Beatriz P. Wassmer, plaintiff-appellee, v. Francisco X. Velez, defendant-appellant. EN BANC, G.R. No.

L-
20089 December 26, 1964
Bengzon, J.P., J.:
Fact:
The marriage and unity of Beatriz Wassmer and Francisco Velez was supposed to happen on the 4th of
September, 1954. However, 2 days prior to the said event, after all preparations for the wedding are
completed, Velez left a note to Wassmer stating that he would like to postpone the wedding because of
his mother's opposition to the marriage. But the next day, September 3, 1954, Velez sent another
telegram stating that nothing has changed and he'll soon return. Thereafter, Velez did not appear nor
was he heard from again. With the incident that had happened, Wassmer sued Velez for moral and
exemplary damages.
Issue:
Whether breach of promise to marry is actionable wrong
Held:
Court affirmed, with costs.
Defendant asserts that there is no provision of the Civil Code authorizing an action for breach of
contract. Conversely, the court ruled that the case is not just mere breach of promise to marry, hence,
confirming that mere breach of promise to marry is not actionable wrong. But according to the Article
21 of the Civil Code provides that "any person who wilfully causes loss or injury to another in a manner
that is contrary to moral, good customs or public policy shall compensate the latter for the damage.
Therefore, after all preparations and publicity for the marriage has been completed, it is clear that the
defendant's actions violated the good customs for which he is liable for damages in accordance with
Article 21.