Geluz vs CA

GR L16439
July 20, 1963
Ponente: JBL Reyes

Petition for certiorari

Petitioner: Antonio Geluz

Respondents: CA and Oscar Lazo

Nature

The husband of a women who approached and got an abortion from a doctor is suing the
doctor for damages. This woman has had 2 previous abortions with this doctor. The
caseof the 3rd abortion was brought to the Court of First Instance of Manila which ruled in
favor of the husband and ordered the doctor to pay 3000 pesos in damages.

The doctor (Geluz) brought the case to the Court of Appeals. The CA sustained the award
of 3000 pesos.

Geluz again filed a petition in the SC against the decision of the CA

The SC reversed the decision and of CA and dismissed the complaint for damages.

Legal Issues
The lower courts based their decision on Article 2206 (The amount of damages from a
death caused by a crime or quasi-delict shall be at least 3000 pesos).
The SC stated that an unborn fetus is not endowed with personality and thus was
incapable of having rights and obligations. As such no action for damages can be
instituted on behalf of an aborted fetus.
Article 40 NCC which says that a conceived child shall be considered born for all
purposes that are favorable to it applies only if it is born alive. This rule of law does not
apply to this case.
The SC dismissed the complaint because of lack factual or legal basis.

Other issues
Recovery cannot be had for the death of an unborn child. However the parents may still
collect moral damages based on distress and anguish attendant to the loss of the fetus. If
the couple had manifested mental pain and suffering or mental anguish they could have
sued for moral damages. But the courts did not see any manifestation of the sort.

Consent of woman or husband does not excuse the criminal act of abortion

An unborn fetus is without personality and awards for death of persons do not cover the
unborn fetus

Parents of the unborn fetus cannot sue for damages on its behalf

The damages which the parents of an unborn child can recover are limited to the moral
damages for the death of the fetus, i.e., on account of distress and anguish attendant to the
loss.