JORGE DOMALAGAN, plaintiff-appellee, vs. CARLOS BOLIFER, defendant-appellant.

1916-02-08 | G.R. No. 8166

DECISION Appeal

JOHNSON, J.: VII. Marriage – Breach of promise to marry

Facts:

Domalagan and the defendant entered into a contract with the following terms: (1) Their son Cipriano
Domalagan and daughter Bonifacia Bolifer will marry; (2) Upon the marriage Domalagan was to pay to
the defendant the sum of P500. Petitioner comply and pay the sum of P500, together with the further
sum of P16 "as hansel or token of future marriage” to Bolifer. However, her daughter Bonifacia married
another man.

Upon learning the marriage, petitioner demanded the return of the said sum of P516 together with the
interest and damages because he alleged that he was obliged to sell certain real property belonging to
him, located in the Province of Bohol, at a great sacrifice.

The lower court ruled in against the defendant and he was obliged to pay P516 together with the
interest at the rate of 6 per cent from the 17th of December, 1910, and costs. Hence, this appeal.

The appellant contends that a contract, such as the one relied upon by the plaintiff, in order to be valid,
must be reduced to writing pursuant to paragraph 3 of section 335 of the Code of Procedure in Civil
Actions.

Issues:

Whether or not the verbal agreement between Domalagan and Bolifer to marry their children is binding

Ruling:

Yes. The verbal agreement is binding. Said section (335) does not render oral contracts invalid. It simply
provides the method by which the contracts mentioned therein may be proved.

A contract may be a perfectly valid contract even though it is not clothed with the necessary form
especially if the parties to an action, during the trial of the cause, make no objection to the admissibility
of oral evidence. it will be just as binding upon the parties as if it had been reduced to writing.

For the foregoing reasons we find nothing in the record justifying a reversal or modification of the
judgment of the lower court based upon either assignment of error. Therefore the judgment of the
lower court is hereby affirmed, with costs. So ordered.