Saturday, March 22, 2014

Wassmer v. Velez, 12 SCRA 648

FACTS: Francisco Velez and Beatriz Wassmer applied for a marriage license on August 23, 1954. The wedding was to take place on September 4, 1954. Two days before the wedding, Francisco left a note for Beatriz informing her that the wedding will not push through because his mother opposed the union. The following day, he sent her another note stating that the wedding will push through as planned. Francisco Velez never showed up and has not been heard since then. Subsequently, Beatriz filed suit for damages.
ISSUE: WON Beatriz Wassmer has a right to claim for actual damages for breach of promise to marry?

HELD: Pursuant to Art 21 of the Civil Code, Yes. Beatriz Wassmer can claim for damages. While it is true that breach of promise to marry is not actionable per se, the court reasoned that what Velez committed could hardly be described as a simple breach of promise to marry. To leave the bride two days before the wedding, after making all the necessary preparations, with no justifiable reason, is morally reprehensible. His behavior is verily against society‘s concept of good morals and customs. Beatriz Wassmer can collect compensation for actual damages arising from Velez’ action.

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