7/22/2019 Anaya vs Palaroan Digest

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Anaya vs. Palaroan (Art.45-46)

Facts:Fernando and Aurora were married on Dec.4, 1953. After a year, he filedan action for annulment of the marriage on the ground that his consentwas obtained through force and intimidation. The court of first instance ofmanila denied the petition and allowed Aurora to file her counterclaim.

Aurora stated that several months prior to their marriage, Fernando hadpre-marital relationship with a close relative of his.

Issue: whether or not the non-disclosure to a wife by her husband of hispre-marital relationship with another woman is a ground for annulment ofmarriage.

Held:

The SC ruling that it is not. In accorandace with art.85 of the civil code.Non-disclosure of a husband's pre-marital relationship with another womanis not one of the enumerated instances that would constitute a ground for

Annulment and it is further excluded by the last par. Providing that no othermisrepresentation or deceit as to....chastity shall give ground for an actionto annul marriage