Gasheem Shokat Baksh v CA

219 SCRA 115

J. Davide, JR.

Facts:

Petitioner is an Iranian medical exchange student who met Private Respondent Marilou
Gonzales, a waitress in Dagupan. Their relationship developed into a love affair and eventually the
couple decided to get married and meet with the girl’s parents to seek their blessings. After obtaining
their approval, girl resided with the petitioner’s apartment in Manila. Marilou before was a virgin and it
was only when she lived with the petitioner that she got deflowered. After quite some time, the
relationship regressed with maltreatments such as Marilou being tied, drugged, uncalled impregnation
and a forced abortion was administered via drug by the petitioner. Petitioner disclosed that he was
already married with another girl.

Marilou not withstanding anymore the actions of petitioner decided to leave Manila and reside
with his family in Dagupan. Marilou filed complaint for damages and breach of promise to marry.

Issue:

Is breach of promise to marry an actionable wrong which can be compensated for damages?

Held:

No, in accordance to law a breach of promise to marry is not an actionable wrong. However the
implication of deceit and fraudulence as a proximity cause that lead to the girl’s injury of honor and
reputation qualifies as an actionable wrong stated in Article 21 of the Civil Code.