FACTS:
Antonio Geluz, a physician, performed several abortions on the wife of Herminigildo Capili without the latter’s knowledge or consent. Herminigildo sued Dr. Geluz for damages, claiming that the abortions deprived him of his right to be a father and of the company of his unborn children.
The Court of First Instance awarded damages in favor of Herminigildo. The Court of Appeals affirmed the award.
Dr. Geluz appealed to the Supreme Court.
ISSUE:
Can the husband recover damages from a physician for the abortion of his wife’s conceived but unborn child, allegedly without his knowledge or consent?
RULING:
No. The husband cannot recover damages.
REASONING:
The unborn fetus has no juridical personality until it is born alive. Under the Civil Code, the fetus is considered born for purposes favorable to it, provided it is born alive.
The husband’s right to the company of his unborn child is merely an inchoate right, not a legal right enforceable in damages.
Damages are recoverable only if there is a legal right violated. Since juridical personality of the fetus begins only at live birth, the alleged right of the husband to recover for its loss does not legally exist.
While abortion may constitute a crime against the state, civil damages in favor of the husband do not arise absent a legally protected right.
DOCTRINE:
The juridical personality of a conceived child begins only upon live birth. Until then, no enforceable rights arise in favor of the parents for its loss.