Scribd Logo
Upload

Welcome to Scribd!

  • 644 views

    6 Aquino vs. Delizo Digest

    Uploaded by

    Niq Polido
    1) Fernando Aquino filed for annulment of his marriage to Conchita Delizo on the grounds that she concealed the fact that she was already pregnant by another man at the time of their marriage in December 1954. 2) The court ruled that Conchita's concealment of her pregnancy constituted fraud and was grounds for annulment under Article 46 of the Family Code. 3) The court remanded the case for a new trial, setting aside the lower court's dismissal of the annulment complaint.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    6 Aquino vs. Delizo Digest

    Uploaded by

    Niq Polido
    644 views1 page
    1) Fernando Aquino filed for annulment of his marriage to Conchita Delizo on the grounds that she concealed the fact that she was already pregnant by another man at the time of their marriage in December 1954. 2) The court ruled that Conchita's concealment of her pregnancy constituted fraud and was grounds for annulment under Article 46 of the Family Code. 3) The court remanded the case for a new trial, setting aside the lower court's dismissal of the annulment complaint.

    Original Description:

    Aquino vs. Delizo Digest Persons and Family Relations

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1) Fernando Aquino filed for annulment of his marriage to Conchita Delizo on the grounds that she concealed the fact that she was already pregnant by another man at the time of their marriage in December 1954. 2) The court ruled that Conchita's concealment of her pregnancy constituted fraud and was grounds for annulment under Article 46 of the Family Code. 3) The court remanded the case for a new trial, setting aside the lower court's dismissal of the annulment complaint.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    644 views1 page

    6 Aquino vs. Delizo Digest

    Uploaded by

    Niq Polido
    1) Fernando Aquino filed for annulment of his marriage to Conchita Delizo on the grounds that she concealed the fact that she was already pregnant by another man at the time of their marriage in December 1954. 2) The court ruled that Conchita's concealment of her pregnancy constituted fraud and was grounds for annulment under Article 46 of the Family Code. 3) The court remanded the case for a new trial, setting aside the lower court's dismissal of the annulment complaint.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    Aquino

    vs. Delizo

    Voidable Marriage: Grounds for Annulment (Consent Obtained by Fraud)


    Date: July 27, 1960
    Ponente: Gutierrez David, J.

    SUMMARY:
    Fernando Aquino filed a complaint in September 1955
    on the ground of fraud against Conchita Delizo, alleging
    that at the date of their marriage on December 1954,
    the respondent concealed the fact that she was
    pregnant by another man. Sometime in April 1955
    (about 4 months after their marriage), respondent gave
    birth to a child. During the trial, Provincial Fiscal Jose
    Goco represent the state in the proceedings to prevent
    collusion. Only the petitioner testified and the only
    documentary evidence presented was the marriage
    contract between the parties. Delizo did not appear nor
    presented any evidence. CFI-Rizal dismissed petitioners
    complaint for annulment of marriage, which was
    affirmed by CA thus a petition for certiorari to review
    the decisions.

    ISSUES:
    1. WON concealment of pregnancy as alleged by
    the petitioner constitutes as fraud and is
    sufficient basis for annulment of marriage.

    FACTS:
    1. On December 27, 1954 Fernando Aquino
    (petitioner)
    married
    Conchita
    Delizo
    (respondent).
    2. On said marriage, respondent was already four
    months pregnant, a fact she concealed from the
    petitioner.
    3. In April 1955, the respondent gave birth and a
    complaint was filed on the basis of fraud for the
    annulment of their marriage
    Echiverri | Polido | 30 August 2015

    4. At the trial, only the marriage certificate was


    presented.
    5. Without birth certificate of the child, the court
    dismissed the complaint.
    6. After an appeal of to the COA was denied, a
    petition for certiorari to review was filed.

    HOLDING:
    Since the respondent was naturally plump, the
    petitioner could not have known that the former was
    pregnant at the time of marriage. Based on medical
    opinion, the enlargement of a womans abdomen only
    becomes apparent on the sixth month of pregnancy.
    Evidences presented: Affidavit of Cesar Aquino who
    admitted as father of the respondents first born and the
    petitioners brother, birth cert of the child showing it
    was born within 180 days after date of marriage.


    RULING:
    The court ruled that the concealment of the respondent
    of the fact that she was pregnant at the time of the
    marriage with another man other than her husband
    constitutes fraud and is ground for annulment of
    marriage.


    The court remanded the case for new trial and
    decision complained is set aside.


    1

    Related Provisions:

    Article 46, Family Code
    Any of the following circumstances
    shall constitute fraud referred to in
    Number 3 of the preceeding Article:

    (1) Non-disclosure of a previous
    conviction by final judgment of the
    other party of a crime involving moral
    turpitude;

    (2) Concealment by wife of the fact
    that at the time of the marriage, she
    was pregnant by a man other than her
    husband;

    (3) Concealment of sexual transmissible
    disease; regardless of its nature,
    existing at the time of marriage; or,

    (4) Concealment of drug addiction,
    habitual alcoholism, or homosexuality
    or lesbianism existing at the time of
    marriage

    No other misrepresentation or deceit
    as to character, health, rank, or chastity
    shall constitute such fraud as will
    grounds for action for annulment of
    marriage.

    You might also like