Geluz vs.

Court of Appeals
2 SCRA 801 July 20 1961

Fact of the Case:

Respondent Oscar Lazo, the husband of Nita Villanueva who voluntarily procured

her abortion, filed an action to recover damages against petitioner Antonio Lazo who

caused the same. The trial court rendered judgment in favor of plaintiff Lazo. When the

case reached the Court of Appeals but it sustained the award to the plaintiff. The Court of

Appeals and the Trial Court predicated the award of damages in the amount of P3,000

upon the provision of Article 2206 of the Civil Code for the death of person.

Issue:
(1) Whether or not an action for damages could be instituted on behalf of

the unborn child.

(2) Whether or not the unborn child acquires civil personality.

Held:
No action for damages could be instituted on unborn child on account of injuries

it received, no such right of action could derivatively accrue to its parent or heirs. The

laws states that civil personality of the child commences at the time of its conception,

provided that it be born alive or if it had an intrauterine life of less the seven months, the

foetus is not deemed born if it dies within twenty four hours after its complete delivery

from the maternal womb.