Elsa Natividad vs.

Ronald Tunac

Facts:

Elsa Tunac and Ronald Tunac were lovers. One day, Ronald asked Elsa to come with him to his
boarding house to get his bio-data as it was necessary in his employment. When they get there and
found no one home, Ronald began kissing her until he succeeded making love with her. Elsa cried for her
lost virginity, but Ronald appeased her by promising marriage. The intimacy continued, getting Elsa
pregnant, thereafter. Ronald, holding with his promise to marry her, was accompanied by his parents
and other relatives to ask the hand of Elsa.

However, when the time came for her delivery, the baby came out prematurely, eventually,
causing its death. From that time on, Ronald turned cold and consequently told Elsa he could no longer
fulfil his promise to marry her. Aggrieved by the circumstances, Elsa filed a complaint for damages,
because the wedding has already been much publicized. Evenso, the court find no merit in the case,
because, our laws do not provide for a right to relief arising from someones breach of promise to marry.

Issue:

Will the complaint filed for breach of promise to marry prosper?

Ruling:

The court ruled that the promise to marry, which was the proximate cause for the woman to
offer herself to the man, giving her consent to perform the sexual act, because of deceit and the subtle
scheme employed by the man, can be a ground to claim damages pursuant to Sec. 21 of the New Civil
Code.

In the present case, however, there was already a wedding that has been planned out by the
parties. The only reason why it had not materialized was the fact that the relationship had gone awry
due to the death of their child. This case is beyond the contemplation of the Code on punitive laws, thus,
rendering the denial of the petition.