Republic of the Philippines

REGIONAL TRIAL COURT

Second Judicial Region
Tuguegarao City
Branch 3

BASHA Civil Case No. 2019-05-0326

Plaintiff,
FOR: Recovery of Moral
-versus- Damages based on
Article 21 of NCC, Actual
Damages and Attorney’s
Fees
POPOY
Defendants.
x---------------------------------------
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COMPLAINT

COMES NOW, Plaintiff Basha. and the undersigned counsel

unto this Honorable Court most respectfully files this Complaint by
averring THAT:

THE PARTIES

1. Plaintiff, BASHA, is of legal age, a Filipino citizen, resident

of Larion Alto, Tuguegarao City where she may be served with
summons, papers and other process of this Honorable Court.

2. Defendant, POPOY, is of legal age, a Filipino citizen,

resident of Larion Alto, Tuguegarao City where he may be served with
summons, papers and other process of this Honorable Court.

PREFATORY STATEMENT
In justifying the inclusion in the New Civil Code of certain norms
of conduct based on morals, the Code Commission anchored its
argument on the premise that every good law draws its breath of life
from morals, from those principles which are written with words of fire
in the conscience of man. Thus, as further stated by the Code

Page | 1 Complaint
Commission, when it is reflected that while codes of law and statutes
have changed from age to age, the conscience of man has remained
fixed to its ancient moorings, one cannot but feel that it is safe and
salutary to transmute, as far as may be, moral norms into legal rules,
thus imparting to every legal system that enduring quality which ought
to be one of its superlative attributes.1 Appropriately, these guides for
human conduct should run as golden threads through society, to the
end that law may approach its supreme ideal, which is the sway and
dominance of justice.2

STATEMENT OF FACTS

3. Plaintiff and defendant are neighbors and were in a

relationship for seven (7) years since 2013 when they are still both in
college.

4. On 2010, Popoy proposed to Basha, and was accepted by

Basha due to the fact that she already gave up her virginity to Popoy.

5. They both chose December 12, 2012, at 2 pm to be the

date when they would swear before the church were Popoy is a
member and the community, and show everyone their undying love.

6. All invitations were sent our, every resident of Larion Alto

were invited. Catering services were paid for P50,000.00. (See
attached receipt for catering services paid as “Annex A” and a sample
of the wedding invitations as Annex “B”)

7. On Dec. 11, 2012 at around 11:30 pm, Popoy had a fight

with Basha upon learning that Basha had plastic surgery.

8. The surgery was a done in 2000 as corrective procedure

and for medical purposes only. (See attached medical certificate for
the surgeries done as “Annex C”)

9. After the fight, Popoy drank 1 bottle of Johnny Walker Black

at Enrile. Having a high tolerance to alcohol, Popoy drove off.

10. Popoy had a vehicular accident with head injuries due to a

collision of his car with Florida Bus Line at Buntun Bridge on Dec. 12,

1
Report of the Code Commission, pp. 40-41.
2
Report of the Code Commission, p. 39.

Page | 2 Complaint
2012 at around 1 am, eve of the wedding. However, according to police
report the car is not damaged seriously, only minimal bumps.
(See attached photos of Popoy’s car condition after the accident as
“Annex D”)

11. Popoy did not show up on said date.

12. On December 13, 2012, a day after the schedule of the

wedding, Basha learned that the accident.

13. Allegedly Popoy had amnesia as a result of his head

injuries.

14. On January 2013, Popoy met and fell in love with Jenny.
After just two month in relationship, Popoy proposed and Jenny
accepted the marriage proposal.

15. However on June 2013, Wedding Day, Popoy recovered

from the alleged Amnesia and did not attend the wedding AGAIN. (See
attached Affidavit of Jenny as “Annex E”)

16. Upon learning of the call off wedding, Basha went back to
Popoy in order to fix everything between them.

17. Basha signifies her intention to forgive Popoy and forget

everything by saying “Tayo na lang ulit” while crying. However, Popoy
refused.

