015 - Geluz vs.

Court of Appeals 2 SCRA 801, Jul 20, 1961

Case Title : ANTONIO GELUZ, petitioner, vs. THE HON.COURT OF APPEALS and
OSCAR LAZO,respondents.

Case Nature : PETITION for review by certiorari of a decision of the Court of First
Instance of Manila.

Syllabi Class : Criminal Law|Damages|Abortion|Unborn foetus without personality

Syllabi

1. Criminal Law; Abortion; Consent of woman or husband does not excuse criminal
act.—
Abortion, without medical necessity to warrant it, is a criminal act, and neither
the consent of the woman nor that of the husband would excuse it.

2. Damages; Unborn foetus without personality; Award for death of a person does
not cover unborn foetus.—
The minimum award for the death of a person does not cover the case of an
unborn foetus that is not endowed with personality and incapable of having rights
and obligations.

3. Same; Same; Parents of unborn foetus cannot sue for damages on its behalf.—
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.

4. Same; Same; Nature of damages recoverable by parents of 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 foetus, i.e., on
account of distress and anguish attendant to its loss, and the disappointment of their
parental expectations, as well as to exemplary damages, if the circumstances should
warrant them (Art. 2230, New Civil Code).

Docket Number: No. L-16439

Counsel: Mariano H. de Joya, A.P. Salvador

Ponente: REYES

Dispositive Portion:
Let a copy of this decision be furnished to the Department of Justice and the
Board of Medical Examiners for their information and such investigation and action
against the appellee Antonio Geluz as the facts may warrant.