: (2) such negligence or bad faith was clearly and convincingly
proven.
Basic is the rule in corporation law that a corporation is a
juridical entity which is vested with a legal personality separate Here, petitioner Santos entered into a contract with respondent
and distinct from those acting for and in its behalf and, in in her capacity as the President and Chief Executive Officer of
general, from the people comprising it. Following this principle, Arco Pulp and Paper. She also issued the check in partial
obligations incurred by the corporation, acting through its payment of petitioner corporation’s obligations to respondent on
directors, officers and employees, are its sole liabilities. A behalf of petitioner Arco Pulp and Paper. This is clear on the
director, officer or employee of a corporation is generally not face of the check bearing the account name, "Arco Pulp &
held personally liable for obligations incurred by the corporation. Paper, Co., Inc."54 Any obligation arising from these acts would
Nevertheless, this legal fiction may be disregarded if it is used not, ordinarily, be petitioner Santos’ personal undertaking for
as a means to perpetrate fraud or an illegal act, or as a vehicle which she would be solidarily liable with petitioner Arco Pulp and
for the evasion of an existing obligation, the circumvention of Paper.
statutes, or to confuse legitimate issues.
We find, however, that the corporate veil must be pierced. In
. . . . Livesey v. Binswanger Philippines:55
Before a director or officer of a corporation can be held Piercing the veil of corporate fiction is an equitable doctrine
personally liable for corporate obligations, however, the developed to address situations where the separate corporate
following requisites must concur: (1) the complainant must personality of a corporation is abused or used for wrongful
allege in the complaint that the director or officer assented to purposes. Under the doctrine, the corporate existence may be
patently unlawful acts of the corporation, or that the officer was disregarded where the entity is formed or used for non-
guilty of gross negligence or bad faith;; and (2) the complainant legitimate purposes, such as to evade a just and due obligation,
must clearly and convincingly prove such unlawful acts, or to justify a wrong, to shield or perpetrate fraud or to carry out
negligence or bad faith. similar or inequitable considerations, other unjustifiable aims or
intentions, in which case, the fiction will be disregarded and the
While it is true that the determination of the existence of any of individuals composing it and the two corporations will be treated
the circumstances that would warrant the piercing of the veil of as identical.56 (Emphasis supplied)
According to the Court of Appeals, petitioner Santos was To recapitulate and for future guidance, the guidelines laid down
solidarily liable with petitioner Arco Pulp and Paper, stating that: in the case of Eastern Shipping Linesare accordingly modified to
embody BSP-MB Circular No. 799, as follows:
In the present case, We find bad faith on the part of the
[petitioners] when they unjustifiably refused to honor their I. When an obligation, regardless of its source, i.e., law,
undertaking in favor of the [respondent]. After the check in the contracts, quasi-contracts, delicts or quasi-delicts is breached,
amount of 1,487,766.68 issued by [petitioner] Santos was the contravenor can be held liable for damages. The provisions
dishonored for being drawn against a closed account, under Title XVIII on "Damages" of the Civil Code govern in
[petitioner] corporation denied any privity with [respondent]. determining the measure of recoverable damages.
These acts prompted the [respondent] to avail of the remedies
provided by law in order to protect his rights.57 II. With regard particularly to an award of interest in the concept
of actual and compensatory damages, the rate of interest, as
We agree with the Court of Appeals. Petitioner Santos cannot well as the accrual thereof, is imposed, as follows:
be allowed to hide behind the corporate veil.1âwphi1 When
petitioner Arco Pulp and Paper’s obligation to respondent 1. When the obligation is breached, and it consists in the
became due and demandable, she not only issued an unfunded payment of a sum of money, i.e., a loan or forbearance of
check but also contracted with a third party in an effort to shift money, the interest due should be that which may have
petitioner Arco Pulp and Paper’s liability. She unjustifiably been stipulated in writing. Furthermore, the interest due
refused to honor petitioner corporation’s obligations to shall itself earn legal interest from the time it is judicially
respondent. These acts clearly amount to bad faith. In this demanded. In the absence of stipulation, the rate of
instance, the corporate veil may be pierced, and petitioner interest shall be 6% per annum to be computed from
Santos may be held solidarily liable with petitioner Arco Pulp default, i.e., from judicial or extrajudicial demand under
and Paper. and subject to the provisions of Article 1169 of the Civil
Code.
The rate of interest due on
the obligation must be 2. When an obligation, not constituting a loan or
reduced in view of Nacar v. forbearance of money, is breached, an interest on the
Gallery Frames58 amount of damages awarded may be imposed at the
discretion of the court at the rate of 6% per annum. No
In view, however, of the promulgation by this court of the interest, however, shall be adjudged on unliquidated
decision dated August 13, 2013 in Nacar v. Gallery claims or damages, except when or until the demand can
Frames,59 the rate of interest due on the obligation must be be established with reasonable certainty. Accordingly,
modified from 12% per annum to 6% per annum from the time of where the demand is established with reasonable
demand. certainty, the interest shall begin to run from the time the
claim is made judicially or extrajudicially (Art. 1169, Civil
Nacar effectively amended the guidelines stated in Eastern Code), but when such certainty cannot be so reasonably
Shipping v. Court of Appeals,60 and we have laid down the established at the time the demand is made, the interest
following guidelines with regard to the rate of legal interest: shall begin to run only from the date the judgment of the
court is made (at which time the quantification of
damages may be deemed to have been reasonably
ascertained). The actual base for the computation of legal
interest shall, in any case, be on the amount finally
adjudged.
3. When the judgment of the court awarding a sum of
money becomes final and executory, the rate of legal
interest, whether the case falls under paragraph 1 or
paragraph 2, above, shall be 6% per annum from such
finality until its satisfaction, this interim period being
deemed to be by then an equivalent to a forbearance of
credit.
And, in addition to the above, judgments that have become final
and executory prior to July 1, 2013, shall not be disturbed and
shall continue to be implemented applying the rate of interest
fixed therein.61 (Emphasis supplied;; citations omitted.)
According to these guidelines, the interest due on the obligation
of ₱7,220,968.31 should now be at 6% per annum, computed
from May 5, 2007, when respondent sent his letter of demand to
petitioners. This interest shall continue to be due from the finality
of this decision until its full satisfaction.
WHEREFORE, the petition is DENIED in part. The decision in
CA-G.R. CV No. 95709 is AFFIRMED.
Petitioners Arco Pulp & Paper Co., Inc. and Candida A. Santos
are hereby ordered solidarily to pay respondent Dan T. Lim the
amount of ₱7,220,968.31 with interest of 6% per annum at the
time of demand until finality of judgment and its full satisfaction,
with moral damages in the amount of ₱50,000.00, exemplary
damages in the amount of ₱50,000.00, and attorney's fees in
the amount of ₱50,000.00.
SO ORDERED.
Republic of the Philippines conceal her pregnancy from her parent, and acting on the
SUPREME COURT advice of her aunt, she had herself aborted by the
Manila defendant. After her marriage with the plaintiff, she again
became pregnant. As she was then employed in the
EN BANC Commission on Elections and her pregnancy proved to
be inconvenient, she had herself aborted again by the
G.R. No. L-16439 July 20, 1961 defendant in October 1953. Less than two years later,
she again became pregnant. On February 21, 1955,
ANTONIO GELUZ, petitioner, accompanied by her sister Purificacion and the latter's
vs. daughter Lucida, she again repaired to the defendant's
THE HON. COURT OF APPEALS and OSCAR clinic on Carriedo and P. Gomez streets in Manila, where
LAZO, respondents. the three met the defendant and his wife. Nita was again
aborted, of a two-month old foetus, in consideration of the
Mariano H. de Joya for petitioner. sum of fifty pesos, Philippine currency. The plaintiff was
A.P. Salvador for respondents. at this time in the province of Cagayan, campaigning for
his election to the provincial board;; he did not know of,
REYES, J.B.L., J.: nor gave his consent, to the abortion.
