Civil Law,  Legally Yours

Baksh v. CA

Baksh v. CA

BAKSH v. COURT OF APPEALS
G.R. No. 97336 February 19, 1993
Ponente: Davide Jr., J

FACTS:

Marilou Gonzales filed for damages against the petitioner for the alleged violation of their agreement to get married. The petitioner, an Iranian medical exchange student, courted and later on proposed marriage to Gonzales and therefore agreed to get married by October 1987. Sometime in August, the petitioner asked Gonzales to live in with him, and a week before the filing of the complaint, Baksh turned cold towards Gonzales and started maltreating her causing her to sustain injuries. The trial court ruled in favor of Gonzales and the court of appeals affirmed the decision. Petitioner now assails the decisions of the courts.

ISSUE:

Is the petitioner liable for violation of Article 21 of the Civil Code of the Philippines?

HELD:

The petitioner is liable for damages not because of the marriage agreement but because of violation of Article 21 of the Civil Code of the Philippines. Baksh employed deceit and fraud in promising marriage to Gonzales, a woman of no loose morals, in order to lure her to do sexual acts with him. Baksh blatantly disregarded Filipino traditions on marriage and acted contrary to morals, good customs, and public policy.

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