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    52 - Wassmer Vs Velez

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    STEPHEN NIKOLAI CRISANG
    Beatriz Wassmer and Francisco Velez planned to marry on September 4, 1954. However, Velez failed to show up on their wedding day without explanation, publicly humiliating Wassmer. Wassmer sued Velez for breach of promise to marry. While there is no law against breaking a marriage promise, the court found that Velez's actions were contrary to morality and customs. As Wassmer had made preparations for the wedding, the court awarded her moral and exemplary damages, finding that Velez acted in a wanton and oppressive manner according to Article 2232 of the Civil Code. The court affirmed the lower court's judgment.

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    52 - Wassmer Vs Velez

    Uploaded by

    STEPHEN NIKOLAI CRISANG
    125 views1 page
    Beatriz Wassmer and Francisco Velez planned to marry on September 4, 1954. However, Velez failed to show up on their wedding day without explanation, publicly humiliating Wassmer. Wassmer sued Velez for breach of promise to marry. While there is no law against breaking a marriage promise, the court found that Velez's actions were contrary to morality and customs. As Wassmer had made preparations for the wedding, the court awarded her moral and exemplary damages, finding that Velez acted in a wanton and oppressive manner according to Article 2232 of the Civil Code. The court affirmed the lower court's judgment.

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    Beatriz Wassmer and Francisco Velez planned to marry on September 4, 1954. However, Velez failed to show up on their wedding day without explanation, publicly humiliating Wassmer. Wassmer sued Velez for breach of promise to marry. While there is no law against breaking a marriage promise, the court found that Velez's actions were contrary to morality and customs. As Wassmer had made preparations for the wedding, the court awarded her moral and exemplary damages, finding that Velez acted in a wanton and oppressive manner according to Article 2232 of the Civil Code. The court affirmed the lower court's judgment.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    125 views1 page

    52 - Wassmer Vs Velez

    Uploaded by

    STEPHEN NIKOLAI CRISANG
    Beatriz Wassmer and Francisco Velez planned to marry on September 4, 1954. However, Velez failed to show up on their wedding day without explanation, publicly humiliating Wassmer. Wassmer sued Velez for breach of promise to marry. While there is no law against breaking a marriage promise, the court found that Velez's actions were contrary to morality and customs. As Wassmer had made preparations for the wedding, the court awarded her moral and exemplary damages, finding that Velez acted in a wanton and oppressive manner according to Article 2232 of the Civil Code. The court affirmed the lower court's judgment.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    PERSONS Doctrine: Breach of promise to marry (NCC Art.

    21)
    Title: WASSMER VS. VELEZ G.R. No. L-20089      
    Date: December 26, 1964

    Ponente: BENGZON, J.P., J.


    BEATRIZ P. WASSMER, plaintiff-appellee, FRANCISCO X. VELEZ, defendant-appellant.
    Nature of the case: Moral and exemplary damages in breach of promise to marry.
    FACTS
    Beatriz Wassmer and Francisco Velez arranged their marriage to be held on September 4, 1954. Two
    days before their wedding, Velez left a note that they must postpone the marriage because his
    mother is against it. A day before their wedding, Velez wrote that the wedding shall push through.
    Velez did not show up on their wedding day causing Velez to be publicly humiliated.

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

    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/S
    Whether or not moral or exemplary damages may be awarded in a breach of promise to marry suit.
    RATIO
    A mere breach of promise to marry is not an actionable wrong. However, 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.
    PREMISES CONSIDERED, with the above-indicated modification, the lower court's judgment is
    hereby affirmed, with costs.
    Notes
    Art. 21. Any person who wilfully causes loss or injury to another in a manner that is contrary to
    morals, good customs or public policy shall compensate the latter for the damage.
    1-C 2015-16 (CASTILLO A.)

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