This petition for certiorari brings up for review question whether It is the third and last abortion that constitutes plaintiff's basis in
the husband of a woman, who voluntarily procured her abortion, filing this action and award of damages. Upon application of the
could recover damages from physician who caused the same. defendant Geluz we granted certiorari.
The litigation was commenced in the Court of First Instance of The Court of Appeals and the trial court predicated the award of
Manila by respondent Oscar Lazo, the of Nita Villanueva, damages in the sum of P3,000.06 upon the provisions of the
against petitioner Antonio Geluz, a physician. Convinced of the initial paragraph of Article 2206 of the Civil Code of the
merits of the complaint upon the evidence adduced, the trial Philippines. This we believe to be error, for the said article, in
court rendered judgment favor of plaintiff Lazo and against fixing a minimum award of P3,000.00 for the death of a person,
defendant Geluz, ordering the latter to pay P3,000.00 as does not cover the case of an unborn foetus that is not endowed
damages, P700.00 attorney's fees and the costs of the suit. On with personality. Under the system of our Civil Code, "la criatura
appeal, Court of Appeals, in a special division of five, sustained abortiva no alcanza la categoria de persona natural y en
the award by a majority vote of three justices as against two, consscuencia es un ser no nacido a la vida del Derecho"
who rendered a separate dissenting opinion. (Casso-Cervera, "Diccionario de Derecho Privado", Vol. 1, p.
49), being incapable of having rights and obligations.
The facts are set forth in the majority opinion as follows:
Since an action for pecuniary damages on account of personal
Nita Villanueva came to know the defendant (Antonio injury or death pertains primarily to the one injured, it is easy to
Geluz) for the first time in 1948 — through her aunt Paula see that if no action for such damages could be instituted on
Yambot. In 1950 she became pregnant by her present behalf of the unborn child on account of the injuries it received,
husband before they were legally married. Desiring to no such right of action could derivatively accrue to its parents or
heirs. In fact, even if a cause of action did accrue on behalf of are that he was likewise aware of the first. Yet despite the
the unborn child, the same was extinguished by its pre-natal suspicious repetition of the event, he appeared to have taken no
death, since no transmission to anyone can take place from on steps to investigate or pinpoint the causes thereof, and secure
that lacked juridical personality (or juridical capacity as the punishment of the responsible practitioner. Even after
distinguished from capacity to act). It is no answer to invoke the learning of the third abortion, the appellee does not seem to
provisional personality of a conceived child (conceptus pro nato have taken interest in the administrative and criminal cases
habetur) under Article 40 of the Civil Code, because that same against the appellant. His only concern appears to have been
article expressly limits such provisional personality by imposing directed at obtaining from the doctor a large money payment,
the condition that the child should be subsequently born alive: since he sued for P50,000.00 damages and P3,000.00
"provided it be born later with the condition specified in the attorney's fees, an "indemnity" claim that, under the
following article". In the present case, there is no dispute that circumstances of record, was clearly exaggerated.
the child was dead when separated from its mother's womb.
The dissenting Justices of the Court of Appeals have aptly
The prevailing American jurisprudence is to the same effect;; and remarked that:
it is generally held that recovery can not had for the death of an
unborn child (Stafford vs. Roadway Transit Co., 70 F. Supp. It seems to us that the normal reaction of a husband who
555;; Dietrich vs. Northampton, 52 Am. Rep. 242;; and numerous righteously feels outraged by the abortion which his wife
cases collated in the editorial note, 10 ALR, (2d) 639). has deliberately sought at the hands of a physician would
be highminded rather than mercenary;; and that his
This is not to say that the parents are not entitled to collect any primary concern would be to see to it that the medical
damages at all. But such damages must be those inflicted profession was purged of an unworthy member rather
directly upon them, as distinguished from the injury or violation than turn his wife's indiscretion to personal profit, and
of the rights of the deceased, his right to life and physical with that idea in mind to press either the administrative or
integrity. Because the parents can not expect either help, the criminal cases he had filed, or both, instead of
support or services from an unborn child, they would normally abandoning them in favor of a civil action for damages of
be limited to moral damages for the illegal arrest of the normal which not only he, but also his wife, would be the
development of the spes hominis that was the foetus, i.e., on beneficiaries.
account of distress and anguish attendant to its loss, and the
disappointment of their parental expectations (Civ. Code Art. It is unquestionable that the appellant's act in provoking the
2217), as well as to exemplary damages, if the circumstances abortion of appellee's wife, without medical necessity to warrant
should warrant them (Art. 2230). But in the case before us, both it, was a criminal and morally reprehensible act, that can not be
the trial court and the Court of Appeals have not found any basis too severely condemned;; and the consent of the woman or that
for an award of moral damages, evidently because the of her husband does not excuse it. But the immorality or
appellee's indifference to the previous abortions of his wife, also illegality of the act does not justify an award of damage that,
caused by the appellant herein, clearly indicates that he was under the circumstances on record, have no factual or legal
unconcerned with the frustration of his parental hopes and basis.
affections. The lower court expressly found, and the majority
opinion of the Court of Appeals did not contradict it, that the The decision appealed from is reversed, and the complaint
appellee was aware of the second abortion;; and the probabilities ordered dismissed. Without costs.
Republic of the Philippines in the death of his wife, Kadidia Kalangtongan and his six
SUPREME COURT children, namely, Daduman Malaguianon Locaydal Pinangcong,
Manila Baingkong and Abdul Rakman all surnamed Kusain He and one
of his daughters, Undang Kosain who was about six years old,
EN BANC survived although wounded. They were able to run to the
houses of their neighbors, and were later brought to the
G.R. No. L-30538 January 31, 1981 municipal building where they reported to the police and were
given medical attention.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs. For the death of Kosains wife and his six children, as well as for
BONIFACIO TIROL and CIRIACO BALDESCO, defendants- the wounding of himself and his daughter Undang, fourteen (14)
appellants. persons were charged (p. 3, Vol. II, rec with multiple murder and
double frustrated murder by the Matalam Chief of Police, and
these were: Nicolas Bate, Beatingco Junior, Ruperto Diosma
Pablo Diosma Lorenzo Canio Durico Sugang Teofilo Baldesco,
PER CURIAM: Ciriaco Baldesco, Julian Casiag Nick Bunque a certain Miestizo
Sofring Romualdo, and Bonifacio Bautista [later amended to
Review of the decision of the Court of First Instance of Bonifacio Tirol p. 29, Vol. 11, record of the fourteen, only Ciriaco
Cotabato, Branch III, in Criminal Case No. 360, dated March 31, Baldesco and Bonifacio Tirol were apprehended, while the rest
1969, imposing on Bonifacio Tirol and Ciriaco Baldesco the remain at large.
