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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
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.
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.