ALMAIZ, RON JACOB Y.

JD1 LEGAL RESEARCH

Wassmer V. Velez 12 SCRA 648

-This is not a case of “mere” breach of promise to marry. As stated, mere breach of promise to
marry is not an actionable wrong.
Relevant Provision: Article 21 of the New Civil Code- any person who wilfully 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.
Nature: Petition for relief from orders, judgement and proceedings and motion for new trial and
reconsideration.
Lower Court’s Decision: Ordered defendant to pay plaintiff P 2,000.00 as actual damages; P
25,000.00 as moral and exemplary damages; P 2,500 for attorney’s fees and the costs.
Facts:
》 Beatriz Wassmer and Francisco Velez having a mutual promise of love set to get
married. However, 2 days before the day Francisco left a note postponing the wedding because
his mom opposes it. The next he informed Beatriz that the wedding will push through.

》 An attempt by the court for amicable settlement was given chance but failed.
Francisco contented that there is no provision in the CC providing an action for breach of
promise to marry.

Issue: Whether or not breach of promise to marry is an actionable wrong. (NO)

Ruling: “Premises considered, with the above-indicated modification, the lower courts’
judgement is hereby affirmed, with costs.”
Rationale:
A mere “breach of promise to marry is not 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 palpably and unjustifiably contrary to good customs for which dependant must be
held accountable in damages in accordance with Art. 21 of the New Civil Code.
Furthermore, the award of exemplary damages is also proper. The circumstances of this ease
show that Velez, in breaching his promise to marry Wassmer, acted in wanton, reckless, and
oppressive manner.
Article 2232 of the New Civil Code- In contracts and quasi-contracts, the court may award
exemplary damages if the defendant acted in Wanton, fraudulent, reckless, oppressive, or
malevolent manner.