DSLaw Family Law Series

IS BREACH OF PROMISE TO MARRY AN ACTIONABLE WRONG? [Understanding the Concept of Damages under the Civil Code of the Philippines]

Imagine this: you’re on cloud nine. The love of your life proposed, and of course, you said, yes. You purchased the gown, the party dresses for the entourage, the flowers, and even the matrimonial bed. But two days before the big date, your fiancé left a note:
“I’m sorry but we need to postpone the wedding. My mother opposes it.” After which, you never saw him again.

Is his breach of promise to marry an actionable wrong?

Ordinarily, a breach of promise to marry per se is not an actionable wrong under Philippine Law.[1]

But to formally set a wedding and go through all the necessary preparations 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 customs, for which the erring promisor must be held answerable in damages.[2]

[1] Gashem Shookat Baksh v. Court of Appeals, G.R. No. 97336, (1993).

[2] Wassmer v. Velez, G.R. No. L-20089, (1964).

How Can We Help?

When a breach of promise to marry is actionable, our lawyers at Delloro & Saulog Law Offices can help you recover damages – be it actual, moral or exemplary damages. After all, we must all be held accountable with our promises, in one way or another.

We must all bear in mind that 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.[1]

For more information on how we can help you, book a consultation with us below.

[1] Civil Code, art. 21, (1949).

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