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Tanjanco v. CA, GR. No. L-18630, December 17, 1966
Tanjanco v. CA, GR. No. L-18630, December 17, 1966
Tanjanco v. CA, GR. No. L-18630, December 17, 1966
CA
GR. No. L-18630, December 17, 1966
Petitioner: Apolonio Tanjanco
Respondent: CA and Araceli Santos
Facts: In 1957, Apolonio Tanjanco courted Santos, professed his undying
love and affection, and the latter in due time began to reciprocate his
feelings. In consideration of Tanjancos promise of marriage, Santos
consented and acceded to Tanjancos pleas for carnal knowledge which
resulted in a child. She filed a complaint for recovery of damages from
Tanjanco because she had to quit her job, thus unable to support herself and
the baby; that due to Tanjancos refusal to marry her, she suffered from moral
shock, social humiliation and the like. Upon Tanjancos motion to dismiss,
the CFI dismissed the complaint for failure to state a cause of action.
Santos appealed to the CA, holding with the lower court that no cause of
action was shown to compel recognition of a child as yet unborn, nor for its
support, but decreed that the complaint did state a cause of action for
damages pursuant to Art. 21 of the NCC. CA then set aside the dismissal, and
directed the CFI to proceed with the case.
Tanjanco then appealed to the SC, pleading that actions for breach of a
promise to marry are not permissible in this jurisdiction.
Issue: W/N damages may be recovered from breach of promise to marry?