Beruflich Dokumente
Kultur Dokumente
Facts:
Cesar Syquia, following amorous realtions with Antonia Loanco, fathered a baby boy [Ismael].
Defendant was a constant visitor of Antonia, in the early months of the pregnancy, and in February 1931,
handed a letter to Loanco, directed to the Priest to baptize the child, as follows:
Saturday, 1:30 p. m.
February 14, 1931
Rev. FATHER,
The baby due in June is mine and I should like for my name to be given to it.
Several letters followed the above, showing Cesar Syquias interest in the wellbeing of the mother
and the (then unborn) child. After the birth of the first child, Syquia took Antonio, and said child, and lived
together for a year in regular family style; when Antonia began to show signs of a second pregnancy Cesar
Syquia left.
Cesar Syquia is now married to another woman, and his first child with Antonia was christened as
Isamel Loanco.
An action was instituted in the Court of First Instance (CFI) of Manila by Antonia Loanco de Jesus,
representing her Children, Ismael and Pacita Loanco, asking said court to compel defendant Cesar Syquia
to:
1. pay damages (30,000 pesos) for a breach of a marriage promise with plaintiff Antonia Loanco
De Jesus
2. recognize Ismael and Pacita Loanco as his Natural Children with Antonia Loanco
3. pay for the maintenance of the three Loancos, at a rate of 500 pesos a month
CFI Manila responded, decree requiring the defendant to recognize Ismael Loanco as his natural
child and to pay maintenance for him at the rate of fifty pesos per month, with costs, dismissing the action
in other respects.
Issue:
1. The first question that is whether the note to the padre, quoted above, in connection with the
letters written by the defendant to the mother during pregnancy, proves an acknowledgment of
paternity,
2. The second question is whether the trial court erred in holding that Ismael Loanco had been
in the uninterrupted possession of the status of a natural child
3. Whether Antonia is entitled to damages for the alleged breach of promise to marry.
Held:
The facts already stated are sufficient, in our opinion, to justify the conclusion of
the trial court on this point.
The defendant had acknowledged this child in writings above referred to must
be taken in connection with the facts found by the court upon the second point.
It is undeniable that from the birth of this child the defendant supplied a home for
it and the mother, in which they lived together with the defendant. This situation continued
for about a year, and until Antonia became enciente a second time, when the idea entered
the defendant's head of abandoning her.
3. Antonia is NOT entitled to damages relating to the breach of promise to marry.
Such promise is not satisfactorily proved, and we may add that the action for
breach of promise to marry has no standing in the civil law, apart from the right to
recover money or property advanced by the plaintiff upon the faith of such promise.
Analysis:
Only Art 21 applies to the instant case for there exists no law that explicitly penalizes the breach
of a promise to marry, specifically. As such, compensation is the only available relief for Petitioner-
Appellant Antonia.