Dear PAO,
My boyfriend and I planned to settle down after five (5) years of being in a relationship. He proposed to me in December 2024. We planned to get married in December 2025 because he first needed to finish his employment contract in the USA. Sometime in February 2025, he called me and said that he was very sorry because he could no longer marry me, considering that he wants to permanently reside in the USA, and does not believe in a long-distance relationship. I am very heartbroken and stressed because of this matter. I want to know whether I could sue my ex-fiancé for damages considering that he reneged on his promise to marry me.
Rica
Dear Rica,
In the case of Gashem Shookat Baksh vs. Hon. Court of Appeals and Marilou T. Gonzales (G.R. No. 97336, February 19, 1993), the Supreme Court, through Honorable Chief Justice Hilario Davide, Jr., ruled that a breach of promise to marry, in itself, is not considered as an actionable wrong, to wit:
“The existing rule is that a breach of promise to marry per se is not an actionable wrong. Congress deliberately eliminated from the draft of the New Civil Code the provisions that would have made it so.”
Hence, it is clear that breach of promise to marry, in itself, is not considered as an actionable wrong and the aggrieved party may not successfully claim damages against the erring party.
But this rule is not absolute. In one case, the Supreme Court ruled that although a mere breach of promise to marry is not an actionable wrong, if the wedding was formally set and the parties had gone through all the needed preparations and publicity, but one of the soon-to-be spouses decided to walk away from the marriage when it was about to be solemnized, the aggrieved party may ask for damages pursuant to Article 21 of the New Civil Code. (Beatriz P. Wassmer vs. Francosco X. Velez, G.R. No. L-20089, December 26, 2964, penned by Honorable Chief Justice Cesar Fernando C. Bengzon)
The Court also ruled that when a man’s promise to marry is in fact the proximate cause of the acceptance of his love by a woman and such promise became the proximate cause why the woman gave herself unto the man in a sexual congress, and it was later on found out that the latter had really no intention of marrying the woman, the latter may file for damages pursuant to Article 21 of the New Civil Code. (Earlier cited case of Baksh vs. Hon. Court of Appeals)
It is clear that mere breach of promise to marry is not actionable unless the circumstances warrant the application of Article 21 of the said Code, which states that:
“Article 21. Any person who wilfully causes loss or injury to another in manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage.”
In your case, you may not be successful in claiming damages against your ex-fiancé, unless you could prove that the circumstances warrant the application of Article 21 of the New Civil Code, similar to the above-mentioned cases decided by the Court.
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.
Thank you for your continued trust and support.
