WASSMER vs.

VELEZ

G.R No. L-20089, December 26,1964

FACTS:
Beatriz Wassmer and Francisco Velez decided to get married. They applied and acquired marriage license and set the wedding on
September 4, 1954. Necessary publication and preparations including sending off invitations were done.

Two days before the scheduled wedding, Francisco went home to his province without properly notifying Beatriz. He sent a
telegram that they have to postpone the wedding because his mother opposes it. He gave an assurance that he will return but he
never did.

Beatriz sued for damages, Francisco filed no answer and was declared in default. The Court ordered Francisco to pay for actual
damages, moral and exemplary damages and attorney’s fees. Francisco filed a petition for relief from orders and motion for a
new trial. The court then proposed for amicable settlement.

Francisco contended that his failure to marry beatriz was due to fortuitous event and circumstances beyond his control.

ISSUE:
Can a person be held liable for walking out of his own wedding?

RULING:
YES. Breech of promise to marry per se is not an actionable wrong however, that the extent to which acts not contrary to law
may be perpetrated with impunity, is not limitless for Article 21 of said Code provides that “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 the
damage.”

Plaintiff and defendant applied for a license to contract marriage, which was subsequently issued and their wedding was set.
Necessary preparation and publicity were done only for the defendant to walk out of it when the matrimony is about to be
solemnized. This is contrary to good customs for which defendant must be held answerable in damages.

Per express provision of Article 2219 (10) of the New Civil Code, moral damages are recoverable in the cases mentioned in
Article 21 of said Code. This Court’s opinion, considering the particular circumstances of this case, P15, 000.00 as moral and
exemplary damages is deemed to be a reasonable award.