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.