Republic of the Philippines

REGIONAL TRIAL COURT

Branch _____
Tuguegarao City

BASHA,
Plaintiff,
Civil Case No. ___________
- versus -
For: Damages
POPOY,
Defendant.
x-----------------x

COMPLAINT FOR DAMAGES

I, BASHA, of legal age, a Filipino citizen, and a resident of Larion

Alto, after having been sworn in accordance with law, hereby depose
and humbly state that:

PARTIES
PLAINTIFF:
(1) Basha files this case as having suffered injury from
defendant’s breach of his promise to marry her. She may be served
with processes by this Honorable Court at Larion Alto, Cagayan
(certified true copies of: Marriage License and Certification of
Attendance in the Pre-Cana Seminar or Marriage Preparation Program
are hereto attached as Annexes “A and B,” respectively and made
integral part hereof).

DEFENDANT:
(2) Popoy, of legal age, a Filipino citizen, fiancé to Basha who
failed to fulfill his promise to marry her, and a resident of Larion Alto
where he can be served with summons and other processes of this
Honorable Court.

Page 1 of 8
 PREFATORY STATEMENT
… mere breach of promise to marry is not an actionable wrong.
But to formally set a wedding and go through all the above-described
preparation and publicity, only to walk out of it when the matrimony is
about to be solemnized, is quite different. This is palpably and
unjustifiably contrary to good customs for which defendant must be
held answerable in damages in accordance with Article 21…1

PRELIMINARY STATEMENT
(3) The plaintiff reserves all available remedies under the New
Civil Code, Law on Torts and Damages, and other relevant laws to
prosecute the defendant and to bring to the plaintiff proper justice.

STATEMENT OF THE FACTS

(4) The plaintiff and defendant were childhood neighbors (an
original copy of Certifications from Larion Alto Barangay Captain of
Permanent Residency of plaintiff and defendant are hereto attached
as Annexes “C and D,” respectively and made integral part hereof).
(5) Plaintiff had plastic surgeries done in 2000, all for valid
medical reasons: to correct a chin defect to allow her to chew normally;
to align a crooked nose; to reconstruct breasts to gain confidence from
having lost it for having had a complete mastectomy due to a cancer
scare in 1999; and to correct a skin illness which resulted to lighter skin
tone (a certified true copy of plaintiff’s Medical Certificate, reflecting
the surgeries done is hereto attached as Annex “E” and made integral
part hereof).
(6) The defendant is a devout practitioner of a religion that has
an absolute prohibition on plastic surgery (a certified true copy of
defendant’s Birth Certificate, reflecting his religion is hereto attached
as Annex “F” and made integral part hereof).
(7) The plaintiff and defendant engaged in sexual intercourse
in 2010, where the defendant claimed to have found out that plaintiff
had breast surgery, but had no reaction to the discovery. As a result of
the intimacy, defendant proposed and plaintiff accepted (a certified true
copy of plaintiff’s Medical Certificate of her physical exam reflecting
loss of virginity is hereto attached as Annex “G” and made integral part
hereof).
(8) The wedding was set for December 12, 2012 at 14:00
which defendant did not attend (a certified true copy of their

1
Wassmer vs. Velez, G.R. No. L-20089, December 26, 1964

Page 2 of 8
Ecclesiastical/Wedding Banns and Permit is hereto attached as Annex
“H” and made integral part hereof).
(9) In preparation for the wedding, invitations were sent out to
the whole of Larion Alto and a catering service for Php 50, 000.00 was
hired and paid for by plaintiff’s parents (an original copy of the Official
Receipt of catering service payment is hereto attached as Annex “I”
and made integral part hereof).
(10) On December 11, 2012 at 23:30, the defendant and
plaintiff had a fight due to the fact that defendant learned of plaintiff’s
plastic surgeries to her nose, chin, and skin. The defendant only drank
1 bottle of Johnny Walker Black before leaving, since he had a high
tolerance for alcohol anyway (a certified true copy of Toxicology Report
for defendant’s ingested alcohol levels is hereto attached as Annex “J”
and made integral part hereof).
(11) On December 12, 2012 at 01:00, the defendant’s car
collided with a Florida Bus bound for Manila in Buntun which only
resulted to minimal dents to defendant’s car (a certified true copy of
Police Report of the accident is hereto attached as Annex “K” and
made integral part hereof).
(12) The defendant only sustained minor head injuries as a
result of the accident and was supposedly diagnosed with amnesia (a
certified true copy of Medical Report of the defendant is hereto
attached as Annex “L” and made integral part hereof).
(13) The plaintiff suffered from depression and emotional
trauma due to the failed wedding, and on learning of defendant’s
accident and subsequent alleged amnesia (a certified true copy of
Medical Report of plaintiff’s condition is hereto attached as Annex “M”
and made integral part hereof).
(14) In March 2014, Dr. Dencio, defendant’s physician admits
that defendant never had amnesia (a certified true copy of Medical
Report of the defendant having no amnesia is hereto attached as
Annex “N” and made integral part hereof).

