December 26, 1964
129 SCRA 1440
Ponente: Justice
Bengzon
Facts: Petitioner and respondent planned to get married
but 3 days before the day of the ceremony, the respondent flew to his hometown
in Cagayan de Oro City in Mindanao and left his bride to be a letter that their
marriage be cancelled because his mother opposes such and even instructing her
to keep his withdrawal from marriage discreet to avoid scandal. But the next
day another telegram was sent by the respondent saying that their marriage will
continue but the groom failed to appear. Petitioner files for an action for
damages and there being no answer from the other party it was held on default.
The defendant moved for reconsideration but the court ordered them to appear
before the court where the defendant failed to appear. The defendant alleged
that the case involves a mere breach of promise to marry which is not an
actionable wrong.
Issue: Whether or not the case involves a mere breach of
promise to marry?
Whether or not damages can be recovered by the aggrieved
party?
Held: This case does NOT involve a mere breach of promise
to marry because there were already publicity, invitations have been delivered,
the dress was already paid and all the preparations were already set therefore
there is really intent to marry. And in accordance to Article 21 of the Civil
Code, one can recover damages because the defendant’s action is contrary to
good customs.
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