Case Digest (G.R. No. 47101)
Facts:
In Buccat v. Mangonon, G.R. No. 47101, decided on April 25, 1941 under the 1935 Constitution, the appellant Godofredo Buccat filed a petition on March 20, 1939 in the Court of First Instance of Baguio seeking annulment of his marriage to Luida Mangonon de Buccat, solemnized on November 26, 1938 at the Baguio Cathedral. Buccat alleged he was induced to marry because Mangonon misrepresented herself as a virgin. The respondent failed to appear despite due notice. At trial, Buccat presented evidence showing that he met Mangonon in March 1938, became engaged on September 19, 1938, and cohabited for eighty-nine days until Mangonon gave birth on February 23, 1939 to a nine-month-old child. The lower court, after admitting appellant’s proofs, ruled against him, finding the fraud allegation unsubstantiated. Buccat then appealed to the Supreme Court, presenting only a legal quesCase Digest (G.R. No. 47101)
Facts:
- Procedural history
- On March 20, 1939, Godofredo Buccat filed a petition for annulment of marriage against Luida Mangonon de Buccat.
- The defendant was duly served but did not appear; the Court of First Instance of Baguio proceeded ex parte.
- The lower court ruled in favor of the defendant; the plaintiff appealed.
- Marriage and subsequent events
- The parties met in March 1938 and became engaged on September 19, 1938.
- They contracted marriage on November 26, 1938, at the Baguio Catholic Cathedral.
- After 89 days of marital cohabitation, the defendant gave birth to a nine-month-old child on February 23, 1939.
- The plaintiff thereupon abandoned the defendant and ceased all conjugal relations.
Issues:
- Whether the plaintiff’s consent to marriage was vitiated by fraud, based on the defendant’s alleged misrepresentation of virginity.
- Whether the evidence presented satisfies the clear and convincing standard required to annul a marriage for fraud.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)