Pe vs Pe

TITLE: Pe vs. Pe

CITATION: 5 SCRA 200

FACTS:

Alfonso Pe, the defendant, was a married man, agent of La Perla Cigar and Cigarette Factory in Gasan Marinduque who was treated like a son by Cecilio Pe, one of the petitioners.  Cecilio introduced Alfonso to his children and was given access to visit their house. Alfonso got fond of Lolita, 24 year old single, daughter of Cecilio.  The defendant frequented the house of Lolita sometime in 1952 on the pretext that he wanted her to teach him how to pray the rosary.  Eventually they fell in love with each other.

Plaintiff brought action before lower court of Manila and failed to prove Alfonso deliberately and in bad faith tried to win Lolita’s affection.  The case on moral damages was dismissed.

ISSUE: Whether or not defendant is liable to Lolita’s family on the ground of moral, good custom and public policy due to their illicit affair.

HELD:

Alfonso committed an injury to Lolita’s family in a manner contrary to morals, good customs and public policy contemplated in Article 20 of the civil code.  The defendant took advantage of the trust of Cecilio and even used the praying of rosary as a reason to get close with Lolita.  The wrong caused by Alfonso is immeasurable considering the fact that he is a married man. 

WHEREFORE, the decision appealed from is reversed. 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.