TANJANCO v. COURT of APPEALS: no. Reversed. Petition dismissed. Araceli Santos sued Apolonio Tanjanco for damages after he refused to marry her. Tananco's lawyer argued that a mere carnal act is insufficient to warrant recovery.
TANJANCO v. COURT of APPEALS: no. Reversed. Petition dismissed. Araceli Santos sued Apolonio Tanjanco for damages after he refused to marry her. Tananco's lawyer argued that a mere carnal act is insufficient to warrant recovery.
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TANJANCO v. COURT of APPEALS: no. Reversed. Petition dismissed. Araceli Santos sued Apolonio Tanjanco for damages after he refused to marry her. Tananco's lawyer argued that a mere carnal act is insufficient to warrant recovery.
Copyright:
Attribution Non-Commercial (BY-NC)
Available Formats
Download as DOC, PDF, TXT or read online from Scribd
On Dec., 1957, Apolonio Tanjanco courted Araceli Manila like a regular family for about a year. When De Santos. They were both of legal age then. After some Jesus began to show signs of a second pregnancy, time, they became a couple and in consideration of Syquia left his family and is now married to another Tanjanco’s promise of marriage, Santos acceded to his woman. De Jesus sued Syquia for damages for pleas of carnal knowledge. This happened regularly for breaching his promise to marry and compelling him about one year until Dec. 1959. Santos conceived a recognize his children. child and as a result of her pregnancy, she was forced to ISSUES: resign from her job as a secretary in IBM Phil. where she 1. WON letters & note to priest are valid received a salary of P230.00 monthly. Tanjanco refused acknowledgements of paternity? to marry her causing her mental anguish, besmirched 2. WON Ismael had an uninterrupted possession of reputation, wounded feelings, moral shock & social status as natural child? humiliation. She sued Tanjanco for damages. 3. WON there was breach of promise to marry? ISSUE: WON Santos is entitled to damages? HELD: Recognize first child, and pay for his HELD: NO. Reversed. Petition dismissed. maintenance. All other aspects dismissed. RATIO: RATIO: 1. Estopa v. Piansay, Hermosisima v. CA, De Jesus 1. Yes. Though unborn, child can already obtain rights. v. SyQuia: actions for breach of a promise to marry Note to padre is sufficient, it being clear & not are not permissible in this jurisdiction. capable of 2 constructions. Doubt on the letter to the 2. Purpose behind Art. 21 (any person who willfully padre, removed by the letters sent by Syquia to de causes loss or injury to another in a manner that is Jesus while he was away. All these letters can be put contrary to morals, good customs or public policy together to supplement each other. shall compensate the latter for damages) 2. Yes. CC Art. 135(2) (Father may be compelled to acknowledge his natural child: when the child has Fill countless gaps in statutes which leave so many been in the uninterrupted possession of a status of victims or moral wrongs helpless, some even natural child of defendant father, justified by conduct suffering material & moral injury. (ex. Seduction) of the father himself or that of his family). 3. SEDUCTION a. US v. Buenaventura: it’s more than mere Law didn’t fix period for continuous possession of sexual intercourse; it connotes the idea of status of natural child. deceit, enticement, superior power or abuse of confidence on the part of the seducer to which Continuous: concession of status shall continue the woman has yielded. Woman must yield forever, but only that it shall not be of an intermittent because of promise or other inducement. If she (broken, inconsistent) character while it continues. consents merely from lust, it’s not seduction. 3. No. It’s not satisfactorily proven and has no standing b. American Jurisprudence: enticement or in civil law except when there’s rt to recover money or deception or persuasion is essence of injury & property advanced upon faith of such promise. mere proof of intercourse insufficient to warrant DISSENTING OPINION: recovery. 1. Written requirement must be complete in and by itself and should contain statements that are necessary to c. Case at bar: Santos entered into carnal act constitute a full and clear acknowledgement. Letters voluntarily with mutual passion. Had she been are vague. You can’t ascertain who Junior or the seduced then she could have gotten out of the creature coming out in June is. You’d need to prove relationship as soon as she can and not wait illicit relationship between De Jesus and Syquia and until after one year without him fulfilling his in the process of investigating, you’ll violate rule promise to marry her. Thus not covered by CC which prohibits investigation on paternity except when Art. 21. under Art. 135 CC. 2. Father may be compelled to acknowledge natural DE JESUS VS. SYQUIA child if there is an Uninterrupted possession of status Cesar Syquia, then 23 years old, single and a scion of a of natural child. In this case, no proof that status was prominent family in Manila, met Antonia de Jesus, then uninterrupted. Proof based on letters done prior to 20 and unmarried and employed as a cashier at the birth of child is inadmissible. Unborn, thus, he has no barber shop of Vicente Mendoza who was Syquia’s rights yet. brother-in-law. They became a couple and later on they engaged in an intimate relationship that led to the BUENAVENTURA VS. URBANO: Recognition of conception of Ismael Loanco who was born on June 17, children is verbally is not sufficient. It must appear in 1931. Prior to the birth of the boy, Syquia sent a note to writing. . the priest who was expected to christen the baby telling 3. Can’t make him liable, due to lack of acknowledgment him that he wanted his name to be given to the baby. of paternity written in an unquestionable manner and Likewise, while he was away, he sent letters to De Jesus child has not enjoyed uninterrupted possession of telling her to take care of herself and the baby whom he status of natural child. called Junior. He arranged everything for the arrival of -trina- ü