GASHEM SHOOKAT BAKSH, petitioner

v. COURT OF APPEALS and MARILOU GONZALES, respondents

G.R. No. 97336 February 19, 1993

FACTS:
Marilou Gonzales is a 21-year old waitress who hails from Bugallon, Pangasinan, who met Gashem Shookat Baksh,
a 29-year old Iranian medical exchange student at a university in Dagupan City. The latter courted and proposed to
marry Gonzales at the end of the semester. Baksh was then introduced to the Gonzales’ to secure their approval of
the marriage. The latter’s family was so supportive that they already started making preparations for the wedding by
inviting friends and relatives to come over, and even hunting for pig and chicken for the occasion.
As days passed by, Baksh’s attitude towards Gonzales started to change. He started to maltreat her through tying her
hands and feet while he went to school, gave her medicine at 4 o’clock in the morning that made her sleep the whole
day and night until the following day, and he even threatened to kill her. Baksh eventually repudiated their marriage
agreement and defended that he is already married to someone from Bacolod City.
Gonzales then filed charges against Baksh. During the trial, the latter insisted that he never proposed marriage to
Gonzales and that he should not be liable for violating Filipino customs and tradition due to the fact that he is a citizen
of other state, and that he is not acquainted to our country’s customs and traditions.

ISSUE:
Whether or not the Court of Appeals accurately ruled the case.

RULING:

Yes, the CA is correct. Baksh is liable for damages because of the fraud he has violated under Article 21 of the Civil
Code. During the trial, it was found out that Gonzales was not a woman of loose morals or questionable virtue who
readily submits to sexual advances, and a barrio lass not used and accustomed to the trend of modern urban life.
Thus, certainly would not have allowed herself to be deflowered by the defendant if there was no persuasive promise
of marriage made by the defendant.
Lastly, Baksh is held liable for the damages incurred under Article 21 of the Civil Code which states that, “Any person
who willfully causes loss or injury to another in a matter of that is contrary to morals, good customs or public policy
shall compensate the latter for the damages.” In this case, Baksh disregarded the customs and traditions of the
Filipinos when in contrary, he should have respected our morals and public policy because he is benefiting from the
act of being able to study here.