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Wasmer Digest

Francisco Velez and Beatriz Wassmer were set to be married on September 4, 1954, but Velez left a note postponing the wedding due to his mother's opposition and did not show up. Wassmer sued Velez for damages. The court found Velez in default and ordered him to pay damages. Velez appealed, arguing his affidavit stating his failure to marry was due to unexplained "fortuitous events" constituted a valid defense. However, the Supreme Court held the affidavit did not provide any facts, only conclusions, leaving the court to guess at the actual circumstances. As it did not state facts to assess the probable merits of the defense,

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147 views

Wasmer Digest

Francisco Velez and Beatriz Wassmer were set to be married on September 4, 1954, but Velez left a note postponing the wedding due to his mother's opposition and did not show up. Wassmer sued Velez for damages. The court found Velez in default and ordered him to pay damages. Velez appealed, arguing his affidavit stating his failure to marry was due to unexplained "fortuitous events" constituted a valid defense. However, the Supreme Court held the affidavit did not provide any facts, only conclusions, leaving the court to guess at the actual circumstances. As it did not state facts to assess the probable merits of the defense,

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Facts: Francisco Velez and Beatriz Wassmer, following their mutual promise of love decided to get married on September

4, 1954. On the day of the supposed marriage, Velez left a note for his bride-to-be that day to postpone their wedding because his mother opposes it. Therefore, Velez did not appear and was not heard from again. Beatriz sued Velez for damages and Velez failed to answer and was declared in default. Judgement was rendered ordering the defendant to pay plaintiff P2.000 as actual damages P25,000 as moral and exemplary damages, P2,500 as attorneys fees. Later, an attempt by the Court for amicable settlement was given chance but failed, thereby rendered judgment hence this appeal.

Issue: Whether or not breach of promise to marry is an actionable wrong in this case.

Held: Ordinarily, a mere breach of promise to marry is not an actionable wrong. But formally set a wedding and go through all the necessary preparations and publicity and only to walk out of it when matrimony is about to be solemnized, is quite different. This is palpable and unjustifiable to good customs which holds liability in accordance with Art. 21 on the New Civil Code. When a breach of promise to marry is actionable under the same, moral and exemplary damages may not be awarded when it is proven that the defendanr clearly acted in wanton, reckless and oppressive manner.

Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-20089 February 26, 1965

BEATRIZ P. WASSMER, plaintiff-appellee, vs. FRANCISCO X. VELEX, defendant-appellant.

RESOLUTION BENGZON, J.P. J.: Defendant-appellant has filed a motion for reconsiderationof this Court's decision promulgated December 26, 1964. The only point movant raises is the alleged validity of his affidavit of merits attached to his petition for relief in the lower court. The affidavit of merits in question states "that he (defendant)has a good and valid defense, his failure to marry plaintiff as scheduled having been due to a fortuitous event and/or circumstances beyond his control." The movant contends that this is not a mere opinion or conclusion but positive and categorical statement of a valid defense; that it state there are fortuitous event, i.e., fortuitous facts, which defendant puts forward as valid defense. The previous rulings of this Court, movant further contends, held invalid only affidavits of merits that disclosed no defense. The rulings of this Court require affidavits of merits to state not mere conclusion or opinions but facts (Vaswani vs. Tarachand Bros., L-15800, Dec. 29, 1960). An affidavit is a statement under oath of facts. Defendant's affidavit of merits stated no facts, but merely an inference that defendant's failure was due to fortuitous event under circumstances beyond his control. This is a conclusion of fact, not a fact. An affidavit of merits is required to avoid waste of the court's time if the defense turns out to be ineffective (Vda. de Yulo vs. Chua Chuco, 48 O.G. 554, 555). Statements too vague or merely general do not as movant admits serve the afore-stated purpose. Defendant's affidavit of merits provides no means for the court to see the merits of his defense and determine whether reopening the case would be worth its time. Said affidavit revealed nothing of the "event" or "circumstances" constituting the defense. It stated, in substance, only defendant's opinion that the event was "fortuitous" and that the circumstances were "beyond his control"; and his conclusion that his failure to marry plaintiff on schedule was "due to" them. The court, not the defendant, should form such opinions and draw such conclusions on the basis of facts provided in the affidavit. As it is, defendant's affidavit leaves the court guessing as to the facts.
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Conformably to previous rulings of this Court, therefore, the affidavit of merits aforementioned is not valid. To repeat, it state a conclusion of facts, not facts themselves; it leaves the court guessing as to the fact; it provides no basis for determining the probable merits of the defense as a justification for reopening the case. WHEREFORE, the motion for reconsideration is hereby denied. So Ordered. Bengzon, C.J., Bautista Angelo, Concepcion, Reyes, J.B.L., Barrera, Paredes, Dizon, Regala, Makalintal and Zaldivar, JJ., concur.

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