WASSMER vs.VELEZ G.R. No. L-20089
Promise to Marry -- A Breach of Contract?
Facts:
On
August 23, 1954 plaintiff and defendant applied for a license to
contract marriage, which was subsequently issued. Their wedding was set
for September 4, 1954. Invitations were printed and distributed to
relatives, friends and acquaintances. The bride-to-be's trousseau, party
dresses and other apparel for the important occasion were purchased.
Dresses for the maid of honor and the flower girl were prepared. A
matrimonial bed, with accessories, was bought. Bridal showers were given
and gifts received. And then, with but two days before the wedding,
defendant, who was then 28 years old,: simply left a note for plaintiff
stating: "Will have to postpone wedding — My mother opposes it ... " He
enplaned to his home city in Mindanao, and the next day, the day before
the wedding, he wired plaintiff: "Nothing changed rest assured returning
soon." But he never returned and was never heard from again.
Issue:
Whether or not breach of promise to marry is an actionable wrong?
Held:
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 Article 21 of the Civil Code