Case Digest:
G.R. No. 2929 December 7, 1906
FAUSTA BATARRA, plaintiff-appellee,
vs.
FRANCISCO MARCOS, defendant-appellant
FACTS: Fausta Batarra filed a complaint in court for the recovery of the damages brought by Francisco Marcos for the breach of promise of marriage by the latter. The defendant induced the plaintiff to submit herself to sexual relation with him on account of such promise of marriage.
Issue: Whether or not the plaintiff can recover for the damages brought by the defendant for the breach of promise of marriage.
Ruling: No, because it was contrary with law which stated on “Art. 1411 When the nullity proceeds from the illegality of the cause or object of the contract, and the set constitutes a criminal offense, both parties being in pari delicto, they shall have no action against each other, and both shall be prosecuted…” in which the cause of the action taken by the defendant in making a promise with the plaintiff is based on his immoral act which constitutes a criminal offense.
The first judgment was entered in favor of the plaintiff. The defendant has brought the case by bill of exceptions. The judgment of the court below is reversed and the defendant is acquitted of the complaint, with costs of the first instance. No costs will be allowed to either party in this court.
Obligations and Contracts 