Can you sue someone for not fulfilling a promise to marry?
As a general rule, breach of a promise to marry someone is not an actionable wrong. One cannot be sued if he or she breaks an engagement or does not go through with the wedding.
A marriage proposal and the acceptance of the proposal is a promise that one cannot be sued for, as both are not legally mandatory.
However, this general rule has exceptions. Breach of a promise to marry may still be actionable under Article 21 of the Civil Code of the Philippines which states that: “Any 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.”
Bea and Franz were a couple. The lovers decided to get married and had in fact, set a specific date. Bea broke the news to friends and family. Wedding plans ensued with Bea picking her wedding dress, appointing her wedding entourage, reserving venues for the church wedding and reception and sending out invitations.
As the wedding drew near, Franz informed Bea that he was having second thoughts about the wedding. After a few weeks, Bea never heard from Franz again.
In a similar case, the Supreme Court ruled that while a breach of promise to marry is not an actionable wrong, the withdrawal of Franz from the wedding ceremony was not a mere breach of promise to marry, but that such was “wanton…. reckless and oppressive”.
The high court noted that “to formally set a wedding and go through all the … preparation and publicity, only to walk out of it when the matrimony is about to be solemnized is quite different.” and called such actions as “palpably and unjustifiably contrary to good customs for which defendant must be held answerable in damages in accordance with Article 21..” of the Civil Code.
The offended party may recover not only moral and exemplary damages, but may also recover reimbursement for expenses incurred in the wedding preparations.
Truly, one cannot force love. You cannot force someone to feel a particular way about you. And people change their minds or have a change of heart and break promises and engagements everyday.
But how does one move on from the heartbreak, trauma and the harrowing nightmare of being left standing alone at the altar? I say mourn your heart out, take a holiday and lean on friends and family. There is nothing wrong with you. Believe that that too, shall pass.
If that does not work, well, you can always sue your way and make him pay for all that he is worth. |NND
