Monday, February 7, 2011

FRANCISCO HERMOSISIMA vs THE HON. COURT OF APPEALS, ET AL.

G.R. No. L-14628             September 30, 1960

FACTS:

Petitioner admitted that he is the father of Chris Hermosisima and is willing to support the latter. However, he did not gave any promise to marry the latter’s mother, Soledad Cagigas, who is his teacher and 10 years older than him. Instead, he married married one Romanita Perez.

Trial court rendered a decision for petitioner to pay Chris, by way of alimony pendente lite.

Court of Appeals confirmed.

ISSUE:

Whether or not moral damages are recoverable, under our laws, for breach of promise to marry?

HELD:

NO.

That breach of promise to marry is not actionable has been definitely decide in the case of De Jesus vs. Syquia, 58 Phil., 866. The history of breach of promise suit in the United States and in England has shown that no other action lends itself more readily to abuse by designing women and unscrupulous men. It is this experience which has led to the abolition of the rights of action in the so-called Balm suit in many of the American States.

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