Anaya v.

Palaroan | 26 November 1970 | Persons and Family Relations: Effect of Fraud

Anaya v. Palaroan | 26 November 1970

Plaintiff-Appellant: Aurora Anaya

Defendant-Appellee: Fernando Palaroan
Ponente: Reyes, JBL

 Appeal from an order of the Juvenile and Domestic Relations Court

FACTS:
4 December 1953: Aurora and Fernando were married
7 January 1954: Fernando filed for annulment of marriage on the grounds that his consent
was obtained through force and intimidation
23 September 1959: Court of First Instance of Manila dismissed the case, upholding validity
of marriage and granting Aurora’s counterclaim:
- Fernando divulged to Aurora that several months prior to their marriage he had
premarital relationship with a close relative of his
- Non-divulgement wrecked the marriage which was “doomed to fail even before
it had hardly commenced”
- Aurora’s consent was obtained through fraud
- Plaintiff prayed for annulment and moral damages
 Fernando denied having pre-marital relationship with a close relative, and said he
would not live with Aurora as he escaped from her the day after they were married
- Counterclaim for damages for the malicious filing of the suit
 Aurora’s reply to counterclaim:
- Fernando paid court to her since she was the first girl available to marry to avoid
marrying the close relative, since he was being threatened
- Fernando made up his mind to not live with her and not to perform his marital
duties
- Fernando courted a third girl with whom he had children

ISSUE: WON non-disclosure of previous relationship constitute fraud and is a ground for
annulment

HELD: No

RATIO:
 According to Article 85 and 86 of the Civil Code (FC Art. 45 (3) and 46), marriage
may be annulled if the consent of either party was obtained through fraud (Art. 85,
4) or a) misrepresentation of identity, b) nondisclosure of previous conviction
involving moral turpitude, c) concealment of pregnancy from another man (Art. 86).
 No other misrepresentation as to… chastity shall constitute fraud for action of
annulment of marriage (Art. 86)
o Congress intended to confine what constitutes fraud with regards to
annulment of marriage