Barlin v.

Ramirez
CV No. 68300 December 23, 1986 Lising and Kalalo J.J.
Breach of Promise to Marry Created by: A Festin
Plaintiffs-Appellees Defendants-Apellant
Francisco and Estrella Estremos Gonzalo Ephan and Ressureccion Valenzona
Recit Ready Summary
Virgilio and Erlinda were engaged in constant consensual sex, thus resulting to unexpected pregnancy.
Virgilio was forced by both parents of parties to marry Erlinda in order to spare the latter from shame.
Virgilio then ran away before the expected date of their wedding. The parents of Erlinda are sued
Virgilio’s parents for damages caused. The Court ruled that this case was dissimilar from the Wassmer
v. Velez case mainly due to Virgilio being coerced into marriage. While in the former case, both the
contracting parties entered into the agreement willingly. They opined that Erlinda should
correspondingly suffer the consequences of her libertarian conduct and that Virgilio should not be
forced to enter into the marriage as that would only make him an embittered husband and an inept
father.
Facts
1. Virgilio Ephan Erlinda Estremos were college sweethearts. They engaged in consensual sex
several times, resulting in Erlinda getting pregnant.
2. When the parents of both parties found out, they arranged for them to get married.
3. Virgilio begrudgingly yielded upon the insistence of his father.
4. Preparations were thereafter made. The couple applied for a marriage license and their
respective parents gave their parental consent.
5. Virgilio then sent a letter to the mother of Erlinda, saying that he was not going thru with the
wedding and he thereafter disappeared.
6. A case was then filed against Virgilio for damages, to which the lower court had ruled for the
grant of moral and exemplary damages.
Issues and (Ruling)
1. W/N the Breach of Promise to Marry is actionable.

Rationale/Analysis/Legal Basis
1. The Supreme Court noted that there was no Civil Code provisions authorizing an action for
breach of promise to marry. The SC further concluded that it is not an actionable wrong and
emphasized "that Congress deliberately eliminated from the draft of the new Civil Code the
provisions that would have it so." An exception however was provided. (Wassmer vs. Velez)
2. The SC felt that Erlinda was as much to blame in the libertarian conduct she exhibited
considering that she is of the same age as defendant, she entered into the relationship with
eyes wide open and of mutual passion.
Disposition
The judgement was modified. The decision of the lower court was amended, deleting the moral and
exemplary damages and attorney's fees.