FRANCISCO HERMOSSISIMA, plaintiff vs.

COURT OF APPEALS, et.al., defendant

No.L-14628. September 30, 1960

FACTS:

The complainant Soledad Cagigas is thirty six years old, a former high
school teacher and a life insurance agent. The petitioner Francisco Hermosisima
is ten years younger than complainant, and an apprentice pilot. Intimacy
developed between them and thus sometime 1953 after coming from the movies,
they had sexual intercourse in his cabin. In February 1954, the woman advised
the man that she is pregnant whereupon the man promised to marry her. Their
daughter Chris Hermosisima was born June 1954 in a private clinic.

However, subsequently the man married one Romanita Perez. Hence, Soledad
filed a complaint against Francisco for acknowledgement of her child as a natural
child of the petitioner, as well as for support of said child and moral damages
for alleged breach of promise to marry. The CFI now RTC declared the child a
natural daughter of the defendant, ordered Francisco to support the child by
giving a monthly alimony, awarded actual damages and moral damages.
On appeal of the petitioner, the CA affirmed the assailed decision however
increased the amount for actual and moral damages.

ISSUE:

Whether or not the award for moral damages is valid.

RULING:

The Supreme Court held that no moral damages can be had in the instant case
because it was the woman who virtually seduced the man by surrendering herself
to him because she a girl ten years older was overwhelmed by her love for him,
she wanted to bind him by having a fruit of their engagement even before they
had the benefit of clergy.