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The defendant, Alfonso Pe was a married man and is the adopted son of Cecilio Pes collateral relative. Cecilio introduced Alfonso to his children and was welcomed to their house freely. The defendant became close to the family and was treated as a family member. Alfonso frequented the house of Lolita on the pretext that he wanted her to teach him how to pray the rosary. The two fell in love and under such pretence, continued an affair. Rumors of the affair reached the family of Lolita and in spite of their protest, the tryst went on. The petitioners even filed a deportation proceeding against the defendant who is a Chinese national. In April 1957, more or less five years since the affair, Lolita disappeared. The lower court dismissed the complaint. ISSUE: Whether or not defendant is liable to Lolitas family on the ground of moral, good custom and public policy due to their illicit affair. HELD: Based on Article 21 of the Civil Code which provides: Any person who wilfully causes loss or injury to another in a manner which is contrary to morals, good customs or public policy shall compensate the latter for the damage. The claim of the petitioners is based on the fact that Alfonso committed an injury to Lolitas family in a manner contrary to morals, good customs and public policy. The defendant took advantage of Cecilios trust and clearly used an ingenious scheme of praying the rosary, in order to get close with Lolita. Considering the chain of events, the couple did not just naturally fall in love but rather there was a deliberate intent and strategy to win Lolitas affections. The wrong he caused is even intensified by the fact that Alfonso is a married man. Wherefore, the decision appealed form is reversed. Defendant is sentenced to pay the amount of Php 5,000 as damages and Php 2,000 as attorneys fees and expenses of litigation.
UE vs. JADER FACTS: Jader was a student of the University of the Easts College of Law from 1984-1988. During his last year, he failed to take the regular final examination in Practice Court I for which he was given an incomplete grade. The application for the removal of the incomplete grade given him by the professor was then filed and approved. After taking the examination, the professor submitted a failing grade reflecting on Jaders records. The commencement exercise of UE College of Law took place, in which Jaders name appeared in the Tentative List of Graduation as well as in the invitation. Consequently, he participated in the commencement exercise. After the event, Jader prepared himself for the bar for which he took a leave of absence without pay and enrolled at the pre-bar review class. Having learned of such deficiency, he dropped out of his review class and was not able to take the bar examinations.