FACTS:
On August 1974, petitioner Amelita Constantino met Ivan Mendez, respondent at Tony’s
Restaurant located in Manila where she worked as waitress. The day after their first meeting Ivan
invited Amelita to dine up with him at Hotel Enrico and professed his love and courted Amelita. At 11
PM, Amelita asked Ivan to bring her home. Ivan brought Amelita inside his hotel room and through a
promise of marriage, succeeded in having sexual intercourse and after sexual contact in the month of
September and November 1974 which resulted to her pregnancy. She pleaded for help and support but
Ivan did not consented. Amelita prayed for the recognition of the unborn child, payment of actual,
moral and exemplary damages. Respondent denied having sexual intercourse or illicit relations with her.
He prayed for the dismissed of the complaint for lack of cause of action. Amended the complaint. CFI
decided with a dispositive portion. Filed motion for reconsideration. CFI granted CA reversed and
complaint dismissed.
ISSUE:
Whether or not CA erred in setting aside the decision of trial court and dismissing the complaint.
Whether or not Amelita has a claim for damages based on Art. 19 and 21 due to promise of marriage.
HELD:
As regards on her claim based on Art. 19 and 21 of the Civil Code on the theory that through
Ivan’s promise of marriage, she surrendered her virginity, the Court agree that mere sexual intercourse
is not by itself a basis for recovery. Damages could only be awarded if sexual intercourse is not a product
of voluntariness and mutual desire. At the time she met Ivan at Tony’s Restaurant, Amelita was already
28 y/o and she admitted that she was attracted to Ivan. Her attraction to Ivan is the reason why she
surrendered her womanhood. Had she been induced or deceived because of a promise of marriage, she
could have immediately severed her relation with Ivan when she was informed after their first sexual
contact. The repetition of their sexual intercourse indicates that passion and not the alleged promise of
marriage was the moving force that made her submit herself to Ivan. Petition dismissed for lack of merit
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