Hermosisima vs.

CA 109 SCRA 629

Hermosisima v. CA; 109 Phil 629
Hermosisima v. CA
Nature of the Case: Acknowledgment

Doctrine: "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 * * * upon the faith of such promise".

DAMAGES; BREACH OF PROMISE TO MARRY; NOT ACTIONABLE.

— It is the clear and manifest intent of Congress not to sanction
actions for breach of promise to marry

SEDUCTION AS GROUND FOR AWARD OF MORAL DAMAGES;

NATURE OF SEDUCTION CONTEMPLATED IN ARTICLE 2219 OF
NEW CIVIL CODE. — The "seduction" contemplated in Article 2219
of the New Civil Code as one of the cases where moral damages may
be recovered, is the crime punished as such in Articles 337 and 338
of the Revised Penal Code.

3. ID.; ID.; ID.; ID.; WHEN SEDUCTION DOES NOT EXIST. —

Where a woman, who was an insurance agent and former high
school teacher, around 36 years of age and approximately 10 years
older than the man, "overwhelmed by her love" for a man
approximately 10 years younger then her, had intimate relations
with him, because she "wanted to bind" him "by having a fruit of
their engagement even before they had the benefit of clergy," it
cannot be said that he is morally guilty of seduction.

On October 4, 1954, Soledad Cagigas, hereinafter referred to as

complainant, filed with said court of first instance a complaint for
the acknowledgment of her child, Chris Hermosisima, as natural
child of said petitioner, as well as for support of said child and
moral damages for alleged breach of promise. Petitioner admitted
the paternity of child and expressed willingness to support the later,
but denied having ever promised to marry the complainant. Upon
her motion, said court ordered petitioner, on October 27, 1954, to
pay, by way of alimony pendente lite, P50.00 a month, which was,
on February 16, 1955, reduced to P30.00 a month. In

Facts: Complainant Soledad Cagigas, was then a teacher in the in

Cebu, and petitioner, who was almost 10 years younger than she,
used to go around together and were regarded as engaged, although
he had made no promise of marriage prior thereto.

One evening, in 1953, when after coming from the movies, they had
sexual intercourse in his cabin on board M/V "Escaño," to which he
was then attached as apprentice pilot. In February, 1954, Soledad
advised petitioner that she was in the family way, whereupon he
promised to marry her. Their child, Chris Hermosisima, was born
on June 17, 1954, in a private maternity and clinic. However,
subsequently, or on July 24, 1954, defendant married one
Romanita Perez.

On October 4, 1954, Soledad Cagigas filed with said court of first

instance a complaint for the acknowledgment of her child, Chris
Hermosisima, as natural child of said petitioner, as well as for
support of said child and moral damages for alleged breach of
promise.

Petitioner admitted the paternity of child and expressed willingness

to support the later, but denied having ever promised to marry the
complainant.

The court ordered petitioner, on October 27, 1954, to pay, by way of

alimony pendente lite, P50 a month, which was, on February 16
1955, reduced to P30 a month. Sentencing defendant to pay to
plaintiff the sum of P4,500 for actual and compensatory damages;
the sum of P5,000 as moral damages; and the further sum of P500
as attorney's fees

CA affirmed this decision.

Issue: Whether moral damages are recoverable, under our laws, for

breach of promise to marry.
Ruling: NO

Article 21
Any person who wilfully causes loss or injury to another in a
manner that is contrary to morals, good customs or public policy
shall compensate the latter for the damage.

The elimination of this Chapter on breach of promise to marry and

and other related article is proposed. That breach of promise to
marry is not actionable has been definitely decided in the case of De
Jesus v. Syquia, 53 Phil., 366. The history of bleach of promise
suits in the United States and in England has shown that no other
action lends itself more readily to abuse by designing women and
unscrupulous man. It is this experience which has led to the
abolition of rights of action in the so-called Balm suits in many of
the American States.
Court ruled in De Jesus vs. Syquia (58 Phil., 866), 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 * * *
upon the faith of such promise".