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    CECILIO PE, ET AL., Vs ALFONSO PE

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    Thea Porras
    The plaintiff, Cecilio Pe, sought damages from the defendant, Alfonso Pe, for seducing and having an affair with Lolita Pe, causing her family immeasurable harm. The trial court dismissed the complaint, but the Supreme Court reversed, finding the defendant liable under Article 21 of the Civil Code for willfully causing injury through immoral acts. The defendant had schemed to win Lolita's affection by frequently visiting her home under false pretenses, and they began a clandestine love affair, despite the defendant being married.

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    CECILIO PE, ET AL., Vs ALFONSO PE

    Uploaded by

    Thea Porras
    27 views2 pages
    The plaintiff, Cecilio Pe, sought damages from the defendant, Alfonso Pe, for seducing and having an affair with Lolita Pe, causing her family immeasurable harm. The trial court dismissed the complaint, but the Supreme Court reversed, finding the defendant liable under Article 21 of the Civil Code for willfully causing injury through immoral acts. The defendant had schemed to win Lolita's affection by frequently visiting her home under false pretenses, and they began a clandestine love affair, despite the defendant being married.

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    CECILIO PE, ET AL., vs ALFONSO PE

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    The plaintiff, Cecilio Pe, sought damages from the defendant, Alfonso Pe, for seducing and having an affair with Lolita Pe, causing her family immeasurable harm. The trial court dismissed the complaint, but the Supreme Court reversed, finding the defendant liable under Article 21 of the Civil Code for willfully causing injury through immoral acts. The defendant had schemed to win Lolita's affection by frequently visiting her home under false pretenses, and they began a clandestine love affair, despite the defendant being married.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    27 views2 pages

    CECILIO PE, ET AL., Vs ALFONSO PE

    Uploaded by

    Thea Porras
    The plaintiff, Cecilio Pe, sought damages from the defendant, Alfonso Pe, for seducing and having an affair with Lolita Pe, causing her family immeasurable harm. The trial court dismissed the complaint, but the Supreme Court reversed, finding the defendant liable under Article 21 of the Civil Code for willfully causing injury through immoral acts. The defendant had schemed to win Lolita's affection by frequently visiting her home under false pretenses, and they began a clandestine love affair, despite the defendant being married.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    CECILIO PE, ET AL.

    , vs ALFONSO PE

    Doctrine:

    When the wrong done is immeasurable so as to cause an injury that is in a manner contrary to
    morals, good customs and public policy as contemplated in Article 21 of the new Civil Code,
    whoever committed the wrongful act shall be liable for damages.

    Plaintiff’s Contention (Cecilio Pe):

    Seeks to recover moral, compensatory, exemplary and corrective damages in the amount of
    P94,000.00, exclusive of attorney’s fees and expenses of litigation because of the wrong that
    the defendant has done to their family.

    Defendant’s Contention (Alfonso vs Pe):

    Set up as a defense that the facts alleged in the complaint, even if true, do not constitute a valid
    cause of action.

    Rulings:

    CFI: Dismissed the complaint on the basis that defendant cannot be held liable for moral
    damages it appearing that plaintiffs failed to prove that defendant, being aware of his marital
    status, deliberately and in bad faith tried to win Lolita’s affection.

    SC: Reversed the decision of the lower court and awarded damaged to the plaintiff.

    Facts:

    Defendant won Lolita Pe’s affection thru a scheme and seduced her to the extent of making her
    fall in love with him. The defendant frequented the house of Lolita on the pretext that he wanted
    her to teach him how to pray the rosary. Because of the frequency of his visits to the latter’s
    family the two eventually fell in love with each other and conducted clandestine love affairs.

    When the rumors about their illicit affair reached the knowledge of her parents, defendant was
    forbidden from going to their house and even from seeing Lolita. Deportation proceedings were
    even filed against defendant who is a Chinese national. The defendant has caused Lolita and
    her immeasurable wrong considering the fact that he is a married man.

    Issue:

    Whether or not the plaintiff is liable for damages based on Article 21 of the New Civil Code.

    Ruling:

    Yes, the plaintiff is liable for damages.

    Article 21 of the New Civil Code provides that Any person who wilfully causes loss or injury to
    another in a manner which is contrary to morals, good customs or public policy shall
    compensate the latter for the damage.
    In this case, the defendant not only deliberately, but through a clever strategy, succeeded in
    winning the affection and love of Lolita to the extent of having illicit relations with her. The wrong
    he has caused her and her family is immeasurable considering the fact that he is a married
    man. He has committed an injury to Lolita’s family in a manner contrary to morals, good
    customs and public policy as contemplated in Article 21 of the new Civil Code.

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