Professional Documents
Culture Documents
Wassmer,
plaintiff-appellee (G.R. No. L-20089, 26 December 1964)
Doctrines
A mere breach of promise to marry is not an actionable wrong. But it is
different when two people formally set a wedding and go through all the
above-described preparation and publicity, but one party (without valid
reasons) walked out of said marriage ceremony when it is about to be
solemnized, such act is palpably and unjustifiably contrary to good
customs.
If the defendant acted in a wanton, fraudulent, reckless, oppressive, or
malevolent manner, exemplary damages may be awarded by the courts.
Legal Provisions Articles 21, 2219 (item 10), and 2232 of the New Civil
Code (NCC).
Article 21 states that any person who willfully causes loss or injury to
another in manner that is contrary to morals, good customs or public policy
shall compensate the latter for the damage.
Article 2219 (item 10) states that moral damages may be recovered in the
following and analogous cases: acts and actions referred to in articles 21, 26,
27, 28, 29, 30, 32, 34, and 35.
Article 2232 states that in contracts and quasi-contracts, the court may
award exemplary damages if the defendant acted in a wanton, fraudulent,
reckless, oppressive, or malevolent manner.
Facts On 23 August 1954, plaintiff Beatriz Wassmer and defendant
Francisco Velez applied for a license to contract marriage, which was
subsequently issued, and their wedding was set for 4 September 1954. There
were invitations 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, and 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.
Two days before the wedding (2 September 1954), Francisco, who was then
28 years old, simply left a note for Beatriz stating:
Dear Bet