Geluz v CA, G.R. No. L-16439, July 20, 1961

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Ponente: REYES, J.B.L., J.

Facts:

Nita Villanueva and Oscar Lazo are wife and husband. Nita underwent abortion three times all  performed by Antonio Geluz.

The third time, for a consideration of P50,000.

Oscar Lazo was in the province of Cagayan campaigning for his election. He did know of, nor gave his consent to the abortion.

Lazo filed a case before CFI of Manila against Geluz to recover damages.

CFI Manila rendered judgment in favor of Lazo, ordering Geluz to pay P3,000 as damages, P700 as attorney's fees and the costs of suit.

CA sustained the award, 3-2.

Geluz appealed the case to SC.

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Whether the husband of a woman who voluntarily procured her abortion, could recover damages from the physician who caused the same.

HELD: No. The husband cannot recover damages.  

Under these circumstances, there was no factual or legal basis for the husband to recover damages.

The CA and the CFI predicated the award of damages upon the provisions of the initial paragraph of Article 2206. This is an error as the said article does not cover the case of an unborn foetus.

Unborn foetus is not endowed with personality, being incapable of having rights and obligations. Hence, no right of action could accrue to its parents.

Invoking the provisional personality of a conceived child under Article 40 is not applicable, because that same article limits such provisional personality-that the child should be born alive (Article 41).

Parents are entitled to damages when the damages are inflicted directly upon them.  None for this case.

Parents are entitled to moral damages (on account of distress and anguish, and disappointment of their parental expectations), but no basis for the award was found in this case.

Lazo's indifference to his wife's previous abortions clearly indicates that he was unconcerned with the frustration of his parental hopes and affections. He didn't take any steps to investigate or seek punishment. He was not even concerned in the admin and criminal cases against Geluz. His concern was the huge amount he could obtain from Geluz.

DECISION: The decision appealed from is reversed, and the complaint ordered dismissed. Without costs.


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