Jimenez vs Canizares (Article 45-46)

L-12790 | August 31, 1960

J. Padilla

Facts:

Plaintiff Joel Jimenez prays for a decree annulling his marriage to the defendant Remedios
Cañizares contracted before a judge of the municipal court on grounds that the office of her genitals or
vagina was to small to allow the penetration of a male organ or penis for copulation. And such condition
existed at the time of the marriage and continues to exist which resulted why the plaintiff left the
conjugal abode two nights and one day after their marriage.

On 17 December 1956 the Court entered an order requiring the defendant to submit to a
physical examination by a competent lady physician to determine her physical capacity for copulation
and to submit a medical certificate on the result thereof and her failure to undergo medical examination
and submit the required doctor's certificate would be deemed lack of interest on her part in the case
and that judgment upon the evidence presented by her husband would be rendered. The defendant
however refused the examination.

Issue:

Is the wife’s alleged incapacity to consummate the marriage a ground for annulment?

Held:

Yes, according to the Article 45 of the Civil Code, physical incapacity of either party to
consummate the marriage may be annulled. However in the case at bar, with the wife’s refusal to
submit to a examination, the presumption of impotency based on the plaintiff’s testimony is insufficient
to justify the annulment of said marriage.