Dense Kyle R.

Bendaa
TC202

March 2, 2015

1. Batarra Vs. Marco (Phil 156)

FAUSTA BATARRA, plaintiff-appellee,
vs.
FRANCISCO MARCOS, defendant-appellant.

FACTS:

The court decision was in favor of the defendant because the act of agreement in
marriage is contrary to good morals and thus absolved the defendant from all liability
under the complaint.
The plaintiff appealed to the court.
The higher court had the same decision with the lower court.
The defendant won the court.
The plaintiff had a sexual relation with the defendant.
There is no crime involved.

ISSUE:

The Issue is the plaintiff had a sexual relationship with the defendant with a promise
of marriage between them but later on the defendant refuse the plaintiff of marriage.

DECISION:

The court decision was in favor of the defendant because the act of agreement in
marriage is contrary to good morals and thus absolved the defendant from all liability
under the complaint.

2. What is Stipulation pour autrui.

Stipulation for other persons, a contract or provision in a contract that confers a benefit
on a third-party beneficiary

Dense Kyle R. Bendaa

TC202

March 2, 2015

3. What are the requisites of stipulation pour autrui.

1. Parties must have clearly and deliberately conferred a favor upon a 3rd person.
2. The stipulation in favor of a 3rd person should be a part of, not the whole contract
3. That the favorable stipulation should not be conditioned or compensated by any kind of
obligation whatsoever
4. Neither of the contracting parties bears the legal representation or authorization of 3rd party
5. The third person communicates his acceptance before revocation by the original parties
6. The contracting parties do not represent, or are not authorized by, the third party.