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Breach of Promise to Marry Case

1) Gashem Shookat Baksh was sued for damages by Marilou T. Gonzales for allegedly violating their agreement to marry. Baksh had courted Gonzales and they agreed to marry after the school semester ended, but he later claimed to be already married to someone else. 2) Gonzales alleged that Baksh forced her to live with him, maltreated her, and threatened to kill her. She sustained injuries and filed a complaint seeking damages. 3) The lower court ruled in favor of Gonzales, applying Article 21 of the Civil Code which allows recovery of damages for fraudulent and deceptive acts. The Court of Appeals upheld this decision, finding Baksh violated Filipino concepts of morality through his

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87 views2 pages

Breach of Promise to Marry Case

1) Gashem Shookat Baksh was sued for damages by Marilou T. Gonzales for allegedly violating their agreement to marry. Baksh had courted Gonzales and they agreed to marry after the school semester ended, but he later claimed to be already married to someone else. 2) Gonzales alleged that Baksh forced her to live with him, maltreated her, and threatened to kill her. She sustained injuries and filed a complaint seeking damages. 3) The lower court ruled in favor of Gonzales, applying Article 21 of the Civil Code which allows recovery of damages for fraudulent and deceptive acts. The Court of Appeals upheld this decision, finding Baksh violated Filipino concepts of morality through his

Uploaded by

Jazzy Alim
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
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Gashem Shookat Baksh v.

Court of Appeals, 219 SCRA 115

G.R. No. 97336 February 19, 1993


GASHEM SHOOKAT BAKSH, petitioner,
vs.
HON. COURT OF APPEALS and MARILOU T. GONZALES, respondents.
Public Attorney's Office for petitioner.
Corleto R. Castro for private respondent.

FACTS:

October 27, 1987, private respondent filed in the trial court a complaints for damages against
the petitioner for the alleged violation of their agreement to get married.

Petitioner is a 29 year-old Iranian citizen and an exchange medical student at the Lyceum
Northwester Colles in Dagupan City.

Petitioner courted and proposed to marry the respondent. They agreed to get married after
the end of the school semester, which was in October of that year. Petitioner visited the
private respondent's parents in Bañaga, Bugallon, Pangasinan to secure their approval to the
marriage. August 20, 1987, the petitioner forced her to live with him in his apartment.
Petitioner who is a virgin agreed to live with him. A week before the filing of the complaint,
petitioner's attitude towards her started to change; allegedly he maltreated and threatened to
kill her; as a result of such maltreatment, she sustained injuries. During a confrontation with
a representative of the barangay captain petitioner refused their marriage agreement claiming
that he is already married to someone in Bacolod City. In her complaint, private respondent
prayed for judgment ordering the petitioner to pay her damages, reimbursement for actual
expenses, attorney's fees and costs, and granting her such other relief and remedies.

Petitioner denied all of respondent’s testimony and counterclaimed that the complaint is
baseless and unfounded and that as a result thereof, he was unnecessarily dragged into court
and compelled to incur expenses, and has suffered mental anxiety and a besmirched
reputation, he prayed for an award of P5,000.00 for miscellaneous expenses and P25,000.00
as moral damages.

The lower court, applying the rule of Article 21 of the Civil Code, favored the private
respondent.

ISSUE:

WON damages may be recovered for a breach of promise to marry on the basis of Article 21
of the Civil Code of the Philippines.

HELD:

The existing rule is that a breach of promise to marry per se is not an actionable wrong.
However, the Court found that it was the petitioner's "fraudulent and deceptive protestations
of love for and promise to marry plaintiff that made her surrender her virtue and womanhood
to him and to live with him on the honest and sincere belief that he would keep his promise,
and it was likewise these fraud and deception on petitioner’s part that made the respondents
parents agree to their daughter living-in with him preparatory to their supposed marriage.
Petitioner clearly violated the Filipino's concept of morality and brazenly defied the
traditional respect Filipinos have for their women. The Court finds no reversible error in the
challenged decision, the petition is hereby DENIED, with costs against the petitioner.

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