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    Hermosisima v. CA

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    ferosiac
    1) The petitioner had a sexual relationship with Soledad Cagigas which resulted in a child. He initially promised to marry her after she informed him of the pregnancy but later married another woman. 2) Soledad filed a case for acknowledgment of paternity of the child as well as for support and moral damages for breach of promise. The court ordered support payments but the CA affirmed no moral damages are recoverable for breach of promise to marry under Philippine law. 3) The court cited a previous case that ruled actions for breach of promise to marry cannot recover damages beyond money or property advanced in reliance on the promise, as these types of suits have shown potential for abuse.

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    Hermosisima v. CA

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    ferosiac
    161 views1 page
    1) The petitioner had a sexual relationship with Soledad Cagigas which resulted in a child. He initially promised to marry her after she informed him of the pregnancy but later married another woman. 2) Soledad filed a case for acknowledgment of paternity of the child as well as for support and moral damages for breach of promise. The court ordered support payments but the CA affirmed no moral damages are recoverable for breach of promise to marry under Philippine law. 3) The court cited a previous case that ruled actions for breach of promise to marry cannot recover damages beyond money or property advanced in reliance on the promise, as these types of suits have shown potential for abuse.

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    1) The petitioner had a sexual relationship with Soledad Cagigas which resulted in a child. He initially promised to marry her after she informed him of the pregnancy but later married another woman. 2) Soledad filed a case for acknowledgment of paternity of the child as well as for support and moral damages for breach of promise. The court ordered support payments but the CA affirmed no moral damages are recoverable for breach of promise to marry under Philippine law. 3) The court cited a previous case that ruled actions for breach of promise to marry cannot recover damages beyond money or property advanced in reliance on the promise, as these types of suits have shown potential for abuse.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    161 views1 page

    Hermosisima v. CA

    Uploaded by

    ferosiac
    1) The petitioner had a sexual relationship with Soledad Cagigas which resulted in a child. He initially promised to marry her after she informed him of the pregnancy but later married another woman. 2) Soledad filed a case for acknowledgment of paternity of the child as well as for support and moral damages for breach of promise. The court ordered support payments but the CA affirmed no moral damages are recoverable for breach of promise to marry under Philippine law. 3) The court cited a previous case that ruled actions for breach of promise to marry cannot recover damages beyond money or property advanced in reliance on the promise, as these types of suits have shown potential for abuse.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    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".

    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 "Escano," 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
    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".

    The history of breach 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 men. 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.

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