death penalty for each of the seven (7) murders and an
indeterminate sentence for each of the two (2) frustrated On February 17, 1966, after the second stage of prehn iinary
murders. investigation was waived by accused Ciriaco Baldesco and
Bonifacio Tirol, the acting Provincial Fiscal of Cotabato filed the
The following facts appear uncontroverted. following information (p. 37, Vol. II, rec.) against the two:
In the evening of December 4, 1965, while Kosain Manibpol was INFORMATION
sleeping with his family in their house at Kabalangasan
Matalam, Cotabato, he was awakened by the barking of their The undersigned Acting Provincial Fiscal accuses
dogs. When he got up to investigate, he saw two persons Bonifacio Tirol and Ciriaco Baldisco of the crime of
outside their house who had already come up. They were multiple murder with double frustrated murder,
Beatingco, Jr. and Julian Casian He asked them what they committed as follows:
came for, and they answered that they wanted to borrow part of
his land, to which he consented. After he gave his consent, That on or about December 4, 1965, in
Kulas Bati suddenly arrived, flashed his flashlight on his face Kobalangasan Barrio Lampayan, Matalam,
and boxed him. When he fell to the floor, the rest of his Province of Cotabato, Philippines, and within the
assailant's companions, numbering more than ten, who were afl jurisdiction of this Honorable Court, the said
armed with bladed weapons and firearms, also came and accused, in company with Nicolas Bate, Beatingco
hacked or boloed him, his wife and his seven children, resulting Junior, Ruperto Diosma Pablo Diosma Lorenzo
Canio Durico Sugang Teofilo Baldesco, Julian Kabalangasan Matalam, Cotabato. Two persons, Beatingco
Casiag Nick Bunque Miestizo Sopring Romualdo Junior and Julian Casian came ahead, immediately after he got
and Bonifacio Bautista who are still at large, up from his sleep to check what was causing the barking of their
conspiring and confederating together and dogs which awakened him. When he asked why they were
mutually helping one another, armed with bladed there, the two answered that they wanted to borrow his land, to
weapons and firearms did then and there wilfully, which he consented. Suddenly, Kulas Bate arrived, flashed his
unlawfully and feloniously, with treachery and flashlight on his face and boxed him. When he fell to the floor,
evident premeditation and with intent to kilt taking the rest of the armed men came and hacked or boloed not only
advantage of the cover of the night, attack, stab him but also Ws wife and seven children. Among the assailants
and shoot Kadidia Kalangtogan Duaduman Kosain he recognized aside from the three above-named, were
Malaguianon Kosain Locayda Kosain Penangcong Bonifacio Tirol, Ciriaco Baldesco, Ruperto Diosma Florencio
Ko Biacong Kosain and Abdul Rakman Kosain Cafio Dorico whose family name he forgot, Teofilo Baldesco, a
who as a result thereof, sustained mortal wounds certain mestizo and Sopring Romualdo. He actually saw Ciriaco
which directly caused their death and Kosain Baldesco hacking his wife with a bolo, and the "bungi"
Manibpol and Undang Kosain sustained serious harelipped Bonifacio Tirol hacking his eldest daughter. He had
wounds which ordinarily would have caused their known Bonifacio Tirol for two years before the incident and
death, thus performing all acts of execution which Ciriaco Baldesco for a longer period. His wife and six of his
should have produced the crime of double murder children died as a result of the sudden attack. He himself was
as a consequence thereof, but nevertheless did wounded at the outer part of his right arm, at the back of his
not produce it by reason of causes independent of right wrist and on his forehead, and his chest was badly beaten;;
the will of the accused, that is by the timely and but he survived because he was able to run to the house of a
able medical assistance rendered to said Kosain neighbor named Angcogan (t.s.n., pp. 1-10, Vol. III, rec.).
Manibpol and Undang Kosain which prevented
their death. On cross-examination, Kosain testified that when he was
investigated by the police, he was not sure of the surname of
Contrary to law, especially Articles 248 and 6 of accused Bonifacio, so he stated that it may be Bautista. He
the Revised Penal Code. learned later that the surname was Tirol He admitted that he
was confused when he stated earlier that he had known
The prosecution relied mainly on the testimonies of the two Bonifacio Bautista for one year and Bonifacio Tirol for two years.
survivors, Kosain Manibpol and his daughter Undang Kosain to Bonifacio Bautista and Bonifacio Tirol are one and the same
prove the guilt of the accused. The only other witness presented person. He further declared that after he had fallen down as a
by the prosecution was the municipal health officer who issued result of the blow by Kulas Bate, Sopring immediately hacked
the death certificates of the deceased and the medical certificate him. It was after he fell that he was able to observe the stabbing
of Kosain. and slashing of his family, because his assailants must have
thought him dead. He later fled to the house of Angcogan who
Kosain Manibpol 33 years old, widower and resident of ran away because of fear, but returned afterwards with
Kabalangasan Matalam, Cotabato, declared on direct companions and went to their house to verify what happened
examination that at about 8:00 P.M. on December 4, 1965, more (pp. 10-24, t.s.n., Vol. III, rec.).
than ten (10) persons, all armed, entered his house in
On questioning by the court, Kosain testified that on the night of (Benangkong), and her younger brother was Abdul Rakman
December 4, 1965 he slept with a petroleum fight burning in They all died when more than ten men went inside their house
their house as in fact they always slept with their house righted wle they were lying down on the mat. She did not see who
because their youngest child would cry if there was no light. hacked their father, but she saw Bonifacio Tirol hacking her
When he was attacked he was not able to shout for help three elder sisters, and Ciriaco Baldesco hacking his younger
because he was caught unaware. His eldest daughter, Danonan brother. They used kalsido or bolo. The other men were also
(Daduman) was the one who pleaded with their assailants not to armed with boloes, and one of them, Kulas Bati was with a
hack them as they had no fault, but she was also hacked and hit firearm. There was light inside their house at that time. Besides,
at the abdomen. At this stage he interchanged the assailants of it was moonlight night. Before the night of the hacking incident,
his wife and children by saying that Bonifacio Tirol hacked his she used to see Bonifacio Tirol passing by their house in going
wife and Ciriaco Baldesco hacked his eldest child (p. 29, t s. n to the house of Kulas Bati which is near their house. She has
Vol. III, rec.). not seen Ciriaco Baldesco before (t.s.n., pp. 69-75, Vol. III, rec.).
Undang Kosain about 6 years old, resident of Kabalangasan On cross-examination, Undang testified that she used to see
Matalam, Cotabato, corroborated the testimony of her father, Ciriaco Baldesco at their store where her family buys things.
Kosain Manibpol that she and her father are the only two in the The house of Baldesco is near the schools of her elder sisters.
family now, after her mother, sisters and brother had been killed She sometimes went with them to school. Her oldest sister was
by more than ten armed men who entered their house and hacked by Baldesco at the abdomen. Her two other elder sisters
attacked their family. Among their more than ten assailants, she were likewise hacked by Baldesco at the abdomen. Her younger
knows only three, namely, Kulas Bati, Ciriaco Baldesco and brother was hacked by Bonifacio Tirol Their house was lighted
another person whom she remembers only as "bungi" at that time, aside from the fact that it was bright because of the
(harelipped). Of the three she knows only two were in court, round moon. The accused Baldesco and Tirol were dressed in
namely Ciriaco Baldesco and the "bungi" Bonifacio Tirol She white and dark clothes. The color of the dark clothes was black,
Identified them by touching the shoulders of Baldesco and Tirol She does not know of any trouble between Ciriaco Baldesco or
(p. 65, t.s.n., Vol. III, rec.). She remembers Tirol distinctly Bonifacio Tirol and her father (t.s.n., PP79-85, Vol. III, rec.).
because of his appearance as "bungi." She did not see who
hacked her mother, but she saw "bungi" hack his younger The defense of both accused is alibi, and neither of them
brother and sister. Her elder sisters were hacked by Baldesco. disputed the facts established by the prosecution except to deny
She herself was hacked at her back by Kulas Bati She showed involvement in the crimes alluded to them.
in court her scar at the back of her left shoulder going diagonally
to the spinal column and measuring about 6 inches long and 3/4 Accused Ciriaco Baldesco, 48 years old, married and residing at
of an inch wide, which appear to have scars of stiches. Kabalangasan Matalam, Cotabato, testifying on his own behalf,
Afterwards, she went to the house of a neighbor named Antalig. declared that on December 4, 1965, he went home at about
6:00 P.M. after pasturing his carabao. He took his supper at
In answer to the court's questions, Undang declared that she 6:00 P.M. and listened to the radio up to 9:00 P.M.. Thereafter,
had three older sisters, two younger sisters and one younger he went to sleep (t.s.n., pp. 125- 130, Vol. Ill, rec.).
brother. Her elder sisters were Danonang (Daduman),
Maguianon (Malaguianan) and Lakaida (Locayda). Her younger To bolster his alibi, Baldesco presented Demetrio Riparip 25
sisters were Inangkong (Penangkong) and Bayangkong years old, single, a former teacher at Kabalangasan Elementary
School and boarder in the house of Baldesco, who declared that A friend from the logging company, Rufino Duan 23 years old,
he took his supper with the latter at his house at about 6:00 P.M. single and residing at Paco, Kidapawan, Cotabato, likewise
on December 4, 1965. Then he went to sleep at 7:00 P.M.. He corroborated Tirol's testimony that he was in Salat from
did not wake up till the following morning (t.s.n., pp. 96-112, Vol. December 2 to 7. 1965. The said accused stayed with him in the
III, rec.). camp he is occupying while he was at Salat for seven (7) days,
looking for work. In order to go to Salat froni Kabalangasan one
A daughter of Baldesco, Teofista Baldesco, 21 years old, has to take a ride on a truck (t.s.n., pp. 1 18122, Vol. III, rec.).
married, housekeeper and residing at Lampayan, Matalam,
Cotabato, likewise corroborated Baldesco's testimony that After trial, the trial court rendered its decision (pp. 6-28, Vol. I,
family, consisting of her father, mother, brother, and sister took rec.) dated March 31, 1969, the dispositive portion of which
supper in their house after 6.00 P.M., then listened to the radio reads as follows:
up to 9:00 P.M.. They went to sleep at 9:00 P.M. (t.s.n., pp. 115-
117, Vol. III, rec.). WHEREFORE, the court hereby finds the herein
accused, Bonifacio Tirol and Ciriaco Baldesco,
Accused Bonifacio Tirol, 31 years old, married and residing at guilty beyond reasonable doubt, of the crime of
Kabalangasan Matalam, Cotabato, likewise testified on his own murder of seven (,7) persons, namely: Daduman
behalf. He declared that he was in Salat, a part of Kabacan Klantongan Kosain [also written in the transcript of
Cotabato, from December 2 to 7, 1965, seeking employment as steno-type notes as Danonan and Dananong
a laborer in the logging firm of Felipe Tan. He left Kabalangasan Baingkong Kosain [also written in the transcript as
at 10:00 A.M., took a motorboat and arrived in Salat at 5:00 Bai Ingkong];; Abdul Kalatogan Kosain [also written
P.M. He did not see the manager, Felipe Tan, of the logging firm in the transcript as Abdul Rakman Kadidia
until December 6, 1965, and so he was able to return to Kalantongan Malaguianon Kosain Locayda Kosain
Kabalangasan only on December 7, 1965. While in Salat, he [also written Lokaidal Pinangkong Kosain [also
stayed in the camp where his friend Rufino Duan was staying. written Maningdongi and Binangkong and of the
When he returned to Kabalangasan his family had already crime of Frustrated Murder of Kosain Manibpol
evacuated out of fear for revenge, because of the massacre of [also written as Kusain Manedpoll and Undang
the fimily of Kosain He went to Malamaing another barrio of Kosain and hereby sentences each of them to
Matalam, where he found his family. In Malamaing they stayed suffer the supreme penalty of death for each of the
in the house of a Cebuano named Kulas. They never went back seven murders of the seven deceased, and to an
to Kabalangasan because they were afraid that Kosains family imprisonment of TEN (10) YEARS to
might take revenge on them (t.s.n., pp. 131-142, Vol. III, rec.). SEVENTEEN (17) YEARS and FOUR (4)
MONTHS for each of the two Frustra Murders of
His wife Nicolasa Tirol, 30 years old and residing at Paco, the two wounded persons and to indenuiify jointly
Kidapawan, Cotabato, confirmed Tirol's absence from Matalam and severally the heirs of each of the seven
from December 2 to 7, 1965 while he was looking for a job in deceased with the sum of SIX THOUSAND
Salat. She also stated that she evacuated her family because PESOS (P6,000.00) for each of the seven
she was warned that the family of Kosain might take revenge on deceased, or FORTY-TWO THOUSAND PESOS
them (t.s.n., pp. 145-151, Vol. III, rec.). (P42,000.00) in all, and pay the costs, fifty-fifty.
It appearing that the accused have been detained, THIRD ASSIGNED ERROR:
they each should be credited one-half (1/2) of their
preventive imprisonment in the cases of two The lower court erred in not granting new trial
frustrated murders. even as the complaining witness himself made a
voluntary extra-judicial admission by means of a
The penalty herein imposed for each of the seven sworn statement (affidavit) that he merely involved
murders being the maximum — death — the accused Baldesco for a consideration.
records of this case are hereby automatically
elevated to the Supreme Court. FOURTH ASSIGNED ERROR:
Let copy of this Judgment be furnished the The evidence failed to establish conspiracy among
Philippine Constabulary and the NBI at Cotabato the accused.
City, and the Police Department of Matalam,
Cotabato, so that they may exert efforts to FIFTH ASSIGNED ERROR:
apprehend the other culprits who committed the
crimes herein dealt with. The decision is contrary to law. (p. 98, Vol. I, rec.)
SO ORDERED. During the pendency of this appeal, or on October 23, 1977,
appellant Baldesco died in the New Bilibid Prison Hospital (p.
On appeal, accused Baldesco and Tirol, contend in their joint 192, Vol. I, rec.) so that on January 28, 1978, We resolved to
brief: dismiss this case insofar as the criminal liability of the said
appellant is concerned. Following the doctrine in People vs.
FIRST ASSIGNED ERROR: Sendaydiego (81 SCRA 124, 134), this appeal will bd resolved
insofar as Baldesco is concerned only for the purpose of
The lower court erred in admitting in the death determining his criminal liability which is the basis of the civil
certificates issued by the doctor who did not liability for which his estate may be liable.
personally view and examine the victims, but
whose findings therein were based upon the Appellants would like the court to reject the death certificates of
sketch prepared by the police. the victims on the ground that they are hearsay evidence, since
the doctor who issued them did so on the strength of the sketch
SECOND ASSIGNED ERROR: furnished by the police, without personally examining the bodies
of the victims.
The lower court erred in disregarding the
testimony of both accused despite the convincingly WE find no error in the admission of said exhibits "as part of the
strong evidence showing that they were not at the testimony of the witnesses" (p. 9, Vol. I and p. 95, Vol. III, rec.).
scene of the crime on 4 December 1965, and The fact of death of the victims is not in issue. The testimonies
therefore their non-participation in the crime of the prosecution witnesses that the victims died because of
charged. stab wounds inflicted by the armed men who entered their
residence on the night of December 4, 1965 remain
uncontroverted. That death came to the deceased by foul unnatural if the witnesses who were themselves victims of the
means is a moral and legal certainty. Their death certificates horrible deed were not confused during that terrifying massacre
therefore are only corroborative of the testimonies of the committed together by more than ten persons (p. 27, Vol. I,
prosecution witnesses. rec.). What is important is the positive Identification of the two
accused appellants as having been in that group and who
Appellants would likewise have the Court give credence to their participated in the concerted attack on the hapless victims. "Alibi
defense of alibi, alleging that they have presented convincingly is unavailing once the accused is positively Identified by one
strong evidence showing that they were not at the scene of the without motive to charge falsely said accused, specially with a
crime on December 4, 1965. This contention is devoid of merit. grave offense that could bring death by execution on the culprit"
The rule is well settled, to the point of being trite that the (People vs. Estante, 92 SCRA 122).
defense of alibi, which is easy to concoct, must be received with
utmost caution, for it is one of the weakest defenses that can be The weakness of appellant Baldesco's defense lies in the fact
resorted to by an accused (People vs. Castafieda, 93 SCRA 58, that his house where he purportedly stayed from 6:00 P.M. of
69;; People vs. Cortez, 57 SCRA 208). December 4, 1965 to the following day — is only about one
kilometer from the house of the victims, the scene of the crime,
Moreover, the alibi of both appellants cannot prevail over the according to his own daughter and witness, Teofista Baldesco
positive Identification of the prosecution witnesses Identifying (p. 116, Vol. III, rec.). And although Baldesco himself testified
and pointing to the accused as among the group of armed men that the victims' house is more than three (3) kilometers from
which massacred the victims (People vs. Tabion, 93 SCRA 566, his, it still does not belie the fact that he could easily go there if
570;; People vs. Angeles, 92 SCRA 433). The two survivors, he wanted to, considering that both residences are within the
Kosain and his 6-year old daughter positively Identified both same barrio of Kabalangasan.