CAUSE OF ACTION
The plaintiff suffered injury from the
defendant’s breach of promise of marriage and
seeks compensation.
(15) The existing rule is that a breach of promise to marry per
se is not an actionable wrong.2 However, there is a limit to the latitude
accorded acts not contrary to law, for Article 21 of the New Civil Code
provides that "any person who wilfully causes loss or injury to another

2
Baksh vs. CA, G.R. No. 97336, February 19, 1993

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in a manner that is contrary to morals, good customs or public policy
shall compensate the latter for the damage.”3
(16) Defendant’s non-appearance to his and plaintiff’s wedding
set for December 12, 2012 is a breach of his promise to marry her
which caused her injury in the form of depression and emotional
trauma and be subjected to public humiliation from the resulting failed
wedding.
(17) ….if the breach is accompanied by circumstances which
constitute an infringement of Art. 21, then damages, both actual and
moral, may be recovered.4

The plaintiff incurred expenses from the

wedding preparations.
(18) In Baksh vs. CA,5 the Court held that actual damages may
be recovered from expenses from the wedding preparations.
(19) The plaintiff’s parents paid for catering services amounting
to Php 50, 000.00.

The defendant had no real intention to

marry the plaintiff and employed fraudulent
acts to avoid the marriage.
(20) As to moral damages, the breach must be attended by the
qualifying circumstance of abuse of authority or influence; or moral
seduction; or deceit or fraud characterized by wilfulness, to be
availing.6
(21) Fraud consists of some deceitful practice or wilful device,
resorted to with intent to deprive another of his right, or in some manner
to do him an injury. As distinguished from negligence, it is always
positive and intentional.7
(22) The defendant’s prior knowledge of plaintiff’s plastic
surgeries and still proposing marriage despite such knowledge even
with his religion’s absolute prohibition on plastic surgeries, and the
many acts that defendant employed to circumvent marriage to plaintiff,
would constitute wilful deceit or fraud.
(23) With regard to prior knowledge, the defendant and plaintiff
being childhood neighbors coupled with the common behavior of close-

3
Wassmer vs. Velez, G.R. No. L-20089, December 26, 1964
4
Intentional Torts in Philippine Law by Justice Antonio Carpio, Philippine Law Journal, Volume 47 No. 5
5
G.R. No. 97336, February 19, 1993
6
Natividad vs. Tunac, G.R. No. 143130, July 10, 2000 citing Baksh vs. CA, G.R. No. 97336, February 19,
1993
7
Black’s Legal Dictionary

Page 4 of 8
knit neighbourhoods on news and rumors, in relation to the nature of
plaintiff’s surgeries; it may be inferred that defendant already knew of
plaintiff’s many surgeries as early as 2000 when the surgeries were
performed.
(24) The defendant then became aware of plaintiff’s breast
surgery when they had sexual intercourse in 2010, two years before
the fight on December 11, 2012.
(25) The acts or circumstances that would clearly establish that
defendant actively employed means to avoid the marriage are:
(a) Since the defendant had a high tolerance for alcohol,
the possibility of him being involved in a car accident is low;
(b) The defendant’s car only showed minimal damage
from the collision with one Florida Bus Lines;
(c) The injuries that he sustained were also only minor
head injuries; and
(d) The defendant’s physician’s admission of a
misdiagnosed amnesia in 2014 would lead to an inference that
the defendant was posing as an amnesiac.
(26) Article 2219 of the New Civil Code also provides for
recovery of moral damages in cases falling under Article 21.8

The defendant behaved in a clearly

fraudulent manner in employing acts to effect
the breach.
(27) In Wassmer vs. Velez,9 the Court held that if under the
circumstances of the case, defendant clearly acted in a wanton,
fraudulent, reckless, oppressive, or malevolent manner as provided
under Article 2232 of the New Civil Code, then an award of exemplary
damages is proper.
(28) The deceitful acts that the defendant engaged in, as
previously established, constitute the fraudulent manner eschewed
under Article 2232.

