Anaya vs. Palaroan
G.R. No. L-27930, November 26, 1970
Facts: On 7 January 1954, after one month of marriage to Aurora Anaya, Fernando Palaroan filed a complaint to annul it on the ground that his consent was obtained through force and intimidation. The court dismissed the complaint and granted Aurora's counterclaim. While the amount of the counterclaim was being negotiated, Fernando allegedly divulged that several months prior to the marriage, he had pre-marital relationships with a close relative of his. Anaya filed suit to annul the marriage and to recover moral damages.
Fernando denied having had pre-marital relationship with a close relative and having committed any fraud against Aurora. He did not pray for the dismissal of the complaint but for its dismissal "with respect to the alleged moral damages." Aurora replied stating that Fernando had no intention of performing his marital duties and obligations since the marriage was contracted as a means for him to escape marrying the close relative that was intimated above. The trial court dismissed the complaint, holding that Aurora's allegation of the fraud was legally insufficient to invalidate her marriage. Aurora appealed.
Issue: Is non-disclosure to a wife by her husband of his pre-marital relationship with another woman a ground for annulment of marriage?
Held: No. Non-disclosure of a husband's pre-marital relationship with another woman is not one of the enumerated circumstances that would constitute a ground for annulment; and it is further excluded by the last paragraph of the article, providing that "no other misrepresentation or deceit as to ... chastity" shall give ground for an action to annul a marriage. While a woman may detest such non-disclosure of premarital lewdness or feel having been thereby cheated into giving her consent to the marriage, nevertheless the law does not assuage her grief after her consent was solemnly given, for upon marriage she entered into an institution in which society, and not herself alone, is interested. The lawmaker's intent being plain, the Court's duty is to give effect to the same, whether it agrees with the rule or not.
