Title
Gashem Shookat Baksh vs. Court of Appeals
Case
G.R. No. 97336
Decision Date
Feb 19, 1993
A foreign student deceitfully promised marriage to a Filipina, leading to moral injury; damages awarded under Article 21 for fraudulent breach of promise.

Case Digest (G.R. No. 97336)
Expanded Legal Reasoning Model

Facts:

  • Background of the Parties and Relationship
    • Private respondent Marilou T. Gonzales, a 22-year-old single Filipino woman of good moral character, was employed as a waitress and living in Dagupan City.
    • Petitioner Gashem Shookat Baksh, a single Iranian exchange student taking up medicine at Lyceum-Northwestern Colleges, met Marilou in August 1986 and began courting her.
    • On August 20, 1987, petitioner purportedly proposed marriage; they agreed to wed after the October semester and he visited her parents in Bugallon to secure their consent.
    • Shortly thereafter, petitioner allegedly coerced Marilou into a live-in relationship at his apartment; she was a virgin at that time.
  • Procedural History
    • October 27, 1987: Marilou filed Civil Case No. 16503 for damages of not less than ₱45,000 for petitioner’s breach of promise to marry, actual expenses (₱600), attorney’s fees and costs.
    • Petitioner’s Answer denied proposal, consent, mistreatment and alleged Marilou deceived him; counterclaimed ₱5,000 for expenses and ₱25,000 moral damages for malicious prosecution.
    • January 25, 1988: Pre-Trial Order stipulated four facts on residence, employment, education and first meeting on August 3, 1986.
    • October 16, 1989: RTC Branch 38, Lingayen, rendered judgment in favor of Marilou, awarding ₱20,000 moral damages, ₱3,000 attorney’s fees, ₱2,000 litigation expenses and costs.
    • February 18, 1991: CA in CA-G.R. CV No. 24256 affirmed the RTC decision; found petitioner’s promise to marry was a fraudulent device to gain respondent’s virtue and parental approval.
    • March 26, 1991: Petitioner filed a petition for certiorari under Rule 45 with the Supreme Court, contending Article 21 is inapplicable and he acted without bad faith or intent to marry.

Issues:

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

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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