[go: up one dir, main page]
Scribd
Upload
783 views1 page

Gashem Shookat Baksh vs. Ca G.R. No. 97336 Facts

Petitioner, an Iranian exchange student, courted and proposed to marry a 22-year old Filipino woman. They began living together after she accepted his marriage proposal. However, the petitioner's attitude toward her changed - he maltreated and threatened her, causing her injuries. He then denied their marriage agreement and asked her to leave. The woman sued for damages. The Court ruled that damages may be awarded under Article 21 of the Civil Code if a man uses a false marriage promise to deceive a woman into a sexual relationship, thereby injuring her honor. However, the injury must be contrary to morals or public policy.

Uploaded by

Alelie Joy Malazarte
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
783 views1 page

Gashem Shookat Baksh vs. Ca G.R. No. 97336 Facts

Petitioner, an Iranian exchange student, courted and proposed to marry a 22-year old Filipino woman. They began living together after she accepted his marriage proposal. However, the petitioner's attitude toward her changed - he maltreated and threatened her, causing her injuries. He then denied their marriage agreement and asked her to leave. The woman sued for damages. The Court ruled that damages may be awarded under Article 21 of the Civil Code if a man uses a false marriage promise to deceive a woman into a sexual relationship, thereby injuring her honor. However, the injury must be contrary to morals or public policy.

Uploaded by

Alelie Joy Malazarte
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

GASHEM SHOOKAT BAKSH vs.

CA
G.R. No. 97336
FACTS:

Petitioner, Gashem Baksh, an Iranian citizen and an exchange student taking a medical
course courted and proposed to marry respondent, Marilou Gonzales, a 22-year old girl,
single and Filipino. Respondent accepted his love on the condition that they would get
married. Petitioner then visited respondent’s parents in Pangasinan to secure their
approval to the marriage after the end of the school semester. They began living
together in the apartment where the petitioner resides. Respondent was a virgin when
she began living with petitioner. Gashem’s attitude towards her started to change, he
maltreated and threatened to kill her. Respondent sustained injuries. A day before the
filing of the complaint, petitioner denied their marriage agreement and asked her not to
live with him anymore. Respondent prayed for judgment ordering the petitioner to pay
her for the damages.

ISSUE:

Whether or not damages may be recovered for a breach of promise to marry on the
basis of Article 21 of the Civil Code of the Philippines.

RULING:

The Court so hold that where a man’s promise to marry is in fact the proximate cause of
the acceptance of his love by a woman and his representation to fulfill that promise
thereafter becomes the proximate cause of the giving of herself unto him in a sexual
act, proof that he had, in reality, no intention of marrying her and that the promise was
only a deceptive device to make her believe and accept him and to obtain her consent
to sexual act could justify the award of damages pursuant to Article 21 of New Civil
Code not because of such promise to marry but because of the fraud and deceit behind
it and the willful injury to her honor and reputation. It is essential, however, that such
injury should have been committed in a manner contrary to morals, good customs or
public policy.

You might also like