Quinajon, Elieann Mae P.

Pe v Pe

G.R. No. L-17396 May 30, 1962

CECILIO PE, ET AL., plaintiffs-appellants,

vs.
ALFONSO PE, defendant-appellee.

Cecilio L. Pe for and in his own behalf as plaintiff-appellant.

Leodegario L. Mogol for defendant-appellee.

BAUTISTA ANGELO, J.:

Facts:

Defendant, Alfonso Pe, married, who lives at Gasan, Marinduque in connection of his work at La Perla
Cigar and Cigarette Factory became close to Lolita Pes family, the mentioned plaintiffs, who regarded
him like a member of a family because of similarities in their last names. Defendant is an adopted child
of a Chinaman named Pe Beco who is a collateral relative of Lolita Pe. On the other hand, Lolita is 24
years old at the time of her disappearance and an unmarried woman. In 1952, defendant frequently
visits the house of the plaintiffs where Lolita is residing with her parents. The two eventually fell in love
with each other which made their tryst to be known at Gasan and Boac, where Lolita is teaching. They
exchanged love letters wherein they have written about their relationship. In 1955, when the plaintiffs
heard the rumors, they prohibited the defendant from seeing Lolita and even filed a deportation
proceeding against the Chinese national defendant. The two continued their relationship nonetheless. In
April 1957, Lolita disappeared for the house she was staying at Quezon City. Plaintiffs stated that even
Lolitas things were gone too. All they found was a note addressed to the defendant.

Defendant, after denying some allegations contained in the complaint, set up as a defense that the facts
alleged therein, even if true, do not constitute a valid cause of action.

Issue:

Whether or not the defendant can be held liable for moral damages under Art 21 of the New Civil Code

Decision:
Yes because the defendant committed injury to Lolitas family in a manner that is contrary to good
morals, good customs and public policy contemplated in Article 21 of the New Civil Code. There is a
proof that defendant lured Lolita in to falling in love with him. Moreover, it is stated in the fact that the
defendant frequents the house of plaintiffs even offering of teaching Lolita how to pray the rosary. It is
concluded that the defendant succeeded into seducing Lolita. Wherefore, Defendant is hereby
sentenced to pay the plaintiffs the sum of P5,000.00 as damages and P2,000.00 as attorney's fees and
expenses of litigations.