18. On March, 2014, Dr. Dencio admits that Popoy never had
amnesia. It was a result of his misdiagnosis which strengthen the belief
that Popoy is using Amnesia as scapegoat. (See attached Affidavit of
Dr. Dencio as “Annex F”)

19. Dr. Dencio was not licensed when he first diagnosed

Popoy with Amnesia and not yet graduated from his
residency/specialization. (See attached certification from Dr. Dencio’s
Medical School as “Annex G”)

Page | 3 Complaint
 CAUSE OF ACTION
Moral and exemplary damages may be
awarded in an actionable breach of promise suit
20. To formally set a wedding and go through all the necessary
preparations and publicity, only to walk out of it when the matrimony is
about to be solemnized is palpably and unjustifiably contrary to good
customs, for which the erring promissor must be held answerable in
damages in accordance with Article 21 of the New Civil Code.

21. When a breach of promise to marry is actionable under

Article 21 of the Civil Code, moral damages may be awarded under
Article 2219(10) of the said Code. Exemplary damages may also be
awarded under Article 2232 of said Code where it is proven that the
defendant clearly acted in a wanton, reckless and oppressive manner.

22. Accordingly, where after preparations for a wedding

whereby invitations were printed and distributed to relatives, dresses
for the bride-to-be, the maid of honor and flower girls were prepared,
showers were given, gifts were received and the marriage license was
issued, the groom-to be left for his home city in Mindanao two days
before the wedding, leaving a note requesting for postponement of the
wedding because of his mother's objection, although he made
assurances that he would be returning soon, and he never returned
nor was he ever heard from again, the Supreme Court in awarding
damages in favor of the bride to-be remarked that the situation was not
a mere breach of promise to marry.3

Damages pursuant to Article 21 may be

awarded not because of promise to marry
but because of fraud and deceit behind it

23. That where a man's promise to marry is in fact the

proximate cause of the acceptance of his love by a woman and his
representation to fulfill that promise thereafter becomes the proximate
cause of the giving of herself unto him in a sexual congress, proof that
he had, in reality, no intention of marrying her and that the promise was
only a subtle scheme or deceptive device to entice or inveigle her to
accept him and to obtain her consent to the sexual act, could justify the
award of damages pursuant to Article 21 not because of such promise

3
Wassmer vs. Velez 12 SCRA 648, December 26, 1964

Page | 4 Complaint
to marry but because of the fraud and deceit behind it and the willful
injury to her honor and reputation which followed thereafter.4

24. Unquestionably, the defendant have committed fraud and

deceit and willfully injured the honor and reputation of the plaintiff
hence should be awarded damages, pursuant to Article 21 of the
Civil Code, to wit:

Article 21. Any person who wilfully causes loss or

injury to another in a manner that is contrary to
morals, good customs or public policy shall
compensate the latter for the damage. (emphasis
supplied)

25. Aggrieved, Basha was constrained to engage the services

of counsel to whom it obligated itself to pay as Attorney's Fees the
amount equivalent to TWENTY FIVE PERCENT (25%) of the total
amount to be adjudged in favor of plaintiffs, and the costs of this suit.

RELIEF SOUGHT

WHEREFORE, PREMISES CONSIDERED, it is respectfully

sought for that this Honorable Court, after due notice and hearing, to
adjudge defendant Popoy to pay the plaintiff the following:

1. Three Hundred Thousand Philippine Currency (Php 300,000.00)

for besmirched reputation, mental anguish, moral shock,
wounded feelings, social humiliation and serious anxiety brought
about by the cancellation of the wedding;

2. Fifty Thousand (Php 50,000) Philippine Currency representing

payment made for the catering services for the supposed
wedding reception;

3. One Hundred Thousand Philippine Currency (Php 100,000.00)

for exemplary damages;

4. Sixty Thousand Philippine Currency (Php 60,000.00) as cost of

suit and attorney’s fees.

