BALALIO, LEINETTE GAYLE A.

JD 1

LEGAL WRITING 1
Gashem Shookat Baksh vs. Court of Appeals
G.R. No. 97336, February 19, 1993

STATEMENT OF THE CASE: A man promised to marry a woman who at the

end did not fulfill to.

FACTS: Gashem was introduced to Marilou Gonzales sometime in 1987. He

courted Marilou and proposed to marry her. Marilou accepted his love on the condition that
they would get married. They decided to set the wedding after the end of the school
semester which was in October 1987. The day after the acceptance of proposal, Gashem and
Marilou then visited the latter's parents to secure their approval to the marriage. Sometime
in August 1987, Gashem forced Marilou to live with him in his apartment. She was a virgin
before she began living with him and was described as a barrio lass not used and
accustomed to the trend of modern urban life.

Soon, Gashem's attitude towards Marilou started to change. He maltreated her and Marilou
sustained injuries. At the confrontation before the representative of the Brgy. Captain,
Gashem disowned the marriage agreement because he was already married to someone in
Bacolod.

Marilou then filed a complaint for damages against Gashem to the trial court, whereby
Marilou was favored and indemnified with moral damages and other fees. The defendant
petitioned for review to the appellate court until the case was lift up to the Supreme Court.
The defendant contends that the lower courts lack for factual and legal basis.

ISSUE: Is breach of promise to marry an actionable wrong?

RULING: No because a breach of promise to marry is per se not actionable

wrong. However, a woman who submitted to a sexual congress due to the fraud of promise
to marry or inducement is an actionable wrong, pursuant to the Article 21 of the Civil Code.

Under the provision of this Code, any person who willfully cause loss or injury to another in
manner that is contrary to morals, good customs and public policy shall compensate the
latter for damages.

In the case at bar, sufficient promise to marry or inducement had made the woman yield to
such sexual congress, such promise was only a subtle scheme or deceptive device to entice
or lure her to accept him. This, the submission of herself to a sexual congress before
marriage which is contrary to morals and good customs, caused the injury to her honor and
sexual reputation.