Francisco Velez and Beatriz Wassmer, following their mutual promise of love decided to get married on September 4, 1954. On the day of the supposed marriage, Velez left a note for his bride-to-be that day to postpone their wedding because his mother opposes it. Therefore, Velez did not appear and was not heard from again.
Beatriz sued Velez for damages and Velez failed to answer and was declared in default. Judgement was rendered ordering the defendant to pay plaintiff P2.000 as actual damages P25,000 as moral and exemplary damages, P2,500 as attorney’s fees.
Later, an attempt by the Court for amicable settlement was given chance but failed, thereby rendered judgment hence this appeal.
Whether or not breach of promise to marry is an actionable wrong in this case.
Ordinarily, a mere breach of promise to marry is not an actionable wrong. But formally set a wedding and go through all the necessary preparations and publicity and only to walk out of it when matrimony is about to be solemnized, is quite different. This is palpable and unjustifiable to good customs which holds liability in accordance with Art. 21 on the New Civil Code.
When a breach of promise to marry is actionable under the same, moral and exemplary damages may not be awarded when it is proven that the defendanr clearly acted in wanton, reckless and oppressive manner.