Dear PAO,

My ex-boyfriend and I have been together for eight years. Three years ago, he repeatedly promised me that he would marry me after the expiration of his contract at the agency where he was working. Last year, his contract was terminated. So, we started planning for our wedding. We already prepared our clothes, the church and the reception venues were reserved and paid for, and the invitations were already sent out to our family and friends. In fact, we also paid for the down payment of a small house and lot where we could stay after we get married. However, one week before our wedding, my ex-boyfriend told me that I needed to call off the wedding because he was not yet ready to spend the rest of his life with me. Then, he left and went overseas. This caused me so much pain and embarrassment because our family and friends had already been informed about our wedding. Also, the church and reception venues have already been paid in full. I would like to know if I can file a complaint against my ex-boyfriend for breaking his promise to marry me.

Junee

Dear Junee,

Yes, you can file a complaint for damages against your ex-boyfriend for calling off your wedding after all the preparations for the wedding have been made. As a general rule, “a breach of promise to marry per se is not an actionable wrong.” (Baksh v. Court of Appeals; GR 97336; Feb. 19, 1993; Ponente: Justice Hilario Davide, Jr.) However, Article 21 of the New Civil Code of the Philippines also provides that “[a]ny person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.” Accordingly, acts which are not contrary to law cannot be perpetrated with impunity and may still give rise to a cause of action if they are in contravention with Article 21 of the said Code.

From the facts you presented, it seems that all the preparations pertaining to your wedding have already been planned and paid for, which is similar to the case of Wassmer v. Velez (GR L-20089; Dec. 26, 1964; Ponente: Chief Justice Cesar Fernando Bengzon), wherein the Supreme Court declared that:

“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 customs for which defendant must be held answerable in damages in accordance with Article 21 aforesaid.” [Emphasis supplied]

From the above case, it is clear that calling off wedding plans when preparations have already been made is contrary to good customs which is proscribed in Article 21 of the New Civil Code of the Philippines. Corollary, Article 2219 (10) of the said Code also provides that “[m]oral damages may be recovered in – acts and actions referred to in Article 21.” Therefore, even though the mere breach of promise to marry is not an actionable right, you may still claim damages from your ex-boyfriend for calling off your wedding after all the preparations have been made as the same is contrary to good customs.

This opinion is solely based on the facts you have narrated and our appreciation of the same. Thus, the opinion may vary when the facts are changed or further elaborated. We hope that we were able to enlighten you on the matter.

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]