EN BANC

[G.R. No. L-17396. May 30, 1962.]

CECILIO PE, ET AL., plaintiffs-appellants, vs . ALFONSO PE, defendant-

appellee.

Cecilio L. Pe for and in his own behalf as plaintiff-appellant.

Leodegario L. Mogol for defendant-appellee.

SYLLABUS

1. DAMAGES; ACTS CONTRARY TO MORALS. — Defendant won Lolita's

affection thru an ingenious scheme or trickery and seduced her to the extent of making
her fall in love with him. This is shown by the fact that defendant frequented the house
of Lolita on the pretext that he wanted her to teach him how to pray the rosary. Because
of the frequency of his visits to the latter's family who was allowed free access
because he was a collateral relative and was considered as a member of her family, the
two eventually fell in love with each other and conducted clandestine love affairs not
only in Gasan but in Boac where Lolita used to teach in a barrio school. When the
rumors about their illicit affair reached the knowledge of her parents, defendant was
forbidden from going to their house and even from seeing Lolita. Plaintiff even led
deportation proceedings against defendant who is a Chinese national. Nevertheless,
defendant continued his love affairs with Lolita until she disappeared from the parental
ho m e , Held; The wrong defendant has caused Lolita and her family is indeed
immeasurable considering the fact that he is a married man. Verily, he has committed
an injury to Lolita's family in a manner contrary to morals, good customs and public
policy as contemplated in Article 21 of the New Civil Code.

DECISION

BAUTISTA ANGELO , J : p

Plaintiffs brought this action before the Court of First Instance of Manila to
recover moral, compensatory, exemplary and corrective damages in the amount of
P94,000.00, exclusive of attorney's fees and expenses of litigation.
Defendant, after denying some allegations contained in the complaint, set up as a
defense that the facts alleged therein, even if true, do not constitute a valid cause of
action.
After trial, the lower court, after nding that defendant had carried on a love affair
with one Lolita Pe, an unmarried woman, being a married man himself, declared that
defendant cannot be held liable for moral damages it appearing that plaintiffs failed to
prove that defendant, being aware of his marital status, deliberately and in bad faith
tried to win Lolita's affection. So it rendered decision dismissing the complaint.
Plaintiffs brought this case on appeal before this Court on the ground that the
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 issues involved are purely of law.
The facts as found by the trial court are: Plaintiffs are the parents, brothers and
sisters of one Lolita Pe. At the time of her disappearance on April 14, 1957, Lolita was
24 years old and unmarried. Defendant is a married man and works as agent of the La
Perla Cigar and Cigarette Factory. He used to stay in the town of Gasan, Marinduque, in
connection with his aforesaid occupation. Lolita was staying with her parents in the
same town. Defendant was an adopted son of a Chinaman named Pe Beco, a collateral
relative of Lolita's father. Because of such fact and the similarity in their family name,
defendant became close to the plaintiffs who regarded him as a member of their
family. Sometime in 1952, defendant frequented the house of Lolita on the pretext that
he wanted her to teach him how to pray the rosary. The two eventually fell in love with
each other and conducted clandestine trysts not only in the town of Gasan but also in
Boac where Lolita used to teach in a barrio school. They exchanged love notes with
each other the contents of which reveal not only their infatuation for each other but also
the extent to which they had carried their relationship. The rumors about their love affair
reached the ears of Lolita's parents sometime in 1955, and since then defendant was
forbidden from going to their house and from further seeing Lolita. The plaintiffs even
led deportation proceedings against defendant who is a Chinese national. The affair
between defendant and Lolita continued nonetheless.
Sometime in April, 1957, Lolita was staying with her brothers and sisters at their
residence at 54-B España Extension, Quezon City. On April 14, 1957, Lolita disappeared
from said house. After she left, her brothers and sisters checked up her things and
found that Lolita's clothes were gone. However, plaintiffs found a note on a crumpled
piece of paper inside Lolita's aparador. Said note, written on a small slip of paper
approximately 4" by 3" in size, was in a handwriting recognized to be that of defendant.
In English it reads:
"Honey, suppose I leave here on Sunday night, and that's 13th of this
month and we will have a date on the 14th, that's Monday morning at 10 a.m.

Reply
Love"
The disappearance of Lolita was reported to the police authorities and the NBI
but up to the present there is no news or trace of her whereabouts.
The present action is based on Article 21 of the new Civil Code which provides:
"Any person who wilfully causes loss or injury to another in a manner
which is contrary to morals, good customs or public policy shall compensate the
latter for the damage."

There is no doubt that the claim of plaintiffs for damages is based on the fact
that defendant, being a married man, carried on a love affair with Lolita Pe thereby
causing plaintiffs injury in a manner contrary to morals, good customs and public
policy. But in spite of the fact that plaintiffs have clearly established that an illicit affair
was carried on between defendant and Lolita which caused great damage to the name
and reputation of plaintiffs who are her parents, brothers and sisters, the trial court
considered their complaint not actionable for the reason that they failed to prove that
defendant deliberately and in bad faith tried to win Lolita's affection. Thus, the trial
court said: "In the absence of proof on this point, the court may not presume that it was
the defendant who deliberately induced such relationship. We cannot be unmindful of
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 the uncertainties and sometimes inexplicable mysteries of the human emotions. It is a
possibility that the defendant and Lolita simply fell in love with each other, not only
without any desire on their part, but also against their better judgment and in full
consciousness of the disastrous consequences that such an affair would naturally
bring on both of them. This is specially so with respect to Lolita, being an unmarried
woman, falling in love with defendant who is a married man."
We disagree with this view. The circumstances under which defendant tried to
win Lolita's affection cannot lead to any other conclusion than that it was he who, thru
an ingenious scheme or trickery, seduced the latter to the extent of making her fall in
love with him. This is shown by the fact that defendant frequented the house of Lolita
on the pretext that he wanted her to teach him how to pray the rosary. Because of the
frequency of his visits to the latter's family who was allowed free access because he
was a collateral relative and was considered as a member of her family, the two
eventually fell in love with each other and conducted clandestine love affairs not only in
Gasan but in Boac where Lolita used to teach in a barrio school. When the rumors about
their illicit affair reached the knowledge of her parents, defendant was forbidden from
going to their house and even from seeing Lolita. Plaintiffs even led deportation
proceedings against defendant who is a Chinese national. Nevertheless, defendant
continued his love affairs with Lolita until she disappeared from the parental home.
Indeed, no other conclusion can be drawn from this chain of events than that defendant
not only deliberately, but through a clever strategy, succeeded in winning the affection
and love of Lolita to the extent of having illicit relations with her. The wrong he has
caused her and her family is indeed immeasurable considering the fact that he is a
married man. Verily, he has committed an injury to Lolita's family in a manner contrary
to morals, good customs and public policy as contemplated in Article 21 of the new
Civil Code.
WHEREFORE, the decision appealed from is reversed. Defendant is hereby
sentenced to pay the plaintiffs the sum of P5,000.00 as damages and P2,500.00 as
attorney's fees and expenses of litigation. Costs against appellee.
Padilla, Labrador, Concepcion, Reyes, J.B.L., Barrera, Paredes and Dizon, JJ.
concur.

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