Jovencio Luansing vs. People and Court of Appeals, G.R. No. L 23289, February 28, 1969
Subject: Obligations and Contracts
FACTS
On August 15, 1958 the
offended party, Felisa Hernandez, filed a complaint for seduction against the
accused.
On or about the 10th day
of July, 1957, in the Barrio of San Roque, Municipality of Sto. Tomas, Province
of Batangas, Philippines, and within the jurisdiction of this Honorable Court the
above-named accused by means of deceit and false promise of marriage, did then
and there wilfully, unlawfully and feloniously seduce and have sexual
intercourse several times with one Feliza Hernandez, a virgin over 12 but under
18 years of age.
This information was
later amended by the Fiscal to change the date of the alleged commission of the
crime from July 10, 1957 to July 15, 1957. During the trial the private
prosecutor made a reservation to file a separate civil action and from then on
the prosecution was handled solely by the assistant Provincial Fiscal.
The Court a quo
subsequently rendered judgment finding the accused guilty beyond reasonable
doubt of the crime of seduction.
ISSUE
Whether or not the
imposition of civil liability proper, despite the reservation.
RULING
No, it was improper.
Abandonment requires a more convincing quantum of evidence than mere
forbearance to actually file the civil action, especially considering that the
same could be filed even after the decision in a criminal case had been
rendered. Besides, the claim for damages requires proof, and contemplates a
right on the part of the defendant to present his own rebuttal. As it was,
neither the offended party nor the accused was accorded the chance to present
evidence on the point. The same is true with regard to the amount of support
for the offspring.
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