Pe vs. Pe

CECILIO PE, ET AL., plaintiffs-appellants,
vs.
ALFONSO PE, defendant-appellee.

G.R. No. L-­17396
May 30, 1962

FACTS:

Plaintiffs are the parents, brothers and sisters of one Lolita Pe, who is 24 years old and unmarried. Defendant, Alfonso Pe, on the other hand, is a married man. Because of the similarity in their family name, defendant became close to the plaintiffs who regarded him as a member of their family. Defendant frequented the house of Lolita on the pretext that he wanted her to teach him how to pray the rosary. The two eventually fell in love with each other and conducted clandestine love affairs. When the rumors about their illicit affairs reached the knowledge of her parents, defendant was forbidden from going to their house and even from seeing Lolita. Nevertheless, defendant continued his love affairs with Lolita until she disappeared from the parental home.

Plaintiffs then brought an action to recover moral, compensatory, exemplary and corrective damages. They based their action on Article 21 of the New Civil Code, which 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.” Defendant set up as a defense that the facts alleged therein, even if true, do not constitute a valid cause of action.

ISSUE:

Did the defendant commit 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?

HELD:

YES. Alfonso committed an injury to Lolita’s family in a manner contrary to morals, good customs and public policy contemplated in Article 20 of the Civil Code. The wrong caused by Alfonso is immeasurable considering the fact that he is a married man.

The defendant took advantage of the trust of the plaintiffs and even used the praying of rosary as a reason to get close with Lolita. The defendant tried to win Lolita’s affection thru an ingenious scheme or trickery, seduced Lolita to the extent of making her fall in love with him. No other conclusion can be drawn from this chain of events than that 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.

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