21. bunag jr. v ca

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Bunag Jr. v. Court of Appeals, G.R. No. 101749 – July 10, 1992 Facts: Conrado Bunag Jr. and Zenaida Cirilo were sweethearts. On September 8, 1973, Bunag, Jr. abducted and brought Cirilo to the motel where he deflowered her against her will and consent. Then, after promising to marry Cirilo, Bunag Jr. brought her to the house of his grandmother in Pamplona, Las Piñas, where they lived together. On September 29, 1973, Bunag Jr. left and never returned. Cirilo filed a complaint for damages for breach of promise to marry against Bunag, Jr. and his father Bunag, Sr., who allegedly condoned and supported his son’s promise to marry Cirilo. On August 20, 1983, after finding that Bunag Jr. had forcibly abducted and raped Cirilo, the trial court rendered a decision ordering Bunag, Jr. to pay her P80,000.00 as moral damages, P20,000.00 as exemplary damages, among others. Bunag, Sr. was absolved from any and all liability. Bunag Jr. appealed the decision to Court of Appeals, but the appellate court affirmed in toto the judgment of the trial court. Bunag Jr. filed this petition for review from the decision of the Court of Appeals. Aside from raising pure questions of fact, which the Supreme Court refused to settle, Bunag Jr. asserted that since the action involves a breach of promise to marry, the trial court erred in awarding damages. Issue: W/N a mere breach of promise to marry is an actionable wrong. Ruling: Generally, a breach of promise to marry per se is not actionable, except where the plaintiff has actually incurred expenses for the wedding and the necessary incidents thereof. However, the award of moral damages is allowed in cases specified in or analogous to those provided in Article 2219 of the Civil Code. Correlatively, under Article 21 of said Code, in relation to paragraph 10 of said Article 2219, 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 moral damages. Article 21 was adopted to remedy the countless gaps in the statutes which leave so many victims of moral wrongs helpless even though they have actually suffered material and moral injury, and is intended to vouchsafe adequate legal remedy for that untold number of

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Re. Breach of promise to marry

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Bunag Jr. v. Court of Appeals, G.R. No. 101749 July 10, 1992Facts:ConradoBunagJr. andZenaidaCiriloweresweetearts. !n"e#te$%er &, 197', Bunag, Jr.a%du(ted and %rougt Cirilo to te $otel were e de)lowered er against er will and (onsent. *en,a)ter #ro$ising to $arry Cirilo, Bunag Jr. %rougt er to te ouse o) is grand$oter in +a$#lona, ,as+i-as, were tey li.ed togeter. !n "e#te$%er 29, 197', Bunag Jr. le)t and ne.er returned. Cirilo )iled a (o$#laint )or da$ages)or %rea( o) #ro$ise to $arry against Bunag, Jr. and is )ater Bunag, "r., wo allegedly (ondoned andsu##orted is son/s #ro$ise to $arry Cirilo. !n 0ugust 20, 19&', a)ter )inding tat Bunag Jr. ad )or(i%lya%du(ted and ra#ed Cirilo, te trial (ourt rendered a de(ision ordering Bunag, Jr. to #ay er +&0,000.00 as$oral da$ages, +20,000.00 as e1e$#lary da$ages, a$ong oters. Bunag, "r. was a%sol.ed )ro$ any andall lia%ility. Bunag Jr. a##ealed te de(ision to Court o) 0##eals, %ut te a##ellate (ourt a))ir$edin totote 2udg$ent o) te trial (ourt. Bunag Jr. )iled tis #etition )or re.iew )ro$ te de(ision o) te Court o)0##eals. 0side )ro$ raising #ure 3uestions o) )a(t, wi( te "u#re$e Court re)used to settle, Bunag Jr.asserted tatsin(e te a(tionin.ol.esa %rea(o) #ro$ise to $arry,tetrial (ourt erredinawardingda$ages.Issue: 45N a $ere %rea( o) #ro$ise to $arry is an a(tiona%le wrong.Ruling:Generally, a %rea( o) #ro$ise to $arry #er se is not a(tiona%le, e1(e#t were te #lainti)) asa(tually in(urred e1#enses )or te wedding and te ne(essary in(idents tereo).6owe.er,teawardo)$oralda$agesisallowedin(asess#e(i)iedinoranalogoustotose#ro.ided in 0rti(le 2219 o) te Ci.il Code. Correlati.ely, underArticle 21 o) said Code, in relation to#aragra# 10 o) said Article 2219, any person who willfully causes loss or injury to another in a mannerthat is contrary to morals, good customs or public policy shall compensate the latter for moral damages.0rti(le 21 was ado#ted to re$edy te (ountless ga#s in te statutes wi( lea.e so $any .i(ti$s o) $oralwrongs el#less e.en toug tey a.e a(tually su))ered $aterial and $oral in2ury, and is intended to.ou(sa)e ade3uate legal re$edy )or tat untold nu$%er o) $oral wrongs wi( is i$#ossi%le )or u$an)oresigt tos#e(i)i(ally#ro.ide)orintestatutes. *ea(tso)BunagJr.irre$issi%ly(onstitutea(ts(ontrary to $orals and good (usto$s.+etition is denied.Note7 Itisnotnownecessarythatacriminalprosecutionforrapebefirstinstitutedandprosecutedtofinaljudgment beforeacivil actionbasedonsaidoffenseinfavorof theoffendedwomancanlikewisebeinstituted and prosecuted to final judgment. Moral damages are not awarded to penalize the defendant but to compensate the plaintiff for injuries hemay have suffered.