Case Digest (G.R. No. 1770)
Case Digest (G.R. No. 1770)
Facts:
Tomasa Fidelino v. Benito Legarda, G.R. No. 1770, March 16, 1905, the Supreme Court, Carson, J., writing for the Court.
In April 1903, Tomasa Fidelino (plaintiff and appellant) filed a complaint seeking damages from Benito Legarda (defendant and appellee) for breach of promise of marriage, alleging that she had been induced to submit to illicit relations by the defendant’s promises and that such relations resulted in the birth of a child and injury to her reputation.
On May 23, 1903, the defendant demurred to the original complaint, contending the pleaded facts did not state a cause of action. Before the demurrer was ruled on, and over the defendant’s objection but with the trial court’s permission, the plaintiff filed an amended complaint. The amended pleading alleged that in January 1900 Legarda forcibly entered her house and by force and violence had carnal connection with her (an alleged rape); that thereafter, trusting defendant’s renewed promises of marriage and because she believed herself disgraced, she consented to continued illicit relations which produced a child; and that the defendant subsequently refused to marry her, entitling her to $20,000 in damages.
At trial the plaintiff testified to the forcible entry and intercourse, to shame and failure to cry out or resist, and to delay in informing her father. Her father acknowledged knowledge of illicit relations and asserted they were based on promises of marriage. The defendant admitted the illicit relations and paternity of the child but denied any promise of marriage and maintained the relations were consensual, supported by gifts and money to him and the plaintiff’s father; he further denied the rape allegation. The trial judge found the rape allegation incredible and untrue and entered judgment for the defendant. The defendant moved the court to make a specific finding on the alleged breach of promise; that motion was denied. The plaintiff appealed to the Supreme Court.
Issues:
- Did the trial court err in refusing to make a specific finding on the alleged breach of promise of marriage after the plaintiff filed an amended complaint and evidence on that issue was received?
- Does the evidence in the record sustain the plaintiff’s allegation of rape?
- Does the evidence in the record sustain the plaintiff’s allegation of breach of promise of marriage entitling her to damages?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)