Pe et. al vs. Pe

Pe et. al. vs. Pe
G.R. No. L-17396. 30 May 1962.
Bautista Angelo J.:
Appeal from a decision of the CFI Mla.

Facts: Plaintiffs are parents, brothers and sisters of Lolita Pe, an unmarried woman 24 years of age. Defendant, a married man, frequently visited Lolita’s house on the pretext that he wanted her to teach him to pray the rosary. They fell in love and conducted clandestine trysts. When the parents learned about this they prohibited defendant from going to their house. The affair continued just the same. On April 14, 1957 Lolita disappeared from her brother’s house where she was living. A note in the handwriting of the defendant was found inside Lolita’s aparador The present action was instituted under Article 21 of the Civil Code. The lower court dismissed the action and plaintiffs appealed.

Issue: W/N the defendant committed 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: “The circumstances under which defendant tried to win Lolita’s affection cannot lead to any other conclusion than that it was he who, thru an ingenious scheme or trickery, seduced the latter to the extent of making her fall in love with him. Indeed, 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. The wrong he has caused her and her family is indeed immeasurable considering the fact that he is a married man. Verily, he has committed and 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.”

*Dre