Geluz v. CA, 2 SCRA 801

FACTS: Nita Villanueva & Antonio Geluz met in 1948 through Nita’s aunt. In 1950, she got pregnant. To conceal her pregnancy from her parents, she had an abortion. When they got married, she got pregnant again. Since she was an employee of COMELEC & her pregnancy would be inconvenient to her, she had abortion in Oct 1953. She again became pregnant after 2 years and had an abortion for the third and last time. The last abortion constituted the plaintiff’s basis in filling an action for award of damages. CA and trial court granted the award of damages.

ISSUE: W/N Geluz is entitled for damages

HELD: It is apparent that he consented to the previous abortions making his action questionable for why he only filed for damages on his wife’s third abortion. Also, SC held that the fetus wasn’t born yet so it has no juridical personality. The award for the death of a person does not cover the case of an unborn fetus that is not endowed with personality and incapable of having rights and obligations.