Wassmer vs.

Velez

Facts:

Petitioner Beatriz Wassmer and respondent Francisco Velez followed their mutual
promise of love and decided to marry on September 4, 1954. Two days before their
wedding, Velez left a note for Wassmer telling her that they have to postpone the
wedding. The following day, Velez sent a telegram telling Wassmer that nothing has
changed, that he apologizes and was about to return very soon. Thereafter, Wassmer
did not hear anything from Velez again.

Wassmer filed an action against Velez for damages. Velez did not answer and was
declared in default.

Issue:

WON Velez’ action constitutes a breach of promise to marry

Held:

No.

Ratio Decidendi:

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."