Thursday, January 29, 2009

Wassmer vs Velez


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

FACTS: Francisco Velez and Beatriz Wassmer, following their mutual promise of love, decided to get married and set Sept. 4, 1954 as the big day. On Sept. 2, 1954, Velez left a note for his bride-to-be saying that he wants to postpone the marriage as his mother opposes it and that he is leaving. But the next day, Sept. 3, he sent her a telegram and told her that nothing has changed, that he is returning and he apologizes. Thereafter, Velez did not appear nor was he heard from again. Wassmer sued him for damages. Velez filed no answer and was declared in default.

ISSUE: Is the case at bar a mere breach of promise to marry?

RULING: Surely, 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. But to formally set a wedding and go through all the preparation 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 defendant must be held answerable in damages in accordance with Art. 21 of the NCC which 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."

DECISION: Affirmed.

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