4
Gashem Shookat Baksh vs. Court of Appeals 219 SCRA 115 , February 19, 1993

Page | 5 Complaint
 Plaintiff likewise prays for such other and further relief or reliefs
as this Honorable Court may deem just and equitable in the premises.

For the Plaintiff, BASHA

By:

Atty. Jay-ar Q. Duruin

ATTY. JAY-AR Q. DURUIN, RN
Counsel for the Plaintiff, Set B
Roll No. 1507305
PTR No. 123456; 11-09-2023
IBP Life Member Roll 445789
MCLE Compliance No. III-897656; 01-10-2022
Issued at Tuguegarao City

Page | 6 Complaint
 VERIFICATION AND CERTIFICATE OF NON-FORUM
SHOPPING

I, BASHA, after having been sworn to in accordance with law

hereby depose and say THAT:

1. I am the plaintiff in the above-stated case;

2. I have caused the preparation and filing of the foregoing

complaint, that I have read the allegations therein, and that they
are true and correct of my own personal knowledge and belief
and based on authentic documents;

3. Other than the foregoing complaint, I have not commenced

any other action or proceeding involving the same issue before
the Supreme Court or Court of Appeals or any divisions thereof
or before any tribunal or agency and that, to the best of my
knowledge, there is no such action or proceeding pending before
any tribunal;

4. If other than the foregoing complaint, I should learn that a

similar action or proceeding has been filed or is pending in any
tribunal, I will notify this Honorable Court of the same within five
(5) days from such notice

IN WITNESS WHEREOF, I have hereunto set my hand this

March 30, 2019 at Tuguegarao City, Philippines.

Basha
Basha
Affiant

SUBSCRIBED AND SWORN TO before me a Notary Public, for

and in the City of Tuguegarao, the affiant, Basha exhibited to me her
current and unexpired PRC license numbered 05-352158 valid until
May 1, 2022, bearing her photograph and signature as competent
proof of her identity.

Doc No.: 60 JOSE MANUEL I. DIOKNO

Page No.23 Notary Public for Tuguegarao City
Book No.II Notarial Commission No. 123-2012
PTR No. 123456; 01-02-13;T.C.
Series of 2019.
IBP Life Member Roll 12348
MCLE Compliance No. III-123459;
01-10-2012
Issued at Tuguegarao City

Page | 7 Complaint
 “ANNEX A”

NAIMAS CATERING SERVICES

OFFICIAL RECEIPT
NO. 18826

Received From: Bursha, mother of Basha. Date: November 12, 2012

Address: Tuguegarao City

PARTICULARS AMOUNT

WEDDING PLATINUM PACKAGE

(includes catering services for 50 persons, photo coverage on the Php 50,000.00
reception area, standard photo album size with digital copy)

TOTAL PHP 50,000.00

Received Amount: Fifty Thousand Pesos Only (Php 50,000.00)

Remarks: FULLY PAID IN CASH

Caroline R. Carag
Receiver: Caroline R. Carag

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 “ANNEX B”

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 “ANNEX C”

MEDICAL CERTIFICATE
March 30, 2019

TO WHOM IT MAY CONCERN:

This is to certify that BASHA, 24 years old, resident of Larion Alto,

Tuguegarao City, had undergone the following corrective procedure for medical
purposes on May 10, 2010

Procedures:

a) Nose Lift- for her to breathe easily

b) Chin Lift- for her to chew easily; she had a birth defect as a young child
c) Breast enhancement- she had a cancer scar in 1999 which resulted to both
her breasts removed.
d) Skin color Whitening- she had a skin condition and she underwent
surgery to cure it

This certification is issued for whatever purpose it may serve.

Belma M. Barrientos
BELMA M. BARRIENTOS, MD, MHA
Chief of Hospital
License No. 060939

Certificate No: 2019-00-0013

Note: Not Valid Without Official Dry Seal

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 “ANNEX D”

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