Date: December 26, 1964

Ponente: Bengzon, J.P., J.

Plaintiff-Appellee: Beatriz P. Wassmer
Defendant-Appellant: Francisco X. Velez
Facts:
2 days before the wedding, with everything already set and
prepared, the groom Francisco Velez suddenly flew to his home
in Cagayan de Oro, leaving the bride, Beatriz Wassmer, only
this note:
Will have to postpone wedding my mother opposes it.
The next day (day before the wedding) he sent this message
through telegram:
Nothing changed rest assured returning soon.
But he never returned and was never heard from again.
Beatriz sued for damages, and judgment 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

Costs
Defendant has appealed to the SC. His arguments:
His failure to marry the plaintiff as scheduled is due to fortuitous
event or circumstances beyond his control
No provision of the Civil Code authorizing an action for breach
of promise to marry
Issue:
W/N breach of promise to marry is actionable

Held:
This is not the case of mere breach of promise to marry. Mere
breach of promise to marry is not an actionable wrong.
But to formally set a wedding and go through all the
preparations and publicity, only to walk out of it when the
matrimony is about to be solemnized is quite different.
This is contrary to good customs for which the defendant must
be held answerable in damages in accordance with Art. 21 NCC.
Art. 21: Any person who willfully causes loss or injury to
another in a manner that is contrary to morals, good customs, or
public policy shall compensate the latter for damage.

Art. 2219 (10) NCC: Moral damages are recoverable in the

cases mentioned in Article 21 of said Code
Art. 2232 NCC: Condition precedent for exemplary damages is
that "the defendant acted in a wanton, fraudulent, reckless,
oppressive, or malevolent manner."
Defendant clearly acted in a "wanton ... , reckless [and]
oppressive manner in this case.
Defendant is liable for actual damages, as well as to moral and
exemplary damages. Judgment affirmed with modifications
(moral and exemplary damages reduced to P15,000)