instead left a note for her bride to be that they should postpone the wedding

Instead left a note for her bride to be that they

This preview shows page 3 - 5 out of 6 pages.

instead left a note for her bride-to-be that they should postpone the wedding because his 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 appear before the hearing despite several notice sent to his address. The court tried to convince both parties to come to a compromise agreement or an amicable settlement but 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 may incur 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 about by the failed wedding. But the plaintiff must show sufficient evidence that the defendant acted in wanton, reckless and oppressive manner.
Image of page 3
Guidelines in determining psychological incapacity REPUBLIC V. QUINTERO-HAMANO GR no. 154994 June 28, 2005 Facts: Lolita Quintero-Hamano and Toshio Hamano started cohabiting, living a common-law relationship. Toshio was a Japanese national who would necessarily go back and forth from Japan to Philippines. Sometime in 1987, as Toshio went to Japan and while Lolita was in the Philippines, they decided that they would get married 1 year thereafter. Their child was born, but he had to go back to Japan promising the latter that he will return but he never kept his promise and even if he returned he never visited her and their son and had only provided financial support for only two months. This prompted Lolita to file a declaration of nullity of their marriage. Summons was served 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 marital obligation. Ruling: It is not enough that one’s act of abandonment would render him psychologically incapacitated. In the present case, instead of constantly alleging that her husband could not fulfil his obligation, Lolita could have just presented psychological examination or evaluation of her husband which would definitely strengthen her case. The definition of psychological incapacity does not evolve on the idea that one neglects or refuses to fulfil his obligation, it must be based on one’s inability or incapacity to perform essential marital obligation.
Image of page 4
Image of page 5

You've reached the end of your free preview.

Want to read all 6 pages?

  • Spring '14

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture