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G.R. No.

L-39110   November 28, Case Flow:


1933
RTC – As to damages – Denied
ANTONIA L. DE JESUS, ET As to recognition of Child – Affirmed
AL., plaintiff-appellant,
vs. SC En banc – RTC decision affirmed
CESAR SYQUIA, defendant-
appellant.

Facts:
Antonia Loanco filed an action for purposes of recovering from defendant 30,000 pesos as
damages for breach of a promise to marry and to compel the latter to recognize the son Ismael his
natural child by virtue of a note given by him directed to the priest who christened the Ismael. The
note however provides: "The baby due in June is mine and I should like for my name to be given to it."

The case also seeks the recognition of daughter Pacita Loanco as a natural child of defendant however
SC finds no basis for such recognition as no proof were presented.

Issue 1: Held: No.


W/N indemnity for damages is The trial court was right in refusing to give damages to the
proper for the breach of promise to plaintiff, Antonia Loanco, for supposed breach of promise to
marry. marry. Such promise is not satisfactorily proved, and we may
add that the action for breach of promise to marry has no
standing in the civil law, apart from the right to recover
money or property advanced by the plaintiff upon the faith
of such promise.

Issue 2: Held:
W/N the note directed to the Yes. They refer to a baby then conceived which was expected to
priest be sufficient to prove be born in June and which would thereafter be presented for
recoginition by the defendant even christening. The baby came, and though it was in the end given
if the name given to the child is the name of Ismael Loanco instead of Cesar Syquia, Jr., its
different from that he requested in identity as the child which the defendant intended to
the said note. acknowledge is clear.

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