For Your Data Wassmer V. Velez Example Brief Summary

Wassmer V. Velez

FACTS:

Francisco Velez too Beatriz, next their hope to love, decided to larn married. Two days earlier their spousal human relationship Francisco wrote Beatriz telling her that their spousal human relationship had to live on postponed every bit his woman bring upward opposes it. Influenza A virus subtype H5N1 solar daytime earlier his spousal human relationship he sent a telegram informing her “nothing changed residual assured returning soon”. Francisco was never heard from again. Beatriz sued for damages for breach of hope to marry.

ISSUE:

Is breach of hope to wed an actionable wrong?

HELD:

The extent to which acts non opposite to police may live on perpetrated amongst impunity, is non limitless for Article 21 of the Civil Code provides that “any individual who willfully causes loss or injury to around other inwards a agency that is opposite to morals, practiced customs or populace policy shall compensate the latter for the damages.

This is non a illustration of mere breach to marry. As stated, mere breach of hope to wed is non an actionable wrong. But to formally laid upward a marriage too become through all the training too publicity, solely to walk out of it when the matrimony is nearly to live on solemnized, is quite different. This is palpably too unjustifiably opposite to practiced customs for which accused must live on held answerable inwards damages inwards accordance amongst Article 21 of the Civil Code.

When a breach to wed is actionable nether Article 21 of the Civil Code, moral damages may live on awarded nether Article 2219(10) of the said Code. Exemplary damages may too live on awarded nether Article 2232 of said Code where it is proven that the accused clearly acted inwards a wanton, reckless too oppressive manner.

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