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UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW Persons

Yap (B2023) Ma’am Pangalangan


Tanjanco vs CA
G.R. No. L-18630 – Dec. 17, 1966
Supreme Court - En Banc

Article/s invoked
 Article 21, Civil Code; any person who willfully causes loss or injury to another in a manner that is
contrary to morals, good customs or public policy shall compensate the latter for the damage.

Case Summary
This is an appeal to revoke the decision of the Court of Appeals and to reinstate the decision of the Court of
First Instance dismissing the case. Tanjanco (then-appellee) was accused by Araceli Santos (then-plaintiff) of
seducing her with a promise to marry. Santos and Tanjanco engaged in intercourse for a year, after which
she got pregnant with his child. Tanjanco didn’t fulfill his promise to marry Santos, hence her petition suing
for moral damages under Article 21 of the Civil Code, alleging that she was seduced. Court of First Instance
dismissed the case, but Santos brought the case to the Court of Appeals, who then set aside the dismissal and
directed the court of origin to proceed with the case. Defendant Tanjaco appealed with the Supreme Court,
pleading that the breach of promise to marry was not under the jurisdiction of Article 21. The Supreme Court
found this meritorious. There was no seduction as both were two consenting adults. There is only voluntariness
and mutual passion, no deception.

The decision of the Court of Appeals is reversed and the decision of the Court of First Instance is affirmed.

FACTS OF THE CASE


I. December 1957
a. Tanjanco courted the plaintiff, Araceli Santos, both being of adult age.
b. Santos, in consideration of the defendant’s promise to marry, conceded to defendant’s pleas
for carnal knowledge.
II. December 1959
a. Santos conceived a child and resigned her job as secretary in IBM Philippines paying
P230/month (to avoid embarrassment).
b. Tanjanco didn’t push through with his promise to marry, driving Santos to “mental anguish,
moral shock, wounded feelings, and social humiliation.”
c. Santos filed a case with the Court of First Instance, for a decree compelling defendant to pay
not less than P430/month for (unborn lol) child support & P100,000 in moral and exemplary
damages & P10,000 attorney’s fees.
III. Court of First Instance dismissed the case for failure to state a cause of action, prompted by defendant’s
motion to dismiss.
IV. Plaintiff Santos appealed to the Court of Appeals, filing for damages under Art. 21 of the Civil Code.
a. Court of Appeals entered judgement setting aside the dismissal and directed the Court of First
Instance to proceed with the case. CA stated that while no cause of action can compel
recognition for support of unborn child, Santos can still file for damages.
V. Defendant appealed to Supreme Court to dismiss case, pleading that actions for breach of promise to
marry are not under the jurisdiction of Article 21. Supreme Court found this meritorious.
ISSUE/S & RATIO/S
1) W/N plaintiff Santos was entitled to moral damages under Article 21 of the Civil Code.
NO
 Plaintiff-appellee and defendant were both of legal age and single.
UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW Persons
Yap (B2023) Ma’am Pangalangan
 Plaintiff-appellee was not seduced (see notes for definition). Instead, there is voluntariness and mutual
passion.
 No case can be made under Art. 21 of the Civil Code.

RULING
The decision of the Court of Appeals is REVERSED, and that of the Court of First Instance is AFFIRMED.
No costs.

SEPARATE OPINION/S

NOTES
 Seduction – there must be sufficient promise or inducement. The woman must yield because of the
promise of other inducement. She must be induced to depart form the path of virtue by the use of some
species of arts, persuasion and wiles, which are calculated to have and do have that effect, and which
result in her in ultimately submitting her person to the sexual embraces of her seducer. (Buenaventura
case ruling).
 The child’s own rights are not involved here. The SC makes no pronouncement on such.

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