Jessa Marie Semaña ACC 216/4:30-5:30

Prof. J. Ignacio, CPA 1 st Term/ 1st Sem/ 2019-2020

Case Digest

Fausta Battara, plaintiff-appelle

vs.

Fransico Marcos, defendant-appellant

G.R. No. 2929 December 7, 1906

Void and Inexistent Contracts

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.

Rulings

Final Ruling, Republic of the Philippines, Supreme Court, Second Division,

Manila

G.R. No. 2929 December 7, 1906

MARRIAGE; BREACH OF PROMISE; ILLEGAL CONSIDERATION- A promise of

marriage based upon carnal connection founded upon an unlawful consideration and
no action can be maintained by the woman against the man therefor where the woman
is over the age of 23, and hence the act does not constitute the crime of estupro. (Arts.
1305, 1306, Civil Code.)

DAMAGES- Nor can an action be maintained under article 1902 of the Civil Code, for
the woman voluntarily participated in the act.
 The contract is void/inexistent 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.