I Almost Do

A woman in Kenya has sued her boyfriend for wasting her time and not marrying her even after being together for eight years.

Gertrude Ngoma sought for relief from a Zambian court, after her partner, Herbert Salaliki, failed to deliver such promise of marriage despite their long-term engagement and having begotten a child.

In his defense, Salaliki contended that he was not in the right financial position to afford a wedding and alleged he was not receiving enough attention from Ngoma. This, despite the fact that he has already handled the dowry payment in accordance with their local customs.

In the Philippines, is a breach of promise to marry an actionable wrong?

The existing rule is in the negative. During the deliberations on the drafting of the New Civil Code, such provision was eliminated as it was deemed subject to abuse by - in the language of the Senate Committee - designing women and unscrupulous men, as reflected in the history of breach of promise suits in the United States and England.

Jurisprudence dictates, however, 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, it could justify the award of damages pursuant to Article 21 of the Civil Code.

This is not because of such promise to marry but because of the fraud and deceit behind it and the willful injury to her honor and reputation which followed thereafter.

It is essential, however, that such injury should have been committed in a manner contrary to morals, good customs or public policy. (Gashem Shookat Baksh vs Hon. Court of Appeals and Marilou T. Gonzales, G.R. No. 97336)