Legal Opinion:

Breach of promise to marry

By Jeiel Tajanlangit

An inspection on the set of facts provided by Ms. Kwan would show that she and her childhood
sweetheart, Mr. Ludlud had mutually agreed to get married in the future and that with due
diligence, she saved every dollar she earned abroad and sent them to him to pay for the wedding
expenses such as invitations, clothes for the entourage, catering, hotel accommodations,
giveaways and more. But due to an unforeseen instances Mr. Ludlud fell in love to one Rosa
Misal and maintained a secret affair with her and that on the night before their wedding Mr.
Ludlud left a note to Ms Kwan saying that he would like to break up with her and call the
marriage off as he loves another woman.

The legal issue of this case revolves around the question on whether or not Ms. Kwan can legally
demand monetary award from Mr. Ludlud for what he caused her and if yes, what is she entitled
to?

Breach of promise to marry occurs when a party vowed to marry his partner but later refused
under whatever circumstances. Unfortunately, there is no law that punishes breach of promise
to marry in the Philippines1. However, our law despise the act of neglecting duties without
giving its due to someone especially if the other party went through extreme lengths in good faith
in performing its part, for it was contrary against morals, good customs and public policy as
reflected by the New Civil Code of the Philippines. Mere breach of promise to marry does not
automatically equate to entitlement for damages nor actionable, but that doesn’t mean that the
aggrieved party cannot sought relief to the court all the time.

In the case of Wassmer v. Velez, 12 SCRA 649, the court in its decision emphasized that the act
of formally setting a wedding, publicizing the same and spending all the necessary for the big
day only to walk out just when the wedding was about to be celebrated just like what Mr. Ludlud
did to our client is a special scenario as mentioned by the Supreme Court2,

“Surely this is not a case of mere breach of promise to marry. As stated, mere breach of
promise to marry is not an actionable wrong. But to formally set a wedding and go through all
the above-described preparation and publicity, only to walk out of it when the matrimony is
about to be solemnized, is quite different. This is palpably and unjustifiably contrary to good

1
Baksh v. Court of Appeals, 219 SCRA 115 (1993)
2
M., Sta Maria, Persons and Family Relations 38, (5th edition, 2010)
customs for which defendant must be held answerable in damages in accordance with Article 21
aforesaid” 3

In which case, Mr. Ludlud’s acts of eloping with Rosa and leaving a note to her fiancé informing
that he don’t want to be wedded anymore as he doesn’t love her a night before their wedding is
indefensibly contrary against morals, good customs and public policy thus he must be liable for
moral and exemplary damages for acting “in a wanton, fraudulent, reckless, oppressive, or
malevolent manner"4 to Ms. Janice who suffered emotional anguish, heartbreak and public
humiliation not to mention giving her false hope that their dream wedding could still happen
despite her effort to save every single penny she earned abroad in cognizance of Article 21 of the
New Civil Code5, to wit;

Article 21. Any person who willfully causes loss or injury to another in manner that is contrary
to morals, good customs or public policy shall compensate the latter for the damage.

A reading of New Civil Code Article 2219 paragraph 10 expressly indicates that moral damages
are recoverable in cases stated by Article 21 of the same code, to wit; 6

Article 2219. Moral damages may be recovered in the following and analogous cases:

(10) Acts and actions referred to in articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.

Given the abovementioned discussion, it is palpable that Ms. Kwan’s petition shall prosper
should she file a case for the collection of damages after she provide reliable evidence to support
her contention to the court.

3
Wassmer v. Velez, 12 SCRA 649 (1964)
4
Id.
5
Id.
6
Id.