accused as two of the more than ten persons who entered their
house on December 4, 1965 and participated in the hacking and So also is the house of Tirol located in the same barrio.
boloing of their family. Accused Tirol was even more distinctly According to him, his house is about 11/2 kilometers from that of
and positively recognized as the "bungi" harelipped who hacked the victim. He wants to impress upon this Court, however, that
some of the victims. The credibility of these two prosecution he was not in his house when the incident occurred but in
witnesses was never successfully assailed. The inconsistencies another town looking for a job in a logging company. The trial
attributed to Kosain Manibpol refer to minor details (i.e., about court correctly rejected this theory because of the
the length of time he had had known one of the two persons inconsistencies noted in Tirol's evidence. Said the trial court:
who first came up to his residence on the pretext of borrowing
his lot — pp. 15-16, Vol. III, rec., in relation to Exhibits "I" and The alibi of Bonifacio Tirol is unbelievable. His
"2", pp. 5 & 17, Vol. II, rec.), which do not affect his credibility. witness Rufino Duan testified that from
The apparent inconsistency in his testimony as well as that of 6- Kabalangasan where Bonifacio Tirol lived to Salat
year old Undang Kosain whose credibility was never where Bonifacio was supposed to be on
questioned, as to who among the armed men hacked or December 4, 1965, people would take a truck ride
attacked which victim is likewise insufficient to destroy their of the PTC but Bonifacio Tirol declared that he
credibility, considering that the presence of a number of armed went to Salat by speedboat, and went home to
men simultaneously participating in the unlawful aggression Kabalangasan by banca. Duan testified that Salat
could really be confusing. As noted by the trial court, it would be is very far from Kabalangasan because it takes
one day to reach it from there;; but Bonifacio Tirol manager on a Saturday evening when the next
declared that he started at Kabalangasan by day was a Sunday, therefore not a work day? (pp.
motorboat at 10:00 A.M., and arrived at Salat at 2425, Vol. I, rec.).
5:00 P.M. or seven hours only. He modified this
afterwards, in the cross-examination, by testifying It is a well-settled doctrine that for alibi to be acceptable, it must
that from his house in Kabalangasan to the log be shown that the place where the accused was alleged to
pond where he took the speedboat, he had to walk when the offense was committed must be located at such a
from 6:00 A.M. to 10:00 A.M. or for 3 hours;; fixing distance that it is well nigh impossible for him to be at the scene
the time from his home to Salat at 10 hours, But of the crime (People vs. dela Cruz, G.R. No. L-30912, April 30,
this testimony about the log pond cannot be 1980;; People vs. Mercado, et al., L- 39511-13, April 28,1980;;
believed. He testified he did not know where the People vs. Malibay, 63 SCRA 421).
log pond was located;; that was the first time he
went there. How he located a long pond at a place As to appellant Baldesco, the testimonies of his witnesses do
he did not know is certainly beyond belief. Of not at all bolster his alibi. Demetrio Riparip stated that he took
course, he said, Rufino told him where to pass, but supper with Baldesco at 6:00 P.M. on December 4, 1965, after
that was a long time ago. Bonifacio Tirol further which he slept at 7:00 P.M. and did not wake up until the next
testified that when he went home to Kabalangasan morning (p. 109, t.s.n., Vol. III, rec.). Baldesco's daughter,
he took a banca at Salat at 3:00 dawn and arrived Teofista, on the other hand, testified that she took supper at
in his house at Kabalangasan at 9:00 in the 6:00 P.M. with her father, mother, brother and sister (p. 116,
morning, or 6 hours. He changed the time of t.s.n., Vol. III, rec.), without mentioning the presence of Riparip
arrival to 10:00 A.M. when questioned by the Court in their house;; then she listended to the radio with her father,
about it. When asked by the Court why the mother, brother and sister up to 9:00 P.M. and went to sleep
difference in the period of time of travel he afterwards. These testimonies do not rule out the possibility that
reasoned out that the motorboat in going to Salat he could have left the house that same evening while the rest of
was going upstream, and the paddled banca in his family were sound asleep and returned late that night or
going to Kabalangasan was going downstream. early the following morning.
Even, if that were so, the difference cannot be
three or four hours. The third assigned error is likewise bereft of merit. Counsel for
appellants contends that the trial court erred in not granting a
xxx xxx xxx new trial even as the complaining witness himself made a
voluntary extrajudicial admission by means of sworn statement
But even granting that Bonifacio really went to (affidavit) that he merely involved accused Baldesco for a
Salat on the 2nd to look for work, there was no consideration. The trial court rejected the motion for new trial on
physical impossibility for him to be in the -round that it was filed out of time (p. 97, Vol. II rec.).
Kabalangasan on the evening of the 4th which
was a Saturday. The testimony of Duan that he Section 9, Rule 122 of the Rules of Court requires that in all
saw Bonifacio of the 4th in the evening cannot be cases in which the death penalty is impo the records should be
believed because of his interest and its forwarded to this Court within twenty (20) days but not less than
improbability. Why should Bonifacio wait for the fifteen (15) days from rendition of judgment. This 20-day period
is not rigid or absolute nor jurisdictional, and may be shortened regarding the non-involvement and non-participation of
or extended (People vs. Bocar, 97 Phil. 398). However, the Baldesco in the crime charged, but it was too late to tell the
extension of period is for the purpose of enabling the lower court court because the case was already submitted for decision;; and
to comply with the mandatory requirement of elevating the that it was a common knowledge in their barrio that Baldesco
records for review, and not to lengthen the minimum period was not among the band that killed Kosains family.
within which trial courts may modify or alter their decision. As
enunciated in People vs. Bocar, supra, the reason for the 15- This so-called "extra-judicial admission," referring to Diosmas
day minimum requirement is such that within that period, the sworn statement is not the kind of newly-discovered evidence
trial court may on its own motion with the consent of the contemplated in Section 2, Rule 121 of the Rules of Court. Well-
defendant, grant a new trial. Within that period the trial court settled is the rule that before a new trial may be granted on the
may modify its judgment by reducing the penalty or fine, or even ground of newly- discovered evidence, it must be shown that:
set it aside altogether and acquit the accused. (a) the evidence was discovered after trial;; (b) such evidence
could not have been discovered and produced at the trial even
In the case at bar, the motion for new trial was filed on April with the exercise of reasonable diligence;; (c) the evidence is
28,1969 (pp. 92-94, Vol. II, rec.) or twenty-eight days after material, not merely cumulative, corroborative or impeaching,
rendition of the judgment on March 31, 1969 (p. 90, Vol. II, rec.). and (d) it must be to the merits as ought to produce a different
Although a 15-day extension from April 21, 1969 was granted to result, if admitted [Jose vs. CA, 70 SCRA 258].
the lower court within which to forward the record of this case (p.
30, Vol. I, rec.), that extension did not affect the 15-day period The very affidavit of Diosma indicates that the so-called extra-
for filing a motion for new trial. judicial admission of Kosain was already available during the
trial, otherwise, he would not have demanded from Feliciano
But even granting that the said motion were filed on time, the - Codoy personally one carabao so that he will not testify against
game does not merit a favorable action. The ground relied on is accused Baldesco.
an alleged newly-discovered evidence, referring to a sworn
statement (p. 94, Vol. II, rec.) executed on April 17, 1969 by a For how could he have offered not to testify against Baldesco if
certain Romualdo Diosma barrio captain of barrio Lampayan, the trial was already concluded? Codoy should have been
Matalam, Cotabato. In the said affidavit, the affiant declared that presented as a defense witness if such was the fact, together
he was shocked to learn that the accused were sentenced to with some other barrio residents who had knowledge, as was
death;; that Kosain Manibpol the principal witness, had confided allegedly "public knowledge in our barrio," that Baldesco was
to him that he was only interested in commercializing or making not involved in the crime. The purported extrajudicial admission
money out of his case, which is why he implicated the accused is a last-minute concoction.
