Galang vs CA

BEATRIZ GALANG, petitioner, vs.HON. COURT OF APPEALS, MAXIMO QUINIT and RODRIGO QUINIT, respondents.G.R. No. L-17248             January 29, 1962

Facts:

            This is an action against Rodrigo Quinit and his father Maximo Quinit to recover damages claimed to have been sustained by plaintiff Beatriz Galang for an alleged breach of promise on the part of Rodrigo Quinit to marry her.

            The evidence on other pertinent facts is, however, conflicting. On the side of the plaintiff,  Ms. Galang, she maintains that that Rodrigo courted her in 1953 and they, thereafter, became engaged, albeit Rodrigo's mother was opposed to their marriage; that on April 15, 1955 Rodrigo and his father went to her house and her marriage with Rodrigo were arranged, with the concurrence of her mother, appellant Maximino Quinit having agreed to give dowry and to defray the expenses of the marriage, with the exception of the wedding dress of appellee; that they agreed to have the marriage celebrated in Baguio, for which reason on April 27, 1955, appellee, Rodrigo and the latter's father left for Baguio; that upon arriving at Colorado Falls, however, Maximino made them alight from the bus and took them to the house of Adolfo Dagawan with whom Maximino agreed that appellee and Rodrigo would stay in said house, Maximino to pay P5.00 daily for their lodging and asked Dagawan to make all arrangements for their wedding in Baguio and to act as their sponsor; that after making these arrangements Maximino left, while appellee and Rodrigo remained in Dagawan's house where they lived as husband and wife until May 9, that on May 7, appellee and Rodrigo, accompanied by Dagawan, went to Baguio to secure a marriage license but failed because Rodrigo did not have a residence certificate, although both prospective contracting parties signed the corresponding application; that on May 9, on the pretext that he going to their hometown to get his residence certificate, Rodrigo left Colorado Falls and never returned; that when appellee returned to their hometown (Sison, Pangasinan), she found out that Rodrigo's parents had sprinted him away because, in their opinion, appellee's reputation was unsavory.

            Upon the other hand, the defendants sought to establish that Rodrigo and plaintiff . were engaged; that Rodrigo's parents were opposed to their marriage; that while Rodrigo was agreeable to marrying appellee, he wanted the marriage to take place after his graduation, while appellee was impatient and wanted the marriage to be held at an earlier date; that on April 26, 1955, in view of Rodrigo's continued relations with appellee, his parents told him to leave the parental home, for which reason on that date he left their house with his belongings and some gantas of rice; that before leaving their hometown he passed by the house of appellee and told her what had happened and further told her that he was intending to go to Manila to look for a job; that appellee convinced him to go, instead to Colorado Falls where they could discuss their plans and so there he went - followed later by appellee - both staying at the house of Dagawan; that because Rodrigo persistently refused to marry appellee, the latter's relatives, accompanied by policemen and constabulary soldiers, arrived at the place and tried to intimidate him; that in view of his continued refusal they brought him down to Sison where he was allowed to go home; that thereupon his parents placed him under the custody of Mayor Madriaga of the neighboring town of Rosario where he stayed from May 1, to June, 1955; that sometime during the month of June, Adolfo Dagawan sought Rodrigo on the pretext that he was going to tell him something important and was able to lure him to a secluded place where he was made to sign an application for a marriage license; that because of his non-appearance before a notary public, the latter refused to acknowledge the application.

            The court of first instance sustained plaintiff's pretense, but the Court of Appeals considered her evidence unworthy of credence, and, hence, reversed said decision insofar as Maximino Quinit is concerned, and modified it as regards Rodrigo Quinit, by eliminating the awards for moral damages and attorney's fees.

            This is an appeal by certiorari taken by plaintiff Beatriz Galang.

           

Issue:

            Whether or not Rodrigo Quinit and his father Maximino Quinit are liable for breach of promise against Beatriz Galang.

Held:

            Plaintiff maintains that the Court of Appeals had erred in the appreciation of the evidence, but the findings of said Court on the credibility of said evidence are beyond our power of review on appeal by certiorari and, consequently, conclusive upon us.

            It is next urged that said Court had also erred in not awarding moral damages to plaintiff, who insists that moral damages for breach of promise to marry are collectible under our laws, but this question has already been settled adversely to plaintiff's pretense in Hermosisima vs. Court of Appeals.

           

Dispo:

            The appealed decision of the Court of Appeals is hereby affirmed, therefore, without special pronouncement as to cost. It is so ordered