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525
1. Violence or intimidation
a. Concept.There is violence when in order7 to wrest
consent, serious or irresistible force is employed. There
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8 Manresa 663.
lbid.
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People v. Belen, CA-G.R. No. 150-R, May 29, 1947; 45 O.G. No. 4,
Supp. 88; See also Maitim v. Evangelista, CA-G.R. No. 295-R, Jan. 12,
1948, 45 O.G. 2135.
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527
a.
Circumstances
constituting
fraud.Only
the
circumstances enumerated in Article 86 of the new Civil
Code constitute the kind of fraud 20acceptable as legal
ground for annulment of marriage. The enumeration
under this law is exclusive and no other ground
may
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constitute f raud for the annulment of marriage. This is
clear from the provision: "No other misrepresentation or
deceit as to character, rank, fortune, or chastity shall
constitute such fraud as will give grounds for action for
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raud
referred
to
in
number
of
the
preceding
article:
(1)
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Capistrano, Civil Code Annotated, 1950 ed., Vol. 1, p. 99, citing Art.
1344, N.C.C.
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529
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8 Nawasa 660-661.
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530
annulment.
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during the lifetime of the first spouse of such person with any person
other than such first spouse shall be illegal and void from its
performance, unless: (1) the first marriage was annulled or dissolved; or
(2) the first spouse had been absent for seven consecutive years at the
time of the second marriage without the spouse present having news of
the absentee being alive, or if the absentee, though he has been absent
for less than seven years, is generally considered as dead and believed to
be so by the spouse present at the time of contracting such subsequent
marriage, or if the absentee is presumed dead according to articles 390
and 391. The marriage so contracted shall be valid in any of the three
cases until declared null and void by a competent court."
44
Art. 83, No. 1; People v. Subano, L-48143, Sept. 30, 1942, 73 Phil.
532
Art. 85, No. 2, N.C.C.; People v. Mendoza, L-5877, Sept. 28, 1954;
Cortez v. Brownell, L-7554, Aug. 31, 1955; People v. Baluya, CA-G.R. No.
16762-R, Aug. 26, 1958.
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The period of absence may be less than seven years if the absentee
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Jocso n v s. Rob
III. Cohabitation and Acts of Ratification
a. Concept
of
cohabitation.Cohabitation
is
something more than merely living together
voluntarily in the same house or even occupying the
same bed, but is the living together of the parties as
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husband and wife, and including sexual relations.
Neither law nor jurisprudence fixes a definite
period for an effective cohabitation; hence, in such
case, the environmental
facts of each must be
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considered.
b. Effects of cohabitation.A man who is forced into a
marriage against his will would not, even after the
threat or violence has disappeared, ordinarily have
carnal knowledge with the woman whom he
married under such condition. His natural reaction,
even after the violent circumstance, would be to
avoid the evil of going through a loveless marriage.
And, if inspite of the coercion and his lack of
consent thereto, he took advantage of a husband's
privilege by having carnal knowledge with her, it
must be because either (a) the force was in reality a
Ibid.
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56
Art. 85, pars. 4 & 5, N.C.C.; Menciano v. San Jose, L1967, May 28,
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R, Dec. 27, 1949; Sec. 5(bb), Rule 131, Rev. Rules of Court; Que Quay v.
Collector of Customs, 33 Phil. 128.
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535
not
constituting
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536
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San Gabriel v. San Gabriel, CA-G.R. No. 23729-R, Nov. 27, 1959.
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70
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San Gabriel v. San Gabriel, CA-G.R. No. 23727-R, Nov. 27, 1959.
537
537
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