Dear PAO,

My husband is being sued by his ex. It is a long story, but I will cut it short. Last year, my husband was set to marry my best friend from school. She and her family had already paid for the wedding arrangements and preparations. However, during the lead up to the wedding, he and I started seeing each other for the preparations, and we ended up falling for each other.

On the day of the wedding, I convinced my husband to just run off with me and elope in the province. He left his bride-to-be hanging at the wedding venue. Now, my husband’s ex wants to sue him for damages. I think she is seriously mistaken because no one can force to marry someone.

Rubilyn

Dear Rubilyn,

Unfortunately, your former best friend is correct. She may file a civil action against your spouse for damages covering all the expenses incurred and for the personal pain caused by the embarrassment of being abandoned on her wedding day.

The Supreme Court, speaking through Associate Justice Mario Victor F. Leonen, in the case of Jhonna Guevarra, et al. vs. Jon Banach (G.R. No. 214016. November 24, 2021), stated that one who cancels a wedding may be held liable for damages:

“Under our laws, a breach of promise to marry is not actionable. This doctrine was first pronounced in Hermosisima v. Court of Appeals, where this Court observed that the New Civil Code omitted the provisions in the Spanish Civil Code of 1889 that allowed actions for breach of promise to marry. Hermosisima treated the omission to mean that such breach is no longer recognized as an actionable wrong. This doctrine was reiterated in Estopa v. Piansay and Baksh v. Court of Appeals.

“Nevertheless, in Wassmer v. Velez, this Court allowed the recovery of damages as a result of a canceled marriage. In Wassmer, preparations for the wedding had already been made – a marriage license had been secured; wedding invitations printed and distributed; dresses for the bride, maid of honor, and flower girl purchased; bridal showers given and gifts received; the matrimonial bed bought, complete with accessories – only to have the wedding canceled just two days before its intended date.

“Wassmer did not depart from the doctrine that a mere breach of promise to marry is not an actionable wrong. The award in Wassmer was not based on the breach of promise to marry, but on Article 21 of the New Civil Code. Wassmer ruled that, while a breach of promise to marry was not actionable, walking out of a wedding two days prior, after all had been prepared, was quite different. The defendant’s act was deemed ‘palpably and unjustifiably contrary to good customs,’ for which the award of damages was proper. Indeed, ‘the extent to which acts not contrary to law may be perpetrated with impunit[y] is not limitless[,]’ as these acts are still subject to the human relations provisions of the New Civil Code.”

Here, while your husband may not be sued for merely breaking his promise to marry, he may be held liable for damages for all the trouble and humiliation that his former fiancée suffered when he left her at the proverbial altar on the very same day of their planned wedding. Please consult a lawyer immediately.

We hope that we were able to answer your queries. This advice was 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.

We appreciate your trust and support.

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]