Dear PAO,

Before leaving the country for work, my ex-boyfriend for ten years promised that he will marry me. He even gave me a promise ring and told me to wait for him. But just five months after he left, he stopped talking to me and told me that we should already break up. Can I sue him for breach of the promise to marry?

Charlene

Dear Charlene,

Please be informed of the Supreme Court’s ruling in the case of Guevarra vs. Banach, in GR 214016, Nov. 24, 2021, Ponente: Senior Associate Justice Marvic Mario Victor Leonen, where it was held that:

“A mere breach of a promise to marry is not an actionable wrong, as long as it is not of such extent as would palpably and unjustifiably contradict good customs.

“An individual has the autonomy to choose whom to marry, or whether to marry at all. They must be free to make that choice without any fear of legal retribution or liability. The decision on whether to marry is one that should be freely chosen, without the pressures of a possible civil suit should a person realize that their intended partner is not right for them. We recognize instances when the breach of one’s commitment in an intimate relationship is a consequence of their realization that marriage may not be the wisest path they could take given their circumstances.

“For this reason, litigation to the sorrows caused by a broken heart and a broken promise must be discouraged.”

As provided in the aforementioned Supreme Court decision, a person generally has the power and the freedom to choose whom he or she wants to marry, or decide whether or not to marry at all. This is a prerogative given to all. In your case, even though your boyfriend reneged on his promise to marry you, you cannot file a case against him for a simple breach, as such promise is not enforceable under our laws. Thus, if your boyfriend decides that he does not want to spend the rest of his life with you through marriage or for some other reason, such as if he realizes that you are not the right person for him, that is his prerogative, which no one can interfere with and which will not give rise to a cause for legal action absent any infraction or violation of our laws.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]