The defendant’s breach of promise of

marriage deprived plaintiff of opportunity for
family life and home.
(29) In American jurisdiction, claims for damages in breach of
promise include loss of non-pecuniary things such as: a permanent
home, an advantageous establishment, and a condition of life. It is in
8
Intentional Torts in Philippine Law by Justice Antonio Carpio, Philippine Law Journal, Volume 47 No. 5
9
G.R. No. L-20089, December 26, 1964

Page 5 of 8
fact compensation for the loss of a greater opportunity for enjoying
life.10
(30) With defendant’s breach, plaintiff has lost the opportunity
for establishing a happy and permanent family life and home, as well
as having a life partner to enjoy life with.

RELIEFS SOUGHT
All premises considered, it is respectfully prayed for that this
Honorable Court, after due notice and hearing, shall render judgment
in favour of herein plaintiff and against defendant, by ordering the
defendant to pay to plaintiff the sum of:
(a) Php 50, 000.00 as actual damages;
(b) Php 100, 000.00 as moral damages;
(c) Php 50, 000.00 as exemplary damages;
(d) Php 50, 000.00 as nominal damages;
(e) Php 100, 000.00 as attorney’s fees;
(f) Php 10, 000.00 as appearance fee per scheduled hearing;
(g) Litigation expenses to be proven during trial and costs of
the suit;
And such other reliefs that are just and equitable under these
premises are likewise prayed for.

Respectfully submitted.
Tuguegarao City, 15 May 2019.

ATTY. REDEN B. JAURIGUE

Counsel for the Plaintiff
#719 Maharlika Highway, Carig Sur
Tuguegarao City, Cagayan
ROLL NO.: 71798
IBP NO.: 900998698/01-05-2019
PTR NO.: 9876543478001/12-01-2018/
Tuguegarao City
MCLE COMPLIANCE: NEWLY
ADMITTED TO THE BAR
MOBILE NO.: 09177776498

10
Law on Damages as Applied to Breach of Promise of Marriage by Theodore W. Cousens, Cornell Law
Review, Volume 17, Issue 3, April 1932

Page 6 of 8
 Copy Furnished:

ATTY. MAKAULAW
Counsel For The plaintiff
CSU Andrews Campus
Tuguegarao City

Explanation
Copy of this foregoing ANSWER was served to the plaintiff’s
counsel by registered mail due to time and distance constraint and
for the lack of the undersigned’s staff who can serve the same in
person.
VERIFICATION AND CERTIFICATION OF NON – FORUM
SHOPPING

REPUBLIC OF THE PHILIPPINES)

Province of _______Cagayan_____________) S.S.
City/Municipality of ____Puontisaba_________)
x-----------------------x

I, __Chim Panzee___________, of legal age, Filipino, married,

and a resident of ______Diaybakir_______, Philippines, after being
sworn in accordance with law, hereby depose and say:

That I am the Defendant in the above-entitled case; That I have

caused the preparation of the above answer and I have read the same
and knows the contents thereof; That the allegations contained therein
are true and correct of my own personal knowledge.

That I further certify that: (a) I have not theretofore commenced

any other action or proceeding or filed any claim involving the same
issues or matter in any court, tribunal, or quasi-judicial agency and, to
the best of my knowledge, no such action or proceeding is pending
therein; (c) if I should thereafter learn that the same or similar action or
proceeding has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other tribunal or quasi-judicial agency, I
undertake to report such fact within five (5) days therefrom to the court
or agency wherein the original pleading and sworn certification
contemplated herein have been filed.
IN WITNESS WHEREOF, I have hereunto set my hand this
_______23RD of September___2018___ at ___Puotisaba__________,
Philippines.

Chim Panzee
affiant

Page 7 of 8
 SUBSCRIBED AND SWORN to before me, this _____23rd of
September 2018________, by ______Chim Pamzee_______ who
exhibited to me his Community Tax Certificate No.
____8976874634_________ issued at ___ Diaybakir__________,
Philippines.

Atty. Mon Key B. Usiness

Notary Public
Until December 31, 2019
Ptr no. 987860246/01-02-
2003/ Puotisaba
Roll no. 98767/11-12-1999/
Adusunngo

Doc. Nos. __7____;

Page Nos. _7_____;
Book No. ___7___;
Series of __2018____;

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