Petitioner
Gashem Shookat Baksh
Respondent
Court of Appeals
Citation
G.R. No. 97336
Court
Supreme Court
Division
Third Division
Ponente
Davide, Jr., J.
Decided
February 19, 1993

Recovery of damages for breach of promise to marry based on Article 21 of the Civil Code

Summary

An Iranian medical student promised marriage to a Filipino woman, lived with her after she surrendered her virginity, then refused to marry her. She sued for damages under Article 21 of the Civil Code. The Supreme Court held that while breach of promise to marry is generally not actionable, Article 21 applies when the promise involves fraud and deceit to obtain sexual relations, constituting moral seduction rather than mutual lust. The Court distinguished this case from mutual consent, finding the defendant made fraudulent representations to an innocent woman contrary to morals and good customs. The decision emphasizes protection of Filipino women from foreign exploitation and abuse of hospitality, affirming awards for moral damages, attorney's fees and litigation expenses.

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By Intellegal Editorial Board · February 19, 1993

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