Facts:
Antonio Geluz was the defendant and petitioner in the present certiorari proceeding decided on July 20, 1961 in Manila, and
Oscar Lazo was the plaintiff and respondent below. The facts established that
Nita Villanueva, who later became the wife of the plaintiff, underwent three abortions performed by Geluz: the first in 1950 before marriage upon the advice of an aunt; a second in October 1953 while she was employed at the Commission on Elections; and a third abortion of a two-month foetus on February 21, 1955 at the defendant's clinic on Carriedo and P. Gomez streets in Manila for which fifty pesos was paid, the plaintiff being in Cagayan campaigning and not having given consent or knowledge. Plaintiff Lazo filed suit in the
Court of First Instance of Manila against Geluz claiming damages; the trial court found for the plaintiff and awarded P3,000 damages, P700 attorney's fees and costs. On appeal a special division of five of the
Court of Appeals affirmed by a majority of three to two. Geluz sought and obtained certiorari from the Supreme Court.
Issues:
Could the husband recover civil damages from the physician who caused the abortion of his wife's foetus?; Does the initial paragraph of
Article 2206 of the Civil Code authorize a minimum award of P3,000 for the death of an unborn foetus?; Were the parents entitled to moral or exemplary damages for the destruction of the foetus under the Civil Code?
Ruling:
Ratio:
Doctrine: