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    Gashem Shookat Baksh vs. CA

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    Faye Cience Bohol
    Petitioner, an Iranian exchange student, allegedly promised to marry respondent, a former waitress, convincing her to live with him. However, petitioner was already married. Respondent filed a complaint alleging maltreatment. Petitioner claimed respondent stole from him and he never proposed. The trial court ruled in respondent's favor, finding petitioner liable for damages. The Court of Appeals affirmed. The Supreme Court denied the petition, finding petitioner's acts contrary to morals and public policy since his promise to marry was a scheme to obtain respondent's consent for sex and cause her willful injury.

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    Gashem Shookat Baksh vs. CA

    Uploaded by

    Faye Cience Bohol
    256 views1 page
    Petitioner, an Iranian exchange student, allegedly promised to marry respondent, a former waitress, convincing her to live with him. However, petitioner was already married. Respondent filed a complaint alleging maltreatment. Petitioner claimed respondent stole from him and he never proposed. The trial court ruled in respondent's favor, finding petitioner liable for damages. The Court of Appeals affirmed. The Supreme Court denied the petition, finding petitioner's acts contrary to morals and public policy since his promise to marry was a scheme to obtain respondent's consent for sex and cause her willful injury.

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    Torts digest

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    Petitioner, an Iranian exchange student, allegedly promised to marry respondent, a former waitress, convincing her to live with him. However, petitioner was already married. Respondent filed a complaint alleging maltreatment. Petitioner claimed respondent stole from him and he never proposed. The trial court ruled in respondent's favor, finding petitioner liable for damages. The Court of Appeals affirmed. The Supreme Court denied the petition, finding petitioner's acts contrary to morals and public policy since his promise to marry was a scheme to obtain respondent's consent for sex and cause her willful injury.

    Copyright:

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

    Gashem Shookat Baksh vs. CA

    Uploaded by

    Faye Cience Bohol
    Petitioner, an Iranian exchange student, allegedly promised to marry respondent, a former waitress, convincing her to live with him. However, petitioner was already married. Respondent filed a complaint alleging maltreatment. Petitioner claimed respondent stole from him and he never proposed. The trial court ruled in respondent's favor, finding petitioner liable for damages. The Court of Appeals affirmed. The Supreme Court denied the petition, finding petitioner's acts contrary to morals and public policy since his promise to marry was a scheme to obtain respondent's consent for sex and cause her willful injury.

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    GashemShookatBakshvs.

    CourtofAppeals
    GRNo.97336February19,1993
    FACTS:PetitionerwasamedicinestudentatLyceumNorthwesternCollegesatDagupanCity.HewasanIranianexchangestudentandwas
    29yearsold.Respondentwasaformerwaitressonaluncheonette,andwas22yearsold.Petitionerwasallegedlytheloverofthe
    respondent,andwassaidtopromisemarriagetothelatter,whichconvincedhertolivewithhiminhisapartment.Itwasevenallegedthat
    thepetitionerwenttothehouseoftherespondenttoinformherfamilyaboutthemarriageontheendofthesemester.Respondentwasa
    virginbeforeshewasforcedtolivewithpetitioner.Aweekbeforeshefiledhercomplaintallegingthatpetitionermaltreatedandassaulted
    herandaskednottolivewithhimanymoreand;thepetitionerisalreadymarriedtosomeonelivinginBacolodCity.
    Onthepetitionerscounterclaim,hesaidthatheneverproposedmarriagewiththeprivaterespondent;heneitherforcedhertolivewithhim
    andhedidnotmaltreatherbutonlytoldhertostopfromcomingintohisapartmentbecausehediscoveredthatshehaddeceivedhimby
    stealinghismoneyandpassport.Heinsistedthathemustbeawardedfordamagesforhesufferedmentalanxietyandabesmirched
    reputationduetothecomplaintoftheprivaterespondent.
    ThecasewasfiledintheRTCofPangasinan,andthedecisionwasheldinfavoroftherespondent.However,thepetitionerclaimedthatthe
    judgmentoftheRTCwasanerror,fortheclaimsoftherespondentarenottrue,andthathedidnotknowaboutthecustomoftheFilipinos;
    hisactswereinaccordanceofhiscustom.ThedecisionoftheRTCwasaffirmedintotobytheCourtofAppeals.Hence,thepetitionerfiled
    anappealtotheSupremeCourt.
    ISSUE:Whetherornotthepetitioneristobeheldliablefordamagesforbreachofpromisetomarry.
    RULING: Abreachofpromisetomarryperseisnotanactionablewrong.However,whereamanspromisetomarryisinfactthe
    proximatecauseoftheacceptanceofhislovebyawomanandhisrepresentationtofulfillthatpromisethereafterbecomestheproximate
    causeofthegivingofherselfinasexualcongress,butinrealityhehadnointentionofmarryingherandthatthepromisewasonlyasubtle
    schemeordeceptivedevicetoenticeorinveiglehertoaccepthimandtoobtainherconsenttothesexualact,couldjustifytheawardof
    damagespursuanttoArticle21notbecauseofsuchpromisetomarrybutbecauseoffraudanddeceitandthewillfulinjurytoherhonor
    andreputationwhichfollowedthereafter.Suchactdonebythepetitioneriscontrarytomorals,goodcustomsorpublicpolicy.
    Petitionerevencommitteddeplorableactsindisregardofthelawsofthecountry.Thecourtorderedthatthepetitionbedeniedwithcosts
    againstthepetitioner.

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