Wassmer v velez

Wassmer vs. Velez 12 SCRA 648

BEATRIZ P. WASSMER, plaintiff-appellee, vs. FRANCISCO X. VELEZ, defendant-appellant.

FACTS: In 1954, Beatriz Wassmer and Francisco Velez arranged their marriage to be held on September 4 of the same year. The bride-to-be has been devoted with all the preparations for their wedding. However, two days before their marriage, ‘Paking’ left a note that they must postpone the marriage for his mother was against it. A day before their wedding, Paking wrote again that the wedding shall push through. Worse, Paking did not show up on their wedding day causing Wassmer to be publicly humiliated.

The breach of promise to marry made by Velez prompted Wassmer to file a civil suit against the former. Velez never filed an answer, thus, awarding moral and exemplary damages to Wassmer.

Velez appealed on the court and stated that he failed to attend the wedding day because of fortuitous events. He also insisted that he cannot be civilly liable for there is no law that acts upon the breach of promise to marry. He also contested the award of moral and exemplary damages.

ISSUE: Whether or not moral or exemplary damages may be awarded in a breach of promise to marry suit.

HELD: A mere breach of promise to marry is not an actionable wrong. Howver, Wassmer has already made preparations for the wedding. Velez’s failure to appear on the wedding day is contrary to morals, good customs and public policy which is embodied on Article 21 of the Civil Code. Under the law, the injured party is entitled to moral damages as well as to exemplary damages because Velez’s acted in wanton, reckless and oppressive manner (Article 2232) in breaching his promise to marry Wassmer.