Hermosisima vs. Court of Appeals Case Digest/ Brief G.R. No. L-14628

Hermosisima vs. CA Cse Digest/ Brief (link)
Procedural Facts: Case filed in Court of First Instance of Cebu which rendered decision in favor of P (soledad). Lower Court’s decision was modified by the Court of Appeals by increasing compensatory damages and moral damages.
Substantive Facts: Soledad Cagigas, a teacher and petitioner, who was almost ten (10) years younger than she, used to go around together and were regarded as engaged, although he had made no promise of marriage prior thereto their intimacy developed among them Soledad advised petitioner that she was in the family way, whereupon he promised to marry her. Their child, Chris Hermosisima, was born. However defendant married one Romanita Perez.

ISSUE: Whether or not moral damages are recoverable, under our laws, for breach of promise to marry?
HELD: When the woman becomes pregnant and subsequently delivers. Although she cannot recover moral damages for the breach, nevertheless she can recover compensatory damages for medical and hospitalization expenses as well as attorney’s fees.
REASONING: Because of defendant-appellant's seduction power, plaintiff-appellee, overwhelmed by her love for him finally yielded to his sexual desires in spite of her age and self-control, she being a woman after all, we hold that said defendant-appellant is liable for seduction and, therefore, moral damages may be recovered from him under the provision of Article 2219, paragraph 3, of the new Civil Code.


**To see the original copy of this case, click here