Saturday, July 14, 2012

Francisco Hermosisima vs. Court of Appeals


Facts: Complainant Soledad Cagigas then a teacher in the Sibonga Provincial High School in Cebu, and petitioner, who was almost ten (10) years younger than she, used to go around together and were regarded as engaged, although he had made no promise of marriage prior thereto.  She gave up teaching and opt to become a life insurance underwriter in Cebu City where the relationship of him and petitioner and that they have sexual relations. The petitioner promised to marry  Cagigas and that they have borne a child Chris Hermosisima. Subsequently on July 24, 1954, Francisco married Romanita Perez.

Issue: Whether or not mere breach of promise to marry is actionable?

Held: It has been ruled for many cases that promise to marry is not actionable. The Civil Code does not provide for such. The decision of the RTC was eliminated by the SC.

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