Tanjanco vs CA

Tanjanco vs CA 
18 SCRA 994 
December 17, 1996 


Doctrine: seduction is more than a mere sexual intercourse or a breach of promise of marriage, it connotes essentially the idea of deceit, entrapment, superior power or abuse of confidence on the part of the seducer, to which the woman has yield. Seduction falls under art 21 of the new civil code. 

Facts: 

Apolonio Tanjanco courted Araceli Santos both are of legal age.  Tanjanco expressed his undying love and affection for Santos who in due time reciprocated the tender feelings. Santos consented and acceded to Tanjanco's pleas for carnal knowledge because off his promise to marriage. Santos then conceived a child as a consequence and to avoid embarrassment and humiliation she had to resign her job as a secretary in IBM Inc.,. She was unable to support herself and the baby. She also suffered moral shock and humiliation because Tanjanco refused to marry her. She prayed that Tanjanco would be liable for damages. 

Issue: 

Whether or not Santos can claim damages and if the acts of Tanjanco constitutes seduction. 

Held:  

No she can’t claim for damages because for 1 whole year she maintained sexual relations with Tanjanco. Such act is not compatible with seduction because there's voluntariness and mutual passion. Hence, Tanjanco is not liable for damages. 
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