ANTONIO GELUZ, petitioner, vs. THE HON.

COURT OF APPEALS and

OSCAR LAZO, respondents.
No. L-16439. July 20, 1961

Facts:

Nita Villanueva came to know Geluz when she was pregnant by her husband before
their marriage. Geluz performed an abortion on Nita Villanueva. After the latter’s
marriage, she again became pregnant and since she was employed in the Commission
on Elections, the pregnancy was inconvenient and she had herself aborted again by Geluz.
In less than two years, she again became pregnant and had her two-month
old fetus aborted by Geluz for a sum of fifty pesos. Nita’s husband was then campaigning
for his election and was aware and did not give consent to the abortion. He filed for an
action for the award of damages. The trial court and Court of Appeals predicated the
award of damages in the sum of three thousand pesos for moral damages.

Issue:

Whether or not the spouses Lazo could recover damages from the physician who caused
the same.

Held:

The petition is meritorious.

The minimum award for the death of a person does not cover the case of an
unborn fetus that is not endowed with personality and incapable of having rights and
obligations. Since an action for pecuniary damages on account of personal injury or death
pertains primarily to the injured, no such right of action could derivatively accrue to the
parents or heirs of an unborn child. The damages which the parents of an unborn child
can recover are limited to the moral damages for the illegal arrest of the normal
development of the fetus, on account of distress and anguish attendant to its loss, and the
disappointment of their parental expectations. In this case, however, the appellee was
indifferent to the previous abortions of his wife, clearly indicative that he was
unconcerned with the frustration of his parental hopes and expectations.

The decision is reversed and the complaint ordered is dismissed.