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    Cabague v. Auxilio

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    Eszle Ann L. Chua
    Cabague filed a complaint against Auxilio for refusing to carry out their previously agreed marriage. Cabague alleged that he improved Auxilio's house and spent 700 pesos in preparation for the wedding based on Auxilio's promises. The court ruled that Cabague's action could not prosper because it was to enforce an agreement in consideration of marriage, which is not allowed. However, the court said Geronimo could continue his separate action against Socorro for damages resulting from her failure to uphold their mutual marriage promises.

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    Cabague v. Auxilio

    Uploaded by

    Eszle Ann L. Chua
    62 views1 page
    Cabague filed a complaint against Auxilio for refusing to carry out their previously agreed marriage. Cabague alleged that he improved Auxilio's house and spent 700 pesos in preparation for the wedding based on Auxilio's promises. The court ruled that Cabague's action could not prosper because it was to enforce an agreement in consideration of marriage, which is not allowed. However, the court said Geronimo could continue his separate action against Socorro for damages resulting from her failure to uphold their mutual marriage promises.

    Original Title

    (169) Cabague v. Auxilio

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    Cabague filed a complaint against Auxilio for refusing to carry out their previously agreed marriage. Cabague alleged that he improved Auxilio's house and spent 700 pesos in preparation for the wedding based on Auxilio's promises. The court ruled that Cabague's action could not prosper because it was to enforce an agreement in consideration of marriage, which is not allowed. However, the court said Geronimo could continue his separate action against Socorro for damages resulting from her failure to uphold their mutual marriage promises.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    62 views1 page

    Cabague v. Auxilio

    Uploaded by

    Eszle Ann L. Chua
    Cabague filed a complaint against Auxilio for refusing to carry out their previously agreed marriage. Cabague alleged that he improved Auxilio's house and spent 700 pesos in preparation for the wedding based on Auxilio's promises. The court ruled that Cabague's action could not prosper because it was to enforce an agreement in consideration of marriage, which is not allowed. However, the court said Geronimo could continue his separate action against Socorro for damages resulting from her failure to uphold their mutual marriage promises.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    (169) Cabague v.

    Auxilio, GR L-5028, November 26, 1952


    [Per J. Bengzon, En Banc]
    ISSUE: W/N Cabague’s action against Auxilio may prosper.

    FACTS: Cabague filed a complaint against Auxilio for its refusal to carry out the previously
    agreed marriage. The complaint alleged, in short: (a) that defendants promised such marriage to
    plaintiffs, provided the latter would improve the defendants' house in Basud and spend for the
    wedding feast and the needs of the bride; (b) that relying upon such promises plaintiffs made the
    improvement and spent P700; and (c) that without cause defendants refused to honor their
    pledged word.

    RULING: Felipe Cabague's action may not prosper, because it is to enforce an agreement in
    consideration of marriage. Evidently as to Felipe Cabague and Matias Auxilio this action could
    not be maintained on the theory of "mutual promise to marry". Neither may it be regarded as
    action by Felipe against Socorro "on a mutual promise to marry." Consequently, Geronimo may
    continue his action against Socorro for such damages as may have resulted from her failure to
    carry out their mutual matrimonial promises.

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