Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 79 views

    Baksh v. CA

    Uploaded by

    Fayme Gabrielle Gapayao
    Marilou Gonzales filed a complaint against Gashem Shookat Baksh for breach of their agreement to marry. Baksh had courted Gonzales and secured her parents' approval, but then forced her to live with him and abused her. He later claimed to be already married, which was a lie. The court found that Baksh used the promise of marriage to deceive Gonzales into a sexual relationship. While breach of promise alone is not actionable, deceiving someone in this way to cause them financial or reputational harm merits damages. The petition was denied and Baksh was ordered to pay damages.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Baksh v. CA

    Uploaded by

    Fayme Gabrielle Gapayao
    79 views1 page
    Marilou Gonzales filed a complaint against Gashem Shookat Baksh for breach of their agreement to marry. Baksh had courted Gonzales and secured her parents' approval, but then forced her to live with him and abused her. He later claimed to be already married, which was a lie. The court found that Baksh used the promise of marriage to deceive Gonzales into a sexual relationship. While breach of promise alone is not actionable, deceiving someone in this way to cause them financial or reputational harm merits damages. The petition was denied and Baksh was ordered to pay damages.

    Original Description:

    Digested case

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Marilou Gonzales filed a complaint against Gashem Shookat Baksh for breach of their agreement to marry. Baksh had courted Gonzales and secured her parents' approval, but then forced her to live with him and abused her. He later claimed to be already married, which was a lie. The court found that Baksh used the promise of marriage to deceive Gonzales into a sexual relationship. While breach of promise alone is not actionable, deceiving someone in this way to cause them financial or reputational harm merits damages. The petition was denied and Baksh was ordered to pay damages.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    79 views1 page

    Baksh v. CA

    Uploaded by

    Fayme Gabrielle Gapayao
    Marilou Gonzales filed a complaint against Gashem Shookat Baksh for breach of their agreement to marry. Baksh had courted Gonzales and secured her parents' approval, but then forced her to live with him and abused her. He later claimed to be already married, which was a lie. The court found that Baksh used the promise of marriage to deceive Gonzales into a sexual relationship. While breach of promise alone is not actionable, deceiving someone in this way to cause them financial or reputational harm merits damages. The petition was denied and Baksh was ordered to pay damages.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 1

    Baksh v.

    CA (1993)

    DOCTRINE:
     Although breach of promise per se is not an actionable wrong, if it was done in deceit to lure a woman into sexual
    congress with a man who has no intention to fulfill a promise of marriage, then award for damages is justified not
    because of the promise but because of the fraud, deceit, and willful injury to her honor and reputation.

    FACTS:
    Marilou Gonzales filed a complaint dated October 27, 1987 for damages against Gashem Shookat Baksh for the alleged
    breach of their agreement to get married. She met the petitioner in Dagupan where the latter was an Iranian medical
    exchange student who later courted her and proposed marriage. Baksh even went to Marilou’s house to secure approval of
    her parents. The petitioner then forced the respondent to live with him in his apartment. Marilou was a virgin before she
    lived with him. After a week, she filed a complaint because Baksh started maltreating and threatening her. He even tied her in
    the apartment while he was in school and drugged her. Marilou at one time became pregnant but the petitioner administered
    a drug to abort the baby.

    Baksh repudiated his marriage agreement with Marilou because he is already married to someone in Bacolod, which
    later turned out to be a lie. He claimed that he never proposed marriage or agreed to be married neither sought consent and
    approval of Marliou’s parents. He claimed that he asked Marilou to stay out of his apartment since the latter deceived him by
    stealing money and his passport. The private respondent prayed for damages and reimbursements of actual expenses.

    ISSUE: Whether breach of promise to marry can give rise to cause for damages

    HELD: NO.

    The existing rule is that breach of promise to marry per se is not an actionable wrong. The court held that when a man uses
    his promise of marriage to deceive a woman to consent to his malicious desires, he commits fraud and willfully injures the
    woman. In that instance, the court found that petitioner’s deceptive promise to marry led Marilou to surrender her virtue and
    womanhood.

    Moral damages can be claimed when such promise to marry was a deceptive ploy to have carnal knowledge with the woman
    and actual damages should be paid for the wedding preparation expenses.

    PETITION DENIED, with costs against Baksh.

    You might also like