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COMPLAINT
THE PARTIES
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
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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
1
Report of the Code Commission, pp. 40-41.
2
Report of the Code Commission, p. 39.
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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”)
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.
16. Upon learning of the call off wedding, Basha went back to
Popoy in order to fix everything between them.
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”)
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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.
3
Wassmer vs. Velez 12 SCRA 648, December 26, 1964
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to marry but because of the fraud and deceit behind it and the willful
injury to her honor and reputation which followed thereafter.4
RELIEF SOUGHT
4
Gashem Shookat Baksh vs. Court of Appeals 219 SCRA 115 , February 19, 1993
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Plaintiff likewise prays for such other and further relief or reliefs
as this Honorable Court may deem just and equitable in the premises.
By:
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VERIFICATION AND CERTIFICATE OF NON-FORUM
SHOPPING
Basha
Basha
Affiant
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“ANNEX A”
OFFICIAL RECEIPT
NO. 18826
PARTICULARS AMOUNT
Caroline R. Carag
Receiver: Caroline R. Carag
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“ANNEX B”
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“ANNEX C”
MEDICAL CERTIFICATE
March 30, 2019
Procedures:
Belma M. Barrientos
BELMA M. BARRIENTOS, MD, MHA
Chief of Hospital
License No. 060939
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“ANNEX D”
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