S.A 2020/21 B.E CIVIL LAW | Question #11

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 SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CIVIL LAW | Question #11 



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A bride declined to appear on her wedding day. Instead, she sent a note to her prospective groom, saying that she needed to be honest to herself by admitting that the institution of marriage was not for her. 

The bride wrote that she came to this conclusion after contemplating on the tweets of the #LabGuru. She also wrote that to atone for her non-appearance, she would post a glowing recommendation of the prospective groom as a partner on her Facebook, Twitter, Instagram, and TikTok accounts.

The couple had previously dated for almost eight years. The whole time, the prospective groom had been loyal and caring. It was the bride who covered all the wedding expenses.

Heartbroken and embarrassed, the prospective groom sued the prospective bride for moral damages, alleging that she had breached her promise to marry him.

Will the suit prosper? Explain briefly. 

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SUGGESTED ANSWER: 

Yes, the suit will prosper. While breach of promise to marry per se is not actionable, the action of the bride in formally setting a wedding and all the accompanying preparation and publicity, only to not appear on the day of the wedding, is contrary to good customs, which would make her liable for damages.

 

In a similar case decided by the Supreme Court, the groom who backed out of the wedding when it was about to be solemnized was held to be palpably and unjustifiably contrary to good customs for which the groom must be held liable for damages in accordance with Article 21 (Wassmer v. Velez, G.R. No. L-20089 December 26, 1964). 


Code: S.A 2020/21 B.E CIVIL LAW | Question #11


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