PE vs PE 5 SCRA 200

Thesis Statement:

Cecilio L. Pe and family, the plaintiffs-appellants brought this before the Court of First Instance of Manila
to recover moral, compensatory, exemplary and corrective damages on the grounds that the defendant-
appellee Alfonso Pe committed an injury to Lolita’s family in a manner contrary to morals, good customs
and public policy via illicit affair.

Plaintiffs-Appellants: Cecilio L. Pe and family

Defendant-Appellee: Alfonso Pe

Facts:

1. Plaintiffs are the parents, brothers and sisters of Lolita Pe, a 24-year-old single woman.
2. Defendant is a married man, Alfonso Pe, who works as agent of the La Perla Cigar and
Cigarette Factory.
3. Defendant was an adopted son of a Chinaman named Pe Beco, a collateral relative of
Lolita’s father.
4. The defendant became close to the plaintiffs who regarded him as a member of their family
and allowed him to frequent the house of Lolita on the pretext that he wanted her to teach
him how to pray the rosary.
5. The two eventually fell in love with each other and engaged in a clandestine tryst, or secret
affair.
6. Rumors of their love affair reached Lolita’s parents and the defendant was forbidden from
visiting their house and further seeing Lolita. The plaintiffs even filed deportation
proceedings against the defendant who is a Chinese national.
7. The affair between the defendant and Lolita continued despite the fact.
8. In April 1957, Lolita disappeared from the parental residence of which of her and her
siblings reside and left behind a love note recognized to be the defendant’s handwriting.

Issue: Whether or not the defendant is liable to Lolita’s family on the grounds that the illicit affair
between the defendant and Lolita caused great damage to the name and reputation of their family.

Ruling:

The claims of the plaintiffs for damages is based on the fact that the defendant, a married man carried
on a love affair with Lolita Pe, thereby causing plaintiffs loss or injury in a manner which is contrary to
morals, good customs or public policy. But the trial court considered their complaint not actionable for
the reason that they failed to prove that the defendant deliberately and in bad faith tried to win Lolita’s
affection. They cannot be unmindful of the uncertainties and sometimes inexplicable mysteries of the
human emotions, as it is a possibility that the defendant and Lolita simply fell in love with each other.
But this decision was appealed by the plaintiff and so the decision was reversed.

Yes, the defendant is liable. Based on Article 21 of the Civil code:

Any person who willfully causes loss or injury to another in a manner which is contrary to
morals, good customs or public policy shall compensate the latter for the damage.
It is shown by the facts and chain of events presented above, that the defendant has taken advantage of
the plaintiffs’ trust, deliberately, and through a clever strategy, succeeded in winning the affection and
love of Lolita to the extent of having Illicit relations with her until her disappearance. The wrong that
was committed is immeasurable considering the fact that he is a married man.

The defendant is hereby sentenced to pay the plaintiffs the sum of P5,000.00 as damages and P2,000.00
as attorney’s fees and expenses of litigations. Costs against appellee.