G.R. No. L-27930, 26 November 1970
Aurora Anaya and Fernando Palaroan were married in 1953. Palaroan filed an action for annulment of the marriage in 1954 on the ground that his consent was obtained through force and intimidation. The complaint was dismissed and upheld the validity of the marriage and granting Aurora’s counterclaim. While the amount of counterclaim was being negotiated, Fernando divulged to her that several months prior to their marriage, he had pre-marital relationship with a close relative of his, according to her, the non-divulgement to her of such pre-marital secret constituted fraud in obtaining her consent. She prayed for the annulment of her marriage with Fernando on such ground.
Whether or not the concealment to a wife by her husband of his pre-marital relationship with another woman is a ground for annulment of marriage.
Article 46 of the Family Code provides that the concealment of a husband’s pre-marital relationship with another woman was not one of those enumerated that would constitute fraud as ground for annulment and it is further excluded by the last paragraph providing that:
“No other misrepresentationor deceit as to, chastity” shall give ground for an action to annul a marriage. Hence, the case at bar does not constitute fraud and therefore would not warrant an annulment of marriage.
* Case digest by Marife G. Guige, LLB-1, Andres Bonifacio Law School, SY 2017-2018