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.