Geluz vs. CA, GR No.

L-16439, July 20, 1961

FACTS

 Nita Villanueva was pregnant by her current husband before they were legally married. She had
herself aborted by petitioner Antonio Geluz in order to conceal her pregnancy from her parents.
She became pregnant again after her marriage. She had herself aborted again by Geluz because
she was then employed by the COMELEC and her pregnancy proved inconvenient.
 Nita had her third abortion of a two-month-old fetus for the sum of P50.00 less than two years
later. Her husband was unaware of the abortion and did not consent to it. As a result, Oscar Lazo,
a private respondent, sued petitioner for damages based on the third and final abortion. The
trial court ruled that Antonio Geluz must pay P3,000.00 in damages, P700.00 in attorney's fees,
and the cost of the suit. The decision was upheld by the Court of Appeals.

ISSUE

 WON an unborn child is given with personality, so that if the unborn child is injured, his parents
can seek compensation from those who caused the unborn child's harm?

ISSUE

 No the unborn child has no civil personality as it is stated by the new civil code that Civil
Personality begins at birth of conception of the baby. It is obvious that birth must take place later
for the fetus to be considered to have legal personality. Since an action for monetary damages
due to injury or death primarily concerns the injured party, it is simple to understand that if no
such action could be brought on behalf of the unborn child on account of injuries it suffered, no
such right of action could subsequently accrue to its parents or heirs.