G.R. No.

L-20089

December 26, 1964

BEATRIZ P. WASSMER, plaintiff-appellee,

vs.
FRANCISCO X. VELEZ, defendant-appellant.

FACTS
Francisco Velez and Beatriz Wassmer, decided to get married and set a day for their wedding. Suddenly,
two days prior to the ceremony, Francisco left a note states that: Will have to postpone wedding My
mother opposes it. Am leaving on the Convair today. Please do not ask too many people about the reason
why That would only create a scandal. And after the next day, he sent again another telegram stating
that nothing changed and he will come back but he never did. Beatriz filed for damages and the judgment is
in favor of her since the defendant filed no answer and was declared in default. He was rendered ordering
to pay plaintiff for the damages. Defendant now emphasized that the judgment rendered to him is against
the law since there were provision in the Civil Code authorizing an action for breach of promise to marry.

ISSUE
Whether or not a breach of promise to marry is actionable.

RULLING
No, it is not but to formally set a wedding and go through all the preparations 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 aforesaid.
Article 21 states 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.