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Estremos vs. Ephan

SPOUSES FRANCISCO ESTREMOS and ESTRELLA ESTREMOS, ET AL., plaintiffs and appellees, vs. SPOUSES GONZALO EPHAN and RESURRECCION VALENZONA, ET AL., defendants and appellants.

CV No. 68300 | 1986-12-23

1. MARRIAGE; BREACH OF PROMISE TO MARRY; BASIS FOR RECOVERY OF DAMAGES. - The Supreme Court has recognized the fact in several rulings that there is no provision of  the Civil Code authorizing an action for breach of promise to marry (Hermosisima vs. Court of Appeals, L-14528, Sept. 30, 1960) as reiterated in Estopa vs. Biansay,  L-14733, Sept. 30, 1960, is that a mere breach of promise to marry is not an actionable wrong and emphasized "that Congress deliberately eliminated from that draft of  the New Civil Code the provisions that would have it so." However, the Court made an exception in Wassmer vs. Velez, No....