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the court a quo required plaintiff to show cause why her Anaya vs. Palaroan
complaint should not be dismissed. Plaintiff Aurora
submitted a memorandum in compliance therewith, but the The intention of Congress to confine the circumstances that
court found it inadequate and thereby issued an order, can constitute fraud as ground for annulment of marriage
dated 7 October 1966, for the dismissal of the complaint; it to the foregoing three cases may be deduced from the fact
also denied reconsideration. that, of all the causes of nullity enumerated in Article 85,
The main issue is whether or not the non-disclosure to a fraud is the only one given special treatment in a
wife by her husband of his pre-marital relationship with subsequent article within the chapter on void and voidable
another woman is a ground for annulment of marriage. marriages. If its intention were otherwise, Congress would
We must agree with the lower court that it is not. For have stopped at Article 85, for, anyway, fraud in general is
fraud as a vice of consent in marriage, which may be a already mentioned therein as a cause for annulment. But
cause for its annulment, comes under Article 85, No. 4, of Article 86 was also enacted, expressly and specifically
the Civil Code, which provides: dealing with "fraud referred to in number 4 of the
preceding article," and proceeds by enumerating the
"ART. 85. A marriage may be annulled for any of the following specific frauds (misrepresentation as to identity,
causes, existing at the time of the marriage: nondisclosure of a previous conviction, and concealment of
xxxxx xxxxx xxxxx pregnancy), making it clear that Congress intended to
"(4) That the consent of either party was obtained by fraud, exclude all other frauds or deceits. To stress further such
unless such party afterwards, with full knowledge of the facts intention, the enumeration of the specific frauds was
constituting the fraud, freely cohabited with the other as her followed by the interdiction: "No other misrepresentation or
husband or his wife, as the case may be"; deceit as to character, rank, fortune or chastity shall
constitute such fraud as will give grounds for action for the
This fraud, as vice of consent, is limited exclusively by law
annulment of marriage."
to those kinds or species of fraud enumerated in Article 86,
Non-disclosure of a husband's pre-marital relationship
as follows:
with another woman is not one of the enumerated
"ART. 86. Any of the following circumstances shall constitute fraud circumstances that would constitute a ground for
referred to in number 4 of the preceding article: annulment; and it is further excluded by the last
paragraph of the article, providing that "no other
(1) Misrepresentation as to the identity of one of the misrepresentation of deceit as to . . . chastity" shall give
contracting parties; ground for an action to annul a marriage. While a woman
(2) Non-disclosure of the previous conviction of the other party may detest such non-disclosure of premarital lewdness or
of a crime involving moral turpitude, and the penalty feel having been thereby cheated into giving her consent to
imposed was imprisonment for two years or more; the marriage, nevertheless the law does not assuage her
(3) Concealment by the wife of the fact that at the time of the grief after her consent was solemnly given, for upon
marriage, she was pregnant by a man other than her marriage she entered into an institution in which society,
husband. and not herself alone, is interested. The lawmaker's intent
being plain, the Court's duty is to give effect to the same,
"No other misrepresentation or deceit as to character, rank, whether it agrees with the rule or not.
fortune or chastity shall constitute Such fraud as will give grounds But plaintiff-appellant Anaya emphasizes that not only
for action for the annulment of marriage." has she alleged "non-divulgement" (the word chosen by her)
of the pre-marital relationship of her husband with another
102 woman as her cause of action, but that she has,
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VOL. 36, NOVEMBER 26, 1970 103 104 SUPREME COURT REPORTS ANNOTATED
Anaya vs. Palaroan Gayon vs. Gayon
likewise, alleged in her reply that defendant Fernando paid and sacred, being the foundation upon which society rests,
court to her without any intention of complying with his is to be cautious and strict in granting annulment of
marital duties and obligations and covertly made up his marriage (Roque vs. Encarnacion, L-6505, August 23, 1954,
mind not to live with her. Plaintiff-appellant contends that 50 O.G. 4193; Buccat vs. De Buccat, 72 Phil. 19).
the lower court erred in ignoring these allegations in her As such, in order to annul a marriage, clear and
reply. undeniable proofs are necessary (Buccat vs. De Buccat,
This second set of averments which were made in the supra). A motion for summary judgment annulling a
reply (pretended love and absence of intention to perform marriage cannot properly be granted regardless of any
duties of consortium) is an entirely new and additional genuine issue raised by the pleadings (Roque vs.
"cause of action." According to the plaintiff herself, the Encarnacion, supra).
second set of allegations is "apart, distinct and separate To annul a marriage on the ground of fraud, it would
from that earlier averred in the Complaint x x x" (Record have to be proved that the plaintiff's consent had been
on Appeal, page 76). Said allegations were, therefore, secured by fraud or deceit; that is, that the fraudulent
improperly alleged in the reply, because if in a reply a representations of the defendant had actually induced her
party-plaintiff is not permitted to amend or change the to contract marriage, in the firm belief that they were true
cause of action as set forth in his complaint (Calo vs. (Garcia vs. Montague, 12 Phil. 480).
Roldan, 76 Phil. 445), there is more reason not to allow Failure to sign the marriage certificate or contract by
such party to allege a new and additional cause of action in the wedded couple, the witnesses and the priest does not
the reply. Otherwise, the series of pleadings of the parties constitute a ground for nullity, it being not one of the
could become interminable. causes for annulment of marriage and the signing thereof
On the merits of this second fraud charge, it is enough to being required by the statute simply for the purpose of
point out that any secret intention on the husband's part evidencing the act of marriage and to prevent fraud (De
not to perform his marital duties must have been Loria vs. Apelan Felix, L-9005, June 20, 1958). Nor do the
discovered by the wife soon after the marriage: hence her priest's failure to make and file the affidavit required by
action for annulment based on that fraud should have been Sections 20 and 21 of the Marriage Law for in articulo
brought within four years after the marriage. Since mortis marriages and to furnish the parties with copies of
appellant's wedding was celebrated in December of 1953, the marriage certificate constitute a ground for annulment,
and this ground was only pleaded in 1966, it must be especially where it was caused by an emergency ( De Loria
declared already barred. vs. Apelan Felix, supra).
FOR THE FOREGOING REASONS, the appealed order
is hereby affirmed. No costs. _______________
Order affirmed.
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Notes.·Annulment of marriage.·The fundamental
policy of the State, which regards marriage as indissoluble
104