Villanueva vs CA

G.R. No. 132955

October 27, 2006

Facts:
In April 1988, Orly married Lilia before a trial court judge in Puerto Princesa. In
November 1992, Orly filed to annul the marriage. He claimed that threats of violence and duress
forced him to marry Lilia. He said that he had been receiving phone calls threatening him and
that Lilia even hired the service of a certain Ka Celso, a member of the NPA, to threaten him.
Orly also said he was defrauded by Lilia by claiming that she was pregnant hence he married her
but he now raises that he never impregnated Lilia prior to the marriage. Lilia on the other hand
denied Orly’s allegations and she said that Orly freely cohabited with her after the marriage and
she showed 14 letters that shows Orly’s affection and care towards her.

Issue:
Whether duress and fraud is attendant in the case at bar

Held:
The SC ruled that Orly’s allegation of fraud and intimidation is untenable.

On its face, it is obvious that Orly is only seeking to annul his marriage with Lilia so as to
have the pending appealed bigamy case [filed against him by Lilia] to be dismissed. On the
merits of the case, Orly’s allegation of fear was not concretely established. He was not able to
prove that there was a reasonable and well-grounded reason for fear to be created in his mind by
the alleged intimidation being done against him by Lilia and her party. Orly is a security guard
who is well abreast with self-defense and that the threat he so described done against him is not
sufficient enough to vitiate him from freely marrying Lilia. Fraud cannot be raised as a ground as
well. His allegation that he never had an erection during their sexual intercourse is incredible and
is an outright lie. Also, there is a prolonged inaction on the part of Orly to attack the marriage. It
took him 4 and half years to file an action which brings merit to Lilia’s contention that Orly
freely cohabited with her after the marriage.