G.R. No. L-8873; November 29, 1915
FLORA INSON, plaintiff-appellant, vs. AGUSTIN BELZUNCE, defendant-appellee.

FACTS:
Flora Inson filed an action in the Court of First Instance of Iloilo on April 22, 1913, seeking damages for breach of an alleged contract of marriage and to compel Agustin Belzunce to recognize and support children resulting from their prior relationship. The defendant demurred, and the demurrer was sustained. The plaintiff then amended her complaint to seek damages solely for breach of the promise to marry. After trial, the lower court held that the alleged marriage contract was illegal as it was contrary to good morals and absolved the defendant from liability. The plaintiff appealed to the Supreme Court as a pauper.

ISSUE:
Whether an action for damages for breach of a promise to marry can be maintained when the promise was made in consideration of the plaintiff first living with the defendant.

RULING:
No. The Supreme Court affirmed the lower court’s decision, holding that the alleged contract to marry was based on an immoral and illegal consideration. The plaintiff testified that the defendant promised to marry her in exchange for her agreement to live with him first. Such a promise, founded on carnal connection as its consideration, is unlawful and void under Articles 1305 and 1306 of the Civil Code. Consequently, no action for damages can arise from its breach. Furthermore, the consensual illicit relationship constituted a misdemeanor common to both parties, barring either from claiming damages against the other. The Court found no error in the lower court’s judgment and affirmed it without costs.