What if he refuses to marry her?

Valentine’s Day originated as a fertility celebration. That probably explains why the day of love is also a day for sex. If you disagree, try checking in at any of the motels here. They have no room at the inn today.

We all know, of course, that not all love stories have happy endings. No ma’am, the lovers do not always live happily ever after.

It is therefore wise to know what your legal situation is the moment you give yourself to him because he promised to marry you. If he does not make good his promise, there’s not much you can do but charge the whole thing to experience.

You cannot go to court to compel him to marry you. A wag says that would be involuntary servitude, an infringement of the free man’s constitutional rights.

You cannot even sue for damages. Why? Because the history of such suit “has shown that no other action lends itself more readily to abuse by designing women and unscrupulous men.”

One of the first cases involving a broken marital vow happened in Cebu more than half a century ago. She was a teacher; he was a ship apprentice mate. They dated, he promised to marry her, they had sex and she became pregnant. When he refused to marry her, she sued. The court said no, you had fun while it lasted (okay, those are my words), you can’t collect damages.

There are exceptions, however, such as when there was seduction. In a 1993 decision written by then Chief Justice Hilario Davide III, an Iranian medical student was made to pay damages to the daughter of a tricycle driver because from the start he never intended to marry her “and the promise was only a subtle scheme or deceptive device to entice or inveigle her to accept him and to obtain her consent to the sexual act.”

Another exception is when the breach is “palpably and unjustifiably contrary to good customs.”

In a case that also took place in Cebu, the parties had fixed a date for their wedding, sent out invitation cards, the wedding apparel, including the dresses for the maid of honor and the flower girl made, the matrimonial bed purchased and the bridal shower given.

Then two days before the wedding date, the groom disappeared, leaving behind a note to his bride that they had to postpone the event because his mother was against it. The following day, he sent a telegram to apologize and to reassure, her that nothing has changed. “I’m returning very soon,” he promised. He never did.

The woman went to Court and won moral and exemplary damages because the man acted in a “wanton, fraudulent, reckless, oppressive and malevolent manner.”

As they say on social media, keep safe, people. But Happy Valentine’s Day, nevertheless.