Hermosisima v. CA
Nature of
the Case: Acknowledgment
Doctrine:
Facts: Complainant Soledad Cagigas, was then a teacher
in the in Cebu, and petitioner, who was almost 10 years younger than she, used
to go around together and were regarded as engaged, although he had made no
promise of marriage prior thereto.
One
evening, in 1953, when after coming from the movies, they had sexual
intercourse in his cabin on board M/V "Escaño," to which he was then
attached as apprentice pilot. In February, 1954, Soledad advised petitioner
that she was in the family way, whereupon he promised to marry her. Their
child, Chris Hermosisima, was born on June 17, 1954, in a private maternity and
clinic. However, subsequently, or on July 24, 1954, defendant married one
Romanita Perez.
On October
4, 1954, Soledad Cagigas filed with said court of first instance a complaint
for the acknowledgment of her child, Chris Hermosisima, as natural child of
said petitioner, as well as for support of said child and moral damages for
alleged breach of promise.
Petitioner
admitted the paternity of child and expressed willingness to support the later,
but denied having ever promised to marry the complainant.
The court
ordered petitioner, on October 27, 1954, to pay, by way of alimony pendente
lite, P50 a month, which was, on February 16 1955, reduced to P30 a month.
Sentencing defendant to pay to plaintiff the sum of P4,500 for actual and
compensatory damages; the sum of P5,000 as moral damages; and the further sum
of P500 as attorney's fees
CA affirmed
this decision.
Issue: Whether moral damages are recoverable,
under our laws, for breach of promise to marry.
Ruling: NO
Court ruled
in De Jesus vs. Syquia (58 Phil., 866), that "the action for breach of
promise to marry has no standing in the civil law, apart from the right to
recover money or property advanced * * * upon the faith of such promise".
The history
of breach of promise suits in the United States and in England has shown that
no other action lends itself more readily to abuse by designing women and
unscrupulous men. It is this experience which has led to the abolition of
rights of action in the so-called Balm suits in many of the American States.
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