instead left a note for her bride-to-be that they should postpone the wedding becausehis mother does not like her. But Francisco was never seen again. Beatriz then filed a suit against Velez but he was rendered in default for failing to appearbefore the hearing despite several notice sent to his address. The court tried toconvince both parties to come to a compromise agreement or an amicable settlementbut the efforts did not yield. Issue:Whether or not breach of promise to marry is an actionable wrong in the case. Ruling:Ordinarily, breach of promise to marry is not an actionable wrong. However, one mayincur civil liability when expenses have already been made to prepare for the wedding,and the tarnished reputation of the family because of the embarrassment brought aboutby the failed wedding. But the plaintiff must show sufficient evidence that the defendantacted in wanton, reckless and oppressive manner.
Guidelines in determining psychological incapacityREPUBLIC V. QUINTERO-HAMANO GR no. 154994June 28, 2005Facts:Lolita Quintero-Hamano and Toshio Hamano started cohabiting, living a common-lawrelationship. Toshio was a Japanese national who would necessarily go back and forthfrom Japan to Philippines. Sometime in 1987, as Toshio went to Japan and while Lolita was in the Philippines, theydecided that they would get married 1 year thereafter. Their child was born, but he hadto go back to Japan promising the latter that he will return but he never kept his promiseand even if he returned he never visited her and their son and had only providedfinancial support for only two months. This prompted Lolita to file a declaration of nullity of their marriage. Summons wasserved to his house but the known address was no longer where he resides. As a result,they deemed it necessary to cause its publication in the newspaper.Issue:Whether or not Toshio was psychologically incapacitated to perform his maritalobligation.Ruling:It is not enough that one’s act of abandonment would render him psychologicallyincapacitated. In the present case, instead of constantly alleging that her husband couldnot fulfil his obligation, Lolita could have just presented psychological examination orevaluation of her husband which would definitely strengthen her case. The definition ofpsychological incapacity does not evolve on the idea that one neglects or refuses tofulfil his obligation, it must be based on one’s inability or incapacity to perform essentialmarital obligation.