Baldesco;; that Kosain Manibpol had persuaded him to convince
Feliciano Codoy, a son-in-law of Baldesco, to give him Kosain Appellants also point out as error that the evidence failed to
one carabao so that he wili drop the case;; that Kosain Manibpol establish conspiracy. While it has been held that conspiracy
also personally demanded from Codoy one carabao so that he must be established by positive evidence, direct proof is not
Will not testify against Baldesco;; that he (affiant) even went with essential to show it, since by its very nature it is planned in
Kosain to see Codoy in November, 1967 to persuade him to utmost secrecy (People vs. Peralta, 25 SCRA 760).
give a carabao to Kosain but Codoy refused;; and that Kosain
realizing the wrong he had done, was willing to tell the truth
In the rase of People vs. Madai Santalani (93 SCRA 316, 330), The trial court did not err in finding the accused guilty of murder
We held: "Conspiracy implies concert of design and not of seven (7) persons, qualified by treachery, and of two
participation in every detail of the execution. If it is proved that frustrated murders. There was treachery because the accused
two or more persons aimed, by their acts, at the and their companions made a deliberate surprise attack on the
accomplishment of some unlawful object each doing a part so victims. They perpetrated the killings in such a manner that
that their acts, though apparently independent, were in fact there was no risk to themselves. Treachery has absorbed the
connected and cooperative, indicating a closeness of personal circumstance of nighttime, taking advantage of superior
association and a concurrence of sentiments, conspiracy may strength, employing means to weaken the defense, and that the
be inferred although no actual meeting between them to crime was committed by a band.
conspire is proved, for the prosecution need not establish that
all the parties thereto agreed to every detail in the execution of The aggravating circumstance of evident premeditation was not
the crime or that they were actually together at all stages of the proven, hence it may not be appreciated.
conspiracy" (see also People vs. Cabiling, 74 SCRA 285).
The aggravating circumstance of dwelling, the crime having
In this case under review, it has been clearly established that been committed in the dwelling place of the victims who had not
the appellants and their cohorts acted in unison when they went given any provocation, likewise can be appreciated.
up the house of Kosain Manibpol and attacked their victims in a
manner showing singleness of purpose — the massacre of the Considering that there is no mitigating circumstance, the trial
entire family of Kosain The fact that two survived is of no court did not err in imposing the maximum penalty provided for
moment. The intention to kill all of them was most patent. in Article 248.
Thus, the fifth assigned error, i.e., that the decision is contrary to Since the penal liability of appellant Ciriaco Baldesco had been
law, need not be considered separately. The prosecution extinguished by his death on October 23, 1977, only his civil
evidence has clearly established the guilt of the accused liability remains to be determined which can be recovered from
appellants. In addition, there are more incriminating evidence his estate.
that emanate from the appellants themselves. The trial court
had taken judicial notice of the escape of accused Baldesco The civil liability of both appellants for each of the seven victims
from police custody on December 15, 1965, (p. 27, Vol. II, rec.), of the seven murders is hereby raised to P12,000.00 and their
and his subsequent re-arrest while en route to Davao (p. 28, civil liability for each of the two victims of the two frustrated
Vol. II, rec.). On the other hand, accused Tirol himself had murders is hereby increased to P8,000.00. The civil liability
testified that after coming from Salat, he left his house and arising from the crime of 2 or more accused is solidary.
never returned, for the reason that the members of his family
were afraid of some vendetta because of the massacre of Ko WHEREFORE APPELLANTS BONIFACIO TIROL AND
Manibpols family (pp. 141-142, Vol. II, rec.). The trial court noted CIRIACO BALDESCO ARE HEREBY SENTENCED TO (1)
that this fear was entertained even before the chief of police INDEMNIFY JOINTLY AND SEVERALLY KOSAIN MANIBPOL
could ffle a complaint and before a warrant of arrest could be AND UNDANG KOSAIN AS THE ONLY SURVIVING HEIRS OF
issued. These actuations could only indicate a sense of guilt. As THE SEVEN MURDER VICTIMS IN THE SUM OF TWELVE
the trial court pointed out, fear of reprisal or retaliation could only THOUSAND (P12,000.00) PESOS FOR EACH OF THE SEVEN
haunt one who is aware of his wrong doing (p. 26, Vol. I, rec.). MURDER VICTIMS;; AND (2) INDEMNIFY JOINTLY AND
SEVERALLY KOSAIN MANIBPOL IN THE SUM OF EIGHT
THOUSAND (P8,000.00) PESOS AND UNDANG KOSAIN
ALSO IN THE SUM OF EIGHT THOUSAND (P8,000.00)
PESOS AS THE TWO VICTIMS OF THE TWO FRUSTRATED
MURDERS.
Republic of the Philippines Accident Insurance for dependent, pursuant to the Collective
SUPREME COURT Bargaining Agreement (CBA) concluded between Continental
Manila and the Union, which reads:
CONTINENTAL STEEL MANUFACTURING Section 2. BEREAVEMENT LEAVE—The Company agrees to
CORPORATION, Petitioner, grant a bereavement leave with pay to any employee in case of
vs. death of the employee’s legitimate dependent (parents, spouse,
HON. ACCREDITED VOLUNTARY ARBITRATOR ALLAN S. children, brothers and sisters) based on the following:
MONTAÑO and NAGKAKAISANG MANGGAGAWA NG
CENTRO STEEL CORPORATION-SOLIDARITY OF UNIONS 2.1 Within Metro Manila up to Marilao, Bulacan - 7 days
IN THE PHILIPPINES FOR EMPOWERMENT AND REFORMS
(NMCSC-SUPER), Respondents. 2.2 Provincial/Outside Metro Manila - 11 days
D E C I S I O N x x x x
Before Us is a Petition for Review on Certiorari, under Rule 45 x x x x
of the Rules of Court, assailing the Decision1 dated 27 February
2008 and the Resolution2 dated 9 May 2008 of the Court of Section 4. DEATH AND ACCIDENT INSURANCE—The
Appeals in CA-G.R. SP No. 101697, affirming the Company shall grant death and accidental insurance to the
Resolution3 dated 20 November 2007 of respondent Accredited employee or his family in the following manner:
Voluntary Arbitrator Atty. Allan S. Montaño (Montaño) granting
bereavement leave and other death benefits to Rolando P. x x x x
Hortillano (Hortillano), grounded on the death of his unborn
child. 4.3 DEPENDENTS—Eleven Thousand Five Hundred Fifty
Pesos (Php11,550.00) in case of death of the employees
The antecedent facts of the case are as follows: legitimate dependents (parents, spouse, and children). In case
the employee is single, this benefit covers the legitimate
Hortillano, an employee of petitioner Continental Steel parents, brothers and sisters only with proper legal document to
Manufacturing Corporation (Continental Steel) and a member of be presented (e.g. death certificate).4
respondent Nagkakaisang Manggagawa ng Centro Steel
Corporation-Solidarity of Trade Unions in the Philippines for The claim was based on the death of Hortillano’s unborn child.
Empowerment and Reforms (Union) filed on 9 January 2006, a Hortillano’s wife, Marife V. Hortillano, had a premature delivery
claim for Paternity Leave, Bereavement Leave and Death and
on 5 January 2006 while she was in the 38th week of employees of MKK Steel Corporation (MKK Steel) and Mayer
pregnancy.5 According to the Certificate of Fetal Death dated 7 Steel Pipe Corporation (Mayer Steel), sister companies of
January 2006, the female fetus died during labor due to fetal Continental Steel, in similar situations as Hortillano were able to
Anoxia secondary to uteroplacental insufficiency.6 receive death benefits under similar provisions of their CBAs.
Continental Steel immediately granted Hortillano’s claim for The Union mentioned in particular the case of Steve L. Dugan
paternity leave but denied his claims for bereavement leave and (Dugan), an employee of Mayer Steel, whose wife also
other death benefits, consisting of the death and accident prematurely delivered a fetus, which had already died prior to
insurance.7 the delivery. Dugan was able to receive paternity leave,
bereavement leave, and voluntary contribution under the CBA
Seeking the reversal of the denial by Continental Steel of between his union and Mayer Steel.15 Dugan’s child was only 24
Hortillano’s claims for bereavement and other death benefits, weeks in the womb and died before labor, as opposed to
the Union resorted to the grievance machinery provided in the Hortillano’s child who was already 37-38 weeks in the womb
CBA. Despite the series of conferences held, the parties still and only died during labor.
failed to settle their dispute,8 prompting the Union to file a Notice
to Arbitrate before the National Conciliation and Mediation The Union called attention to the fact that MKK Steel and Mayer
Board (NCMB) of the Department of Labor and Employment Steel are located in the same compound as Continental Steel;;
(DOLE), National Capital Region (NCR).9 In a Submission and the representatives of MKK Steel and Mayer Steel who
Agreement dated 9 October 2006, the Union and Continental signed the CBA with their respective employees’ unions were
Steel submitted for voluntary arbitration the sole issue of the same as the representatives of Continental Steel who
whether Hortillano was entitled to bereavement leave and other signed the existing CBA with the Union.
death benefits pursuant to Article X, Section 2
Finally, the Union invoked Article 1702 of the Civil Code, which
10
and Article XVIII, Section 4.3 of the CBA. The parties mutually provides that all doubts in labor legislations and labor contracts
chose Atty. Montaño, an Accredited Voluntary Arbitrator, to shall be construed in favor of the safety of and decent living for
resolve said issue.11 the laborer.
When the preliminary conferences again proved futile in On the other hand, Continental Steel posited that the express
amicably settling the dispute, the parties proceeded to submit provision of the CBA did not contemplate the death of an unborn
their respective Position Papers, 12 Replies,13 and child, a fetus, without legal personality. It claimed that there are
Rejoinders14 to Atty. Montaño. two elements for the entitlement to the benefits, namely: (1)
death and (2) status as legitimate dependent, none of which
The Union argued that Hortillano was entitled to bereavement existed in Hortillano’s case. Continental Steel, relying on Articles
leave and other death benefits pursuant to the CBA. The Union 40, 41 and 4216 of the Civil Code, contended that only one with
maintained that Article X, Section 2 and Article XVIII, Section civil personality could die. Hence, the unborn child never died
4.3 of the CBA did not specifically state that the dependent because it never acquired juridical personality. Proceeding from
should have first been born alive or must have acquired juridical the same line of thought, Continental Steel reasoned that a fetus
personality so that his/her subsequent death could be covered that was dead from the moment of delivery was not a person at
by the CBA death benefits. The Union cited cases wherein all. Hence, the term dependent could not be applied to a fetus
that never acquired juridical personality. A fetus that was On the otherhand, for the entitlement to benefit for death and
delivered dead could not be considered a dependent, since it accident insurance as provided under Article XVIII, Section 4,
never needed any support, nor did it ever acquire the right to be paragraph (4.3) of the parties’ CBA, four (4) indispensable
supported. elements must be present: (a) there is "death";; (b) such death
must be of employee’s "dependent";; (c) such dependent must
Continental Steel maintained that the wording of the CBA was be "legitimate";; and (d) proper legal document to be
clear and unambiguous. Since neither of the parties qualified the presented.18
terms used in the CBA, the legally accepted definitions thereof
were deemed automatically accepted by both parties. The Atty. Montaño found that there was no dispute that the death of
failure of the Union to have unborn child included in the an employee’s legitimate dependent occurred. The fetus had the
definition of dependent, as used in the CBA – the death of right to be supported by the parents from the very moment
whom would have qualified the parent-employee for he/she was conceived. The fetus had to rely on another for
bereavement leave and other death benefits – bound the Union support;; he/she could not have existed or sustained
to the legally accepted definition of the latter term. himself/herself without the power or aid of someone else,
specifically, his/her mother. Therefore, the fetus was already a
Continental Steel, lastly, averred that similar cases involving the dependent, although he/she died during the labor or delivery.
employees of its sister companies, MKK Steel and Mayer Steel, There was also no question that Hortillano and his wife were
referred to by the Union, were irrelevant and incompetent lawfully married, making their dependent, unborn child,
evidence, given the separate and distinct personalities of the legitimate.
companies. Neither could the Union sustain its claim that the
grant of bereavement leave and other death benefits to the In the end, Atty. Montaño decreed:
parent-employee for the loss of an unborn child constituted
"company practice." WHEREFORE, premises considered, a resolution is hereby
rendered ORDERING [herein petitioner Continental Steel] to
On 20 November 2007, Atty. Montaño, the appointed Accredited pay Rolando P. Hortillano the amount of Four Thousand Nine
Voluntary Arbitrator, issued a Resolution17 ruling that Hortillano Hundred Thirty-Nine Pesos (₱4,939.00), representing his
was entitled to bereavement leave with pay and death benefits. bereavement leave pay and the amount of Eleven Thousand
Five Hundred Fifty Pesos (₱11,550.00) representing death
Atty. Montaño identified the elements for entitlement to said benefits, or a total amount of ₱16,489.00
benefits, thus:
The complaint against Manuel Sy, however, is ORDERED
This Office declares that for the entitlement of the benefit of DISMISSED for lack of merit.
bereavement leave with pay by the covered employees as
provided under Article X, Section 2 of the parties’ CBA, three (3) All other claims are DISMISSED for lack of merit.
indispensable elements must be present: (1) there is "death";; (2)
such death must be of employee’s "dependent";; and (3) such Further, parties are hereby ORDERED to faithfully abide with
dependent must be "legitimate". the herein dispositions.
Aggrieved, Continental Steel filed with the Court of Appeals a Following [Continental Steel’s] theory, there can be no
Petition for Review on Certiorari,19 under Section 1, Rule 43 of experience of "death" to speak of. The Court, however, does not
the Rules of Court, docketed as CA-G.R. SP No. 101697. share this view. A dead fetus simply cannot be equated with
anything less than "loss of human life", especially for the
Continental Steel claimed that Atty. Montaño erred in granting expectant parents. In this light, bereavement leave and death
Hortillano’s claims for bereavement leave with pay and other benefits are meant to assuage the employee and the latter’s
death benefits because no death of an employee’s dependent immediate family, extend to them solace and support, rather
had occurred. The death of a fetus, at whatever stage of than an act conferring legal status or personality upon the
pregnancy, was excluded from the coverage of the CBA since unborn child. [Continental Steel’s] insistence that the certificate
what was contemplated by the CBA was the death of a legal of fetal death is for statistical purposes only sadly misses this
person, and not that of a fetus, which did not acquire any crucial point.20
juridical personality. Continental Steel pointed out that its
contention was bolstered by the fact that the term death was Accordingly, the fallo of the 27 February 2008 Decision of the
qualified by the phrase legitimate dependent. It asserted that the Court of Appeals reads:
status of a child could only be determined upon said child’s
birth, otherwise, no such appellation can be had. Hence, the WHEREFORE, premises considered, the present petition is
conditions sine qua non for Hortillano’s entitlement to hereby DENIED for lack of merit. The assailed Resolution dated
bereavement leave and other death benefits under the CBA November 20, 2007 of Accredited Voluntary Arbitrator Atty.
were lacking. Allan S. Montaño is hereby AFFIRMED and UPHELD.
The Court of Appeals, in its Decision dated 27 February 2008, With costs against [herein petitioner Continental Steel].21
affirmed Atty. Montaño’s Resolution dated 20 November 2007.
The appellate court interpreted death to mean as follows: In a Resolution22 dated 9 May 2008, the Court of Appeals
denied the Motion for Reconsideration23 of Continental Steel.
[Herein petitioner Continental Steel’s] exposition on the legal
sense in which the term "death" is used in the CBA fails to Hence, this Petition, in which Continental Steel persistently
impress the Court, and the same is irrelevant for ascertaining argues that the CBA is clear and unambiguous, so that the
the purpose, which the grant of bereavement leave and death literal and legal meaning of death should be applied. Only one
benefits thereunder, is intended to serve. While there is no with juridical personality can die and a dead fetus never
arguing with [Continental Steel] that the acquisition of civil acquired a juridical personality.
personality of a child or fetus is conditioned on being born alive
upon delivery, it does not follow that such event of premature We are not persuaded.
delivery of a fetus could never be contemplated as a "death" as
to be covered by the CBA provision, undoubtedly an event As Atty. Montaño identified, the elements for bereavement leave
causing loss and grief to the affected employee, with whom the under Article X, Section 2 of the CBA are: (1) death;; (2) the
dead fetus stands in a legitimate relation. [Continental Steel] has death must be of a dependent, i.e., parent, spouse, child,
proposed a narrow and technical significance to the term "death brother, or sister, of an employee;; and (3) legitimate relations of
of a legitimate dependent" as condition for granting the dependent to the employee. The requisites for death and
bereavement leave and death benefits under the CBA. accident insurance under Article XVIII, Section 4(3) of the CBA
are: (1) death;; (2) the death must be of a dependent, who could unborn child acquired any rights or incurred any obligations prior
be a parent, spouse, or child of a married employee;; or a parent, to his/her death that were passed on to or assumed by the
brother, or sister of a single employee;; and (4) presentation of child’s parents. The rights to bereavement leave and other
the proper legal document to prove such death, e.g., death death benefits in the instant case pertain directly to the parents
certificate. of the unborn child upon the latter’s death.
It is worthy to note that despite the repeated assertion of Second, Sections 40, 41 and 42 of the Civil Code do not provide
Continental Steel that the provisions of the CBA are clear and at all a definition of death. Moreover, while the Civil Code
unambiguous, its fundamental argument for denying Hortillano’s expressly provides that civil personality may be extinguished by
claim for bereavement leave and other death benefits rests on death, it does not explicitly state that only those who have
the purportedly proper interpretation of the terms "death" and acquired juridical personality could die.
"dependent" as used in the CBA. If the provisions of the CBA
are indeed clear and unambiguous, then there is no need to And third, death has been defined as the cessation of life.24 Life
resort to the interpretation or construction of the same. is not synonymous with civil personality. One need not acquire
Moreover, Continental Steel itself admitted that neither civil personality first before he/she could die. Even a child inside
management nor the Union sought to define the pertinent terms the womb already has life. No less than the Constitution
for bereavement leave and other death benefits during the recognizes the life of the unborn from conception,25 that the
negotiation of the CBA. State must protect equally with the life of the mother. If the
unborn already has life, then the cessation thereof even prior to
The reliance of Continental Steel on Articles 40, 41 and 42 of the child being delivered, qualifies as death.
the Civil Code for the legal definition of death is misplaced.
Article 40 provides that a conceived child acquires personality Likewise, the unborn child can be considered a dependent
only when it is born, and Article 41 defines when a child is under the CBA. As Continental Steel itself defines, a dependent
considered born. Article 42 plainly states that civil personality is is "one who relies on another for support;; one not able to exist
extinguished by death. or sustain oneself without the power or aid of someone else."
Under said general definition,26 even an unborn child is a
First, the issue of civil personality is not relevant herein. Articles dependent of its parents. Hortillano’s child could not have
40, 41 and 42 of the Civil Code on natural persons, must be reached 38-39 weeks of its gestational life without depending
applied in relation to Article 37 of the same Code, the very first upon its mother, Hortillano’s wife, for sustenance. Additionally, it
of the general provisions on civil personality, which reads: is explicit in the CBA provisions in question that
the dependent may be the parent, spouse, or child of a married
Art. 37. Juridical capacity, which is the fitness to be the subject employee;; or the parent, brother, or sister of a single employee.
of legal relations, is inherent in every natural person and is lost The CBA did not provide a qualification for the child dependent,
only through death. Capacity to act, which is the power to do such that the child must have been born or must have acquired
acts with legal effect, is acquired and may be lost. civil personality, as Continental Steel avers. Without such
qualification, then child shall be understood in its more general
We need not establish civil personality of the unborn child herein sense, which includes the unborn fetus in the mother’s womb.
since his/her juridical capacity and capacity to act as a person
are not in issue. It is not a question before us whether the
The term legitimate merely addresses the dependent child’s We emphasize that bereavement leave and other death benefits
status in relation to his/her parents. In Angeles v. Maglaya,27 we are granted to an employee to give aid to, and if possible,
have expounded on who is a legitimate child, viz: lessen the grief of, the said employee and his family who
suffered the loss of a loved one. It cannot be said that the
A legitimate child is a product of, and, therefore, implies a valid parents’ grief and sense of loss arising from the death of their
and lawful marriage. Remove the element of lawful union and unborn child, who, in this case, had a gestational life of 38-39
there is strictly no legitimate filiation between parents and child. weeks but died during delivery, is any less than that of parents
Article 164 of the Family Code cannot be more emphatic on the whose child was born alive but died subsequently.
matter: "Children conceived or born during the marriage of the
parents are legitimate." (Emphasis ours.) Being for the benefit of the employee, CBA provisions on
bereavement leave and other death benefits should be
Conversely, in Briones v. Miguel,28 we identified an illegitimate interpreted liberally to give life to the intentions thereof. Time
child to be as follows: and again, the Labor Code is specific in enunciating that in case
of doubt in the interpretation of any law or provision affecting
The fine distinctions among the various types of illegitimate labor, such should be interpreted in favor of labor.29 In the same
children have been eliminated in the Family Code. Now, there way, the CBA and CBA provisions should be interpreted in favor
are only two classes of children -- legitimate (and those who, of labor. In Marcopper Mining v. National Labor Relations
like the legally adopted, have the rights of legitimate children) Commission,30 we pronounced:
and illegitimate. All children conceived and born outside a valid
marriage are illegitimate, unless the law itself gives them Finally, petitioner misinterprets the declaration of the Labor
legitimate status. (Emphasis ours.) Arbiter in the assailed decision that "when the pendulum of
judgment swings to and fro and the forces are equal on both
It is apparent that according to the Family Code and the afore- sides, the same must be stilled in favor of labor." While
cited jurisprudence, the legitimacy or illegitimacy of a child petitioner acknowledges that all doubts in the interpretation of
attaches upon his/her conception. In the present case, it was not the Labor Code shall be resolved in favor of labor, it insists that
disputed that Hortillano and his wife were validly married and what is involved-here is the amended CBA which is essentially a
that their child was conceived during said marriage, hence, contract between private persons. What petitioner has lost sight
making said child legitimate upon her conception.1avvphi1 of is the avowed policy of the State, enshrined in our
Constitution, to accord utmost protection and justice to labor, a
Also incontestable is the fact that Hortillano was able to comply policy, we are, likewise, sworn to uphold.
with the fourth element entitling him to death and accident
insurance under the CBA, i.e., presentation of the death In Philippine Telegraph & Telephone Corporation v. NLRC [183
certificate of his unborn child. SCRA 451 (1990)], we categorically stated that:
Given the existence of all the requisites for bereavement leave When conflicting interests of labor and capital are to be weighed
and other death benefits under the CBA, Hortillano’s claims for on the scales of social justice, the heavier influence of the latter
the same should have been granted by Continental Steel. should be counter-balanced by sympathy and compassion the
law must accord the underprivileged worker.
Likewise, in Terminal Facilities and Services Corporation v.
NLRC [199 SCRA 265 (1991)], we declared:
Any doubt concerning the rights of labor should be resolved in
its favor pursuant to the social justice policy.
SO ORDERED.