Title
People vs. Pe
Case
G.R. No. L-17396
Decision Date
May 30, 1962
A married man’s illicit affair with a single woman caused her disappearance, leading to moral damages under Article 21 of the Civil Code.

Case Summary (G.R. No. L-17396)

Factual Background

Plaintiffs were the parents, brothers and sisters of one Lolita Pe. Defendant was a married man, a Chinese national and an agent of the La Perla Cigar and Cigarette Factory who resided and worked in Gasan, Marinduque. At her disappearance Lolita was twenty-four years old and unmarried. Defendant was an adopted son of a Chinaman named Pe Beco, a collateral relative of Lolita’s father, and by reason of the family connection he was accorded free access to Lolita’s home. Beginning about 1952, defendant frequented Lolita’s house under the pretext of having her teach him how to pray the rosary. The two fell in love and conducted clandestine trysts in Gasan and in Boac where Lolita taught in a barrio school. They exchanged love notes. Rumors of the affair reached Lolita’s parents in 1955, and thereafter defendant was forbidden from visiting their house and from seeing Lolita; plaintiffs even instituted deportation proceedings against defendant. Despite the prohibition, the affair continued. On April 14, 1957, Lolita disappeared from her relatives’ residence in Quezon City. Her clothes were missing and plaintiffs found a crumpled slip of paper in her aparador with handwriting recognized as defendant’s, saying in English, “Honey, suppose I leave here on Sunday night, and that’s 13th of this, month and we will have a date on the 14th, that’s Monday morning at 10 am. Reply Love.” The disappearance was reported to the police and the NBI, but no trace of Lolita was found.

Trial Court Proceedings

Plaintiffs brought suit in the Court of First Instance of Manila for moral, compensatory, exemplary and corrective damages in the aggregate amount of P94,000.00, exclusive of attorney’s fees and expenses. Defendant denied certain allegations and pleaded as a defense that even if the facts alleged were true they did not constitute a valid cause of action. The trial court found that defendant had carried on a love affair with Lolita but held that plaintiffs had failed to prove that defendant, being aware of his marital status, deliberately and in bad faith induced Lolita to yield her affections. The trial court emphasized the uncertainties of human emotions and observed that it was possible that both parties simply fell in love against their better judgment. On that basis the trial court dismissed the complaint.

Issues on Appeal

The principal question on appeal was legal: whether the facts as found by the trial court established liability under Article 21 of the new Civil Code for willfully causing injury to another in a manner contrary to morals, good customs or public policy. Ancillary issues were whether plaintiffs had proved that defendant deliberately induced the illicit relationship and whether circumstantial evidence in the record permitted an inference of deliberate seduction.

Parties’ Contentions

Plaintiffs contended that the illicit affair between defendant and Lolita, combined with the circumstances of defendant’s conduct, established that defendant willfully caused injury to Lolita’s family in a manner contrary to morals and public policy and therefore was liable under Article 21. Defendant maintained that the proven facts, at most, showed a mutual illicit liaison and did not demonstrate deliberate inducement or bad faith sufficient to give rise to civil liability.

Ruling of the Supreme Court (Disposition)

The Supreme Court reversed the decision of the trial court. The Court held that defendant was liable under Article 21 of the new Civil Code for having caused injury to Lolita and her family in a manner contrary to morals, good customs and public policy. The Court sentenced defendant to pay the plaintiffs P5,000.00 as damages and P2,500.00 as attorney’s fees and expenses of litigation. Costs were assessed against the appellee.

Legal Basis and Reasoning

The Court examined the chain of events and the attendant circumstances and concluded that they warranted the inference that defendant deliberately and by stratagem induced Lolita to fall in love with him and to engage in illicit relations. The Court relied upon the frequency and character of defendant’s visits under the religious pretext, the clandestine nature of the meetings in two towns, the parents’ prohibition and the institution of deportation proceedings, and defendant’s persistence despite those obstacles. The Court rejected the trial court’s reluctance to draw the inference of deliberate inducement from the facts, observing that the totality of the circumstances permitted the conclusion that defendant employed an ingenious scheme or tricke

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