Wassmer vs.

Velez 12 scra 648

Facts:
Francisco Velez and Beatriz Wassmer, following their mutual promise of love decided to get
married on September 4, 1954. On the day of the supposed marriage, Velez left a note for his bride-to-be
that day to postpone their wedding because his mother opposes it. Therefore, Velez did not appear and
was not heard from again.
Beatriz sued Velez for damages and Velez failed to answer and was declared in default.
Judgement was rendered ordering the defendant to pay plaintiff P2.000 as actual damages P25,000 as
moral and exemplary damages, P2,500 as attorneys fees.
Later, an attempt by the Court for amicable settlement was given chance but failed, thereby
rendered judgment hence this appeal.
Issue:
Whether or not breach of promise to marry is an actionable wrong in this case.
Held:
Ordinarily, a mere breach of promise to marry is not an actionable wrong. But formally set a
wedding and go through all the necessary preparations and publicity and only to walk out of it when
matrimony is about to be solemnized, is quite different. This is palpable and unjustifiable to good customs
which holds liability in accordance with Art. 21 on the New Civil Code.
When a breach of promise to marry is actionable under the same, moral and exemplary damages
may not be awarded when it is proven that the defendanr clearly acted in wanton, reckless and oppressive
manner.

DOCTRINE:

1. DAMAGES; BREACH OF PROMISE TO MARRY; WHEN ACTIONABLE WRONG.

Ordinarily, a mere breach of promise to marry is not an actionable wrong. But to formally set a
wedding and go through all the necessary preparations and publicity, only to walk out of it when
the matrimony is about to be solemnized, is quite different. This is palpably and unjustifiably
contrary to good customs, for which the erring promisor must be held answerable in damages in
accordance with Article 21 of the New Civil Code.

2. ID.; ID.; MORAL AND EXEMPLARY DAMAGES MAY BE AWARDED IN AN

ACTIONABLE BREACH OF PROMISE SUIT. When a breach of promise to marry is
actionable under Article 21 of the Civil Code, moral damages may be awarded under Article
2219 (10) of the said Code. Exemplary damages may also be awarded under Article 2232 of said
Code where it is proven that the defendant clearly acted in a wanton, reckless and oppressive
manner.