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CECILIO PE, et al.

VS ALFONSO PE
FACTS
Lolita Pe was 24 years old and unmarried. Alfonso was a married man, an adopted
son of a Chinaman who is a collateral relative of Lolita's father. Defendant bec
ame close to plaintiffs because of such fact and similarity in their family name
. Sometime in 1952, defendant frequented the house of Lolita on the pretext that
he wanted her to teach him how to pray the rosary. They fell in love with each
other. Rumors of their affair reached the parents in 1955 and since then, defend
ant was prohibited from going to their house and from seeing Lolita. The affair
continued nonetheless. On April 14, 1957, Lolita disappeared from said house and
the disappearance was reported to the police authorities and the NBI. up to the
present, there is no news or trace of her whereabouts.
ISSUE
WON the facts alleged, even if true, constitute a valid cause of action
RULING
Defendant won Lolita's affection through an ingenious scheme or trickery and sed
uced her to the extent of making her fall in love with him. The wrong that defen
dant has caused Lolita and her family is indeed immeasurable considering the fac
t that he is a married man. Verily, he has committed an injury to Lolita's famil
y in a manner contrary to morals, good customs, and public policy as contemplate
d in Article 21 of the New Civil Code.
ARTICLE 21, NEW CIVIL CODE OF THE PHILIPPINES
"Any person who wilfully causes loss or injury to another in a manner which is c
ontrary to morals, good customs, or public policy shall compensate the latter fo
r the damage."
- P5,000.00 as damages
- P2,000.00 as attorney's fees and expenses of litigation
- costs against appellee