Estopa vs Piansay

By -

ERLINDA ESTOPA, plaintiff-appellee, 

vs.LORETA PIANSAY, JR., defendant-appellant.G.R. No. L-14733             September 30, 1960


Facts:
            The plaintiff Erlinda Estopa, a beautiful girl of twenty-three, residing in Bago, Negros Occidental, with her widowed mother, Felicidad Estopa, stated that she fell in love and submitted herself completely to the defendant Loreta Piansay, Jr., sometime in September, 1957, after a courtship that lasted for a couple of months during which period the defendant consistently promised and succeeded to make her believe in him that he was going to marry her; that sometime in December, 1957, the plaintiff was informed reliably that defendant was backing out from his promise of marriage so she demanded defendant's compliance to his promise in order to vindicate her honor, and plaintiff went to the extent of asking the help of defendant's parents, but all her efforts were in vain. Finally, realizing that her efforts were futile but knowing that her cause was not completely lost, she decided to file her complaint, not to compel defendant to marry her, but to demand from him a compensation for the damages that she sustained. No other claims of damages was petitioned, she merely alleged "social humiliation, mental anguish, besmirched reputation, wounded feeling and moral shock."
            This is an appeal from the decision of the Negros Occidental court of first instance awarding to plaintiff the sum of P5,000.00 by way of moral damages, P2,000.00 as exemplary damages and P1,000.00 as attorney's fees.
                       
Issue:
            Whether or not Estopa can claim damages becasue of the breach of promise to marry by Piasay.

Held:
            No, as plaintiff has no right to moral damages, she may not demand exemplary damages. While the amount of the exemplary damages need not be proved, the plaintiff must show that he is entitled to moral, temperate or compensatory damages before the court may consider the question of whether or not exemplary damages should be awarded. (Art. 2234, New Civil Code)
            We have today decided that in this jurisdiction, under the New Civil Code, the mere breach of a promise to marry is not actionable. (Hermosisima vs. Court of Appeals, Supra, 631); and we have reversed the Cebu court's award for moral damages in breach of promise suit. Consistently with such ruling, Loreta Piansay, Jr. may not be condemned to pay moral damages, in this case. Therefore, as plaintiff is not entitled to any damages at all, there is no reason to require Piansay, Jr. to satisfy attorney's fees.

Dispo:
            Judgment reversed, defendant absolved from all liability. No costs.


Comments

Post a Comment

Popular posts from this blog

Co vs Court of Appeals

By -
ALBINO S. CO,  petitioner,  vs. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES,  respondents. G.R. No. 100776 October 28, 1993 Facts:                 In connection with an agreement to salvage and refloat asunken vessel — and in payment of his share of the expenses of the salvage operations therein stipulated — petitioner Albino Co delivered to the salvaging firm on September 1, 1983 a check drawn against the Associated Citizens' Bank, postdated November 30, 1983 in the sum of P361,528.00. The check was deposited on January 3, 1984. It was dishonored two days later, the tersely-stated reason given by the bank being: "CLOSED ACCOUNT."                 A criminal complaint for violation of Batas Pambansa Bilang 22 2 was filed by the salvage company against Albino Co with the Regional Trial Court of Pasay City. The case eventuated in Co's conviction of the crime charged, and his being sentenced to suffer a term of imprisonment of sixty (60) days and to inde
Read more

GONZALES vs COMELEC [G.R. No. L-28196, November 9, 1967]

By -
FACTS: On March 16, 1967, the Senate and the House of Representatives passed resolutions No. 1, 2 and 3 – i.e. to increase the seats of the Lower House from 120 to 180; to convoke a Constitutional Convention of 1971; and to amend the Constitution (Section 16, Article VI) so they can become delegates themselves to the Convention.  Subsequently, Congress passed a bill, which, upon approval by the President, on June 17, 1967, became Republic Act No. 4913, providing that the amendments to the Constitution proposed in the aforementioned Resolutions No. 1 and 3 be submitted, for approval by the people, at the general elections which shall be held on November 14, 1967. Two cases were filed against this act of Congress:  One an is original action for prohibition, with preliminary injunction by Ramon A. Gonzales, in L-28196, a Filipino citizen, a taxpayer, and a voter. He claims to have instituted case L-28196 as a class unit, for and in behalf of all citizens, taxpayers, and voters simil
Read more

PNB vs CA & Gueco et al

By -
PHILIPPINE NATIONAL BANK VS. COURT OF APPEALS,RITA GUECO TAPNIO,CECILIO GUECO and THE PHILIPPINE AMERICAN GENERAL INSURANCE COMPANY FACTS: Mrs. Rita Gueco Tapnio was indebted to the Philippine National Bank at San Fernando,Pampanga for the total sum of P2,379.91.  Her indebtedness was a crop loan and was secured by the mortgage on her standing crap including her sugar quota allocation for the agricultural year corresponding to the said standing crop. During agricultural year 1956-1957 Mrs. Tapnio had an excess in her export sugar quota, 1000 piculs which she does not need. Mr. Jacobo Tuazon, a planter harvest less than his sugar quota. Mrs. Tapnio agreed to allow Mr. Tuazon to use her excess sugar quota for the consideration of P2,500.00.  Since the quota of Mrs. Tapnio was mortgaged to the PNB, the contract of lease that Mrs. Tapnio and Mr. Tuazon agreed into had to be approved by the bank. The branch manager required the parties to raise the consideration to P2,800.00